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.