Needed Changes in the 12th Amendment of the U.S. Constitution-Part Seven By Harsha Sankar

 

Needed Changes in the 12th Amendment of the U.S. Constitution-Part Seven 

A quorum of two-thirds of all members of the House Of Representatives should be needed in order for any selection of a Vice- Presidential candidate to be lawfully validated. If this is not achieved or if a majority of the whole number of House Representatives is unable to choose the Vice-President, then the President Pro Tempore of the U.S. Senate becomes Acting Vice-President. The reason why this specific officeholder would serve as Acting Vice-President is because he/she has no interactions with both the electors and the House Of Representatives.

The next newly selected President pro tempore would serve as the Acting Vice-President for the remainder of the term. 

Cliff Notes Version: If the electors fail to choose the VP, then the House will. If the House fails, then the newly selected President pro tempore becomes the Acting VP.

Needed Changes in the 12th Amendment of the U.S. Constitution-Part Six By Harsha Sankar

Needed Changes in the 12th Amendment of the U.S. Constitution-Part Six

Since the US Constitution shifted sovereignty from the states to the federal government, the positions of President and Vice-President gained unprecedented authority. The Founding Fathers did not intend both these positions to be as powerful as the 14th Amendment made it to be. However, the Lincolnites who won the Civil War had other ideas. They wanted a strong central government as nationalism was sweeping across the Western World. 

Correctly or incorrectly,America has become a "Top-Down Society". Due to this, the President and Vice-President should not run on the same ticket. They should be selected by a different set of electors and their electors should be chosen in a different manner. Otherwise, too much centralization of authority will be placed on one ticket if the President and Vice-President run together.

A different set of electors should choose the Vice-President. Moreover, the Vice-Presidential electors should be chosen in a different manner as the Vice-Presidential position is quite different than the Presidential position. The Vice-President,unlike the President, is supposed to be much more involved in lawmaking than in administration. According to the U.S. Constitution, the role of the Vice-President is not supposed to be just ceremonial.  

The 12th Amendment should be changed to reflect this preceding as the 14th Amendment has changed the nation in 1868. Since the center of government authority was shifted to the federal government in Washington D.C., the 12th Amendment needs to be altered so that there is Separation Of Powers between the President and Vice-President. Checks and Balances are needed between those two officeholders so it is imperative that certain divisions are made. 

If the simple majority of Vice-Presidential electors are unable to choose the winner of the Vice-President race, then the simple majority of members of the House of Representatives chooses the Vice-President. Since the Vice-Presidential position is based on the Population Based Democratic Model, the federal lower house must choose the winning candidate if the electors are unable to do so. 

Cliff Notes Version: Since sovereignty was transferred from the state governments to the federal governments, different electors are now needed for President and Vice-President. The Presidential electors should also be chosen in a different manner than the Vice-Presidential electors.

If the electors cannot choose the Vice-President, the majority of the members of the House of Representatives must then be given the task to do just that since the Vice-Presidential position, just like the federal lower house, is based on the Population Based Democratic Model.

Needed Changes in the 12th Amendment of the U.S. Constitution-Part Five By Harsha Sankar

 

A quorum of two-thirds of all members of the U.S. Senate should be needed in order for any selection of a Presidential candidate to be lawfully validated. If this is not achieved or if a majority of the whole number of U.S. Senators is unable to choose the President, then the recently elected Vice-President serves as Acting President.

If there is no candidate eligible for Vice-President, then the Speaker Of The House Of Representatives should serve as the Acting President. The reason why the leading member of the federal lower house would serve if both the electoral process and federal upper house failed to pick the President is because the House Speaker does not have connections to both.

If that Speaker Of The House of Representatives is unable or unwilling to start the term as Acting President, then the President pro tempore of the U.S. Senate would be expected to start for the Presidential term. The law regarding line of succession, as established by the United States Code (3 USC 19), should be applied. If no one in this line of succession is able and willing to start as Acting President, then this new President pro tempore can start as Acting President.

According to current federal law, The Acting President would choose an Acting Vice-President within a prompt period of time. This law should change as the Presidency and Vice-Presidency is far more powerful, more political, and more federal than it was when the U.S. Constitution was written. Therefore, the President pro tempore of the U.S. Senate should start serving as Acting Vice-President if the Vice-Presidency is vacant. 

If the President pro tempore is ever required to start serving as Acting President, then the U.S. House of Representatives Assistant Speaker should start acting as Vice-President. If the Assistant House Speaker is unable or unwilling to start acting as Vice-President, then the U.S. Senate will have to choose the willing President pro tempore who will fill the role as Acting Vice-President. 

Once any term by the Acting Vice-President has started, if the Acting Vice-President (Acting President Of The Senate) can no longer continue in that capacity for any reason, then the next newly selected President pro tempore of the U.S. Senate acts as Vice-President.  

Cliff Notes Version:

If the electors cannot choose the President, the Senate must then be given the task to do just that since the Presidential position, just like the federal upper house house, is based on the Area Based Democratic Model.

If the Senate majority cannot choose the President, then the House Speaker acts as President. The law pertaining to the line of succession applies. If there is no one willing or able to starting acting as President, then the newly chosen President pro tempore of the Senate will have to act as President.

Under current law, the Acting President chooses the Acting Vice-President but this must change. The President pro tempore of the U.S. Senate must serve as Acting Vice-President. If the newly chosen President pro tempore cannot start serving as Acting VP because he/she is serving as Acting President, then the U.S. House of Representatives Assistant Speaker will act as Vice-President. If the Assistant House Speaker is unable or unwilling to start acting as Vice-President, then the U.S. Senate will have to choose the willing President pro tempore who will fill the role as Acting Vice-President. 

If an Acting VP must step down after starting his/her duties, the next newly selected President pro tempore of the U.S. Senate should assume that role.

Needed Changes in the 12th Amendment of the U.S. Constitution-Part Four By Harsha Sankar

When the US Constitution was put into effect, the only elected body in the federal legislature was the House Of Representatives. The U.S. Senate members were chosen by legislatures of the states that they belong.

For over a century, the US Senate has been an elected body. Therefore, there is no need for the House Of Representatives to choose the President in case the electors fail to do this choosing.

Since the Area Based Democratic Model is needed to elect the President, the U.S. Senate should be the elected body to choose the President since it is based on that model only.

One vote per state, with the majority of House Representatives deciding the state's choice for President, can be considered Area Based Democratic Model. However, this current practice really just replicates the current electoral voting practice to a large degree. The current electoral system provides more electoral votes to states which have larger populations.

The current practice of the members of the House Of Representatives choosing the President, in case the electors fail to do so, allocates one vote to each state. There is just too much similarity between the two democratic models. The U.S. Senate is based on a distinctly different democratic model. This elected body must be used to choose the President if the majority of electors are unable to choose the winning candidate. 

Cliff Notes Version: The Senate, and not the House Of Representatives with each state that they belong to having one vote, should choose the President if the electors fail to do so.

Currently, the House chooses the President with each state that each Representative belongs to having one vote. That current practice is too similar to the current elector system.

If the elector system fails, then the next step in choosing the President must be based on a distinctly different democratic model. Since the elector system can be considered Population Based, the next step must be Area Based. This means the Senate must then be allowed to choose the President.

Needed Changes in the 12th Amendment of the U.S. Constitution-Part Three By Harsha Sankar

 

Needed Changes in the 12th Amendment of the U.S. Constitution-Part Three 

When the US Constitution was written, states were ceded much more independent authority than they currently have now. The state legislatures chose senators until the 17th Amendment was passed in 1913.

In 1913, senators ceased to become state government's ambassadors to the federal government. Instead they became a more integral part of the federal government as they were more directly chosen by the People.

The manner in which the President was chosen if the electors were not able to decide the choice for these positions should have been changed at that time as well. Currently, the US Constitution states that if the majority of electors are unable to choose the President, the House of Representatives must choose the President instead. This federal lower house would not choose the President by simple majority balloting. Rather, the votes of all Representatives shall be taken by states, the representation from each state shall have one vote. 

Since the Federal Government is now the sovereign governmental authority, this current practice described in the previous paragraph must change. Since area-based chosen federal senators are closer to the people after 1913, the majority of the federal upper house legislative body must decide the Presidential election if the Presidential electors fail to do so. 

Those who apply, support, and enforce the law should be selected. Those who make the law should be elected. Since it is appropriate for federal senators to contest for office via election, it would be appropriate for that federal body to select the President in case the electors failed to do so. It was never appropriate for the U.S. Senate to do so prior to 1913 since they were selected by the state legislatures.

While it is true that the House of Representatives is closer to the People than the US Senate is as they should be, the fact they would be voting with each of their state receiving one vote does not demonstrate much legitimacy. After all, states are no longer sovereign republics which are quasi-independent but are rather franchises of the federal government. So why would each state, based on how its members in the House of Representatives voted, cast its sole vote for the President when it has no independence?  

Since the President is much more involved in administration and much less in lawmaking, the President must be chosen based on a Area Based Democratic Model. That means the US Senate should do the choosing if the electors are not able to do so. The US Senate is less directly connected to the People so they would need to make this choice. 

Cliff Notes Version: Since the U.S. Senate was not an elected body prior to 1913, they did not choose the President if the electors were unable to do so.

Since the members of the U.S. Senate have been elected and since the Area-Based Democratic Model is used to choose Senators, the U.S. Senate should choose the President. The President engages much more in administration than in lawmaking so his/her position is more based on the Area-Based democratic model. The Presidency must be linked less closely to the People so the U.S. Senate, rather than the chosen population-based House of Representatives, must choose the President if the electors are unable to do so.

Needed Changes in the 12th Amendment of the U.S. Constitution-Part Two By Harsha Sankar

Since the US Constitution shifted sovereignty from the states to the federal government, the positions of President and Vice-President gained unprecedented authority. The Founding Fathers did not intend both these positions to be as powerful as the 14th Amendment made it to be. However, the Lincolnites who won the Civil War had other ideas. They wanted a strong central government as nationalism was sweeping across the Western World.

Correctly or incorrectly, America has become a "Top-Down Society". People focus daily on the activities of the President. Due to this, the President and Vice-President should not run on the same ticket. They should be selected by a different set of electors and their electors should be chosen in a different manner. Otherwise, too much centralization of authority will be placed on one ticket if the President and Vice-President run together. 

Cliff Notes Version: The Civil War shifted sovereignty from the State governments to the Federal Government. Therefore, the President and Vice-President should not be on the same ticket. They should have different electors and their electors should be chosen differently.

Needed Changes in the 12th Amendment of the U.S. Constitution-Part One By Harsha Sankar

The US Constitution is not a perfect document. It is in need of minor changes.

The 12th Amendment needs to be changed. Read my previous post to see what changes need to be made.

The fundamental reason for the change is simple. When the US Constitution was written, the States were sovereign Republics. After the 14th Amendment was passed in the aftermath of the Civil War, the States and their governments were converted into franchises of the USA and the federal government. The united States of America became the United States of America as people became federal citizens.

Correctly or incorrectly, this is the type of governance the American People accepted. In America, there is so much emphasis in the happenings of the White House and Congress because America became a "Top-Down Society" after the Civil War. In other nations, such as India, it is a "Bottom-Up Society" because local politicians wield the most amount of influence.   

Since the federal government is now at least the sovereign governmental authority, the manner of the choosing of Presidential and Vice-Presidential electors should change as well. The states should no longer have the total discretion as per its laws. Instead the federal government ,by federal law only, can amend the US Constitution to allow the federal government to pass legislation that governs the choosing of these electors. 

The federal government also has the authority to pass legislation that changes the 12th Amendment in other respects. It must be noted that the 12th Amendment governs the choosing of the President and Vice-President. Since they are the heads of the sovereign federal government, the federal government with sovereign governmental authority can legislate the manner of the choosing of these two officeholders. 

Cliff Notes Version: Since governance fundamentally changed after the Civil War as the federal government gained supremacy in regards to governmental authority. People were no longer citizens of the state but rather they became citizens of the nation. The uSA became the USA after the 14th Amendment was passed in 1868.

The original U.S. Constitution cited that state legislatures have to pass laws that govern the choosing of presidential and vice-presidential electors. Since the U.S. Constitution was fundamentally changed after the Civil War, the federal government should be given the authority to pass laws that govern the choosing of these electors instead.