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.