Jerry Rogers Jr
The 12th Amendment
The langauge of the 12th Amendment
The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President.
Paraphrase
The Electoral College must cast seperate votes for President and Vice President. The candidate with the majority votes (at least 270 out of 538) wins the Presidency. However if no candidate reaches the majority, the House of Represenatives chooses the President. The Senate selects the Vice President if no candidate receives a majority
Court Cases
Ray v. Blair, 343 U.S. 214 (1952 Where a state authorizes a political party to choose its nominees for Presidential Electors in a state-controlled party primary election and to fix the qualifications for the candidates, it is not violative of the Federal Constitution for the party to require the candidates for the office of Presidential Elector to take a pledge to support the nominees of the party's National Convention for President and Vice-President or for the party's officers to refuse to certify as a candidate for Presidential Elector a person otherwise qualified who refuses to take such a pledge. Loving v. Virginia, 388 U.S. 1 (1967) This is an action by three Texas registered voters who allege that Richard B. Cheney ("Secretary Cheney"), nominee of the Republican Party for Vice President of the United States, is an "inhabitant" of the state of Texas, and that under the Twelfth Amendment to the United States Constitution, members of the Electoral College from the state of Texas ("Texas Electors") are prohibited from voting for both Governor George W. Bush ("Governor Bush") for the office of President of the United States and for Secretary Cheney for the office of Vice President. Plaintiffs seek a preliminary injunction to prevent the Texas Electors from casting their votes in favor of both Governor Bush and Secretary Cheney. Defendants move to dismiss, contending that plaintiffs lack standing, that their suit presents a nonjusticiable political question, and that they have failed to state a claim on which relief can be granted. Because plaintiffs do not have standing to sue, the court grants defendants' motion to dismiss.
Origin and Why
The 12th Amendment to the United States Constitution was proposed on December 9, 1803, and ratified on June 15th, 1804 The 1800 presidential election exposed flaws in the original Electorl College system. Thomas Jefferson and Aaron Burr, which are both Democratic Republican Party, tied with 73 electoral votes. The Constitution mandated that the runner-up would become Vice President. Which indeed created confusion.
Benefits & Criticisms
Benefits : The benefits can prevents tiebreakers and clarifies Presidential and Vice Presidential Roles. There is other benefits such as, ensuring stability and more more. Criticisms : Adds complexity, also it has some Electoral College Issues, like potential deadlocks and Disproportionate Representation. It also has many more criticisms.
How I feel about the 12th Amendment
I do stand with the 12th Amendment, because I feel like without it we might have a president that I don't like. However another thing is I wouldn't want the candidate to get chosen just off a raise of hands, options etc.
How would it impact if it was removed
I think if the Amendment was removed it would effect the presidential election process. It would also revert to the original procedure outlined in Article ll. It would also change the Electoral College in many ways, such as Alternative Reforms, Constitutional Implications etc.
How can It be improved
The Amendment can be improved by letting Voting System Enhancements, Election Integrity, Canididate selection, Contitutional Reforms etc. The power to ensure the winner recives the most popular vote, and to also allow voters to rank the candidates. It can also be improved by expanding early voting periods etc.
Works Cited
https://law.justia.com/cases/federal/district-courts/FSupp2/122/713/2580414/ https://law.justia.com/cases/alabama/supreme-court/1952/57-so-2d-395-1.html https://constitution.congress.gov/constitution/amendment-12/#amendment-12