January 25, 2011

Let's Read the Constitution Day! - verse 19

Hatched by Dafydd

One fairly minor amendment, followed by a major revision to how we selecte our president and vice president...

~

The Amendments -- Can't sue another state, changes to presidential elections

Amendment 11 - Judicial Limits. Ratified 2/7/1795.

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

Amendment 12 - Choosing the President, Vice-President. Ratified 6/15/1804.

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, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;

The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;

The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.

The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Anent the 12th Amendment above, in the original version of the Constitution (Article II, section 1), the electors of the Electoral College would simply cast two votes for president: Whoever gets a majority of all electoral votes becomes President of the United States, and the second-highest vote-getter becomes Vice President.

By the beginning of the 19th century, however, politicians had discovered the essential stupidity of this system: There was no way to distinguish a vote for president from a vote for vice president; thus in the highly probable case of two factions within the Democratic Republicans duking it out, a likely situation has half the people voting for Jones for president, the other half for Smith -- but both sides wanting Patterson for vice president.

In which case Jones gets a bit less than half the votes, Smith gets a bit less than half the votes -- but Patterson gets more than twice as many votes as either presidential candidate and is promptly elected president -- which nobody wanted!

So they changed it to distinguish between a vote for president and one for vice president. Simple.

All verses in the Lizardian Constitutional Collection:

  1. Let's Read the Constitution Day! - verse 1 (Preamble)
  2. Let's Read the Constitution Day! - verse 2 (Congress; House, part I)
  3. Let's Read the Constitution Day! - verse 3 (House, part II)
  4. Let's Read the Constitution Day! - verse 4 (Senate, part I)
  5. Let's Read the Constitution Day! - verse 5 (Senate, part II)
  6. Let's Read the Constitution Day! - verse 6 (General congressional admin stuff)
  7. Let's Read the Constitution Day! - verse 7 (Legislative process and enumerated powers)
  8. Let's Read the Constitution Day! - verse 8 (Limitations)
  9. Let's Read the Constitution Day! - verse 9 (The prez -- who does he think he is?)
  10. Let's Read the Constitution Day! - verse 10 (What would a president do?)
  11. Let's Read the Constitution Day! - verse 11 (Judiciary)
  12. Let's Read the Constitution Day! - verse 12 (States, part I)
  13. Let's Read the Constitution Day! - verse 13 (States, part 2)
  14. Let's Read the Constitution Day! - verse 14 (Amendment; supreme law of the land)
  15. Let's Read the Constitution Day! - verse 15 (Ratification rules and signers)
  16. Let's Read the Constitution Day! - verse 16 (Amendments: Bill of Rights, Amendments 1-4)
  17. Let's Read the Constitution Day! - verse 17 (Bill of Rights -- Courtroom Amendments 5-8)
  18. Let's Read the Constitution Day! - verse 18 (Bill of Last Rights 9 and 10)
  19. Let's Read the Constitution Day! - verse 19 (Amendments: Suing other states, president vs. vice president)
  20. Let's Read the Constitution Day! - verse 20 (Amendments: Abolition of slavery)
  21. Let's Read the Constitution Day! - verse 21 (Amendments: States prohibited from infringing rights)
  22. Let's Read the Constitution Day! - verse 22 (Amendments: Racial voting rights)
  23. Let's Read the Constitution Day! - verse 23 (Amendments: Wilsonian-Progressivism I)
  24. Let's Read the Constitution Day! - verse 24 (Amendments: Wilsonian-Progressivism II)
  25. Let's Read the Constitution Day! - verse 25 (Amendments: Rooseveltian amendments)
  26. Let's Read the Constitution Day! - verse 26 (Amendments: Camelot amendments)
  27. Let's Read the Constitution Day! - verse 27 (Amendments: Panacea amendments)

Hatched by Dafydd on this day, January 25, 2011, at the time of 12:00 AM

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