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

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 case POTUS electors fail to make the POTUS choice, 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 chosen Vice-President serves as Acting President. The VPOTUS candidate who failed to initially get the selection by the specific federal legislative house (should be by the U.S. House of Representatives) should act as Vice-President Of The United States.

In case both the POTUS and VPOTUS are unable to serve, then the Speaker Of The House Of Representatives should serve as the Acting President. If that Speaker Of The House of Representatives is unable or unwilling to start the term as Acting President, then the newly selected President pro tempore of the U.S. Senate would be expected to start acting as President for the entire Presidential term. The law regarding line of succession, as established by the United States Code (3 USC 19), should be applied. If no chosen POTUS, VPOTUS, & SOTHUS in this line of succession is able and willing to start as Acting President, then this new President pro tempore should commence term 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 are 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 while the term is still running.

If the recently chosen President pro tempore is 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 latest replacement of the recently chosen President pro tempore of the U.S. Senate will fill the role as Acting Vice-President.

Once any term by the Acting Vice-President has started, if that Acting Vice-President (Acting President Of The Senate) can no longer continue in that capacity for any reason, then the current President pro tempore of the U.S. Senate will act 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 in lieu of the fact the Presidential position, unlike the federal upper house house, is based on a different based democratic model. Head executive positions are chosen via cross-verification. If a head executive position is based on one democratic model, another democratic model needs to be used to choose this position.

If the Senate majority cannot choose the President, then the chosen Vice-President acts as President. The law pertaining to the line of succession applies. If there is no Vice-President candidate willing or able to starting acting as President, then the Speaker Of The House Of Representatives will have to act as President. If the SOTHUS is neither willing or able to act as POTUS, then the recently selected President Pro Tempore will act as POTUS.

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 Acting VPOTUS becomes POTUS. If the President pro tempore cannot start serving as Acting VP because he/she has been chosen 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 recently President pro tempore will fill the role as Acting Vice-President.

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