Saturday, June 04, 2022

Minor Changes In The Elector System Are Needed To Dilute The Expanded Authority Of Federal Government-Part One

The 3rd paragraph of the Original Twelfth Amendment that has not been amended reads as follows.


"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."

The US Constitution is not a perfect document. It is in need of minor changes. This is due to the fact that when the U.S. Constitution was written, the federal government was subordinate to the states in terms of sovereignty. Since that has not been the case since the end of the U.S Civil War, changes are necessary to dilute the authority of federal government.  

Presidential electors should be chosen by a Land-Based democratic model (electoral votes assigned to localities' ward/districts) because they represent an entity (congressional district) that is Population-Based democratic model. These electors individually cast ballots for a candidate who will hold an office that is both Population-Based and Land-Based. The office for POTUS is Population-Based as that officeholder will preside over domestic federal agencies. The office for POTUS is also Land-Based as that officeholder is in charge of all aspects of foreign policy and border security and is also is the Commander-In-Chief of the Armed Forces. Furthermore the President has lawmaking authority as he/she can veto bills from both federal legislative house. Therefore it is imperative that both democratic based models are used to choose the POTUS.  

Vice-Presidential electors should be chosen by a Population-Based democratic model (electoral votes assigned to localities' precincts) because they represent an entity (state senate district) that is Land-Based democratic model. These electors individually cast ballots for a candidate who will hold an office in a federal legislative body that is Land-Based. The office for VPOTUS is Land-Based as that officeholder is President Of The United States Senate, which is a Land-Based democratic body. Therefore it is imperative that the Land-Based democratic based model is used to choose the POTUS. 

In this proposed amendment, it should be the US Senate who determines the ballots for President in case the majority of electors cannot make this determination. The choosing of President by these electors is based on the Population-Based model since each elector represents a congressional district. Therefore if electors fail to make this choosing, the next alternative choosing must be based on the Land-Based model. Due to the fact that the US Senate is a Land-Based democratic political body, the majority of members in the US Senate must choose the POTUS out of the Top Three electors' vote-getting candidates. If the US Senate cannot muster a majority for one of the three candidates, then the VPOTUS chosen by the U.S. House Of Representatives becomes the Acting POTUS and the other candidate for VPOTUS who was not initially chosen by the U.S. House Of Representatives becomes the Acting VPOTUS. 

It must be noted that presently the members of the U.S. Senate choose the Vice-President Of The United States amongst the VP candidates if the electors fail to do so via simple majority. That clearly poses a conflict of interest as the VPOTUS is the President of the U.S. Senate. This current law makes the U.S. Senate Imperial Democratic. In order for this process to be Representative Democratic, the U.S. House of Representatives needs to make the choosing of VPOTUS with each state assigned one electoral vote. This will ensure that both Population-Based models and Land-Based models are used in this alternative choosing of the VPOTUS.

It should also be the U.S. House of Representatives who determines the ballots for Vice-President in case the majority of electors cannot make this determination. The choosing of Vice-President by these electors is based both on the Land-Based and Population-Based models since each elector represents a state senate district but is elected by the electorate in a precinct (precincts have generally the same number of voters). Therefore if electors fail to make this choosing, the next alternative choosing must be based on both models. Due to the fact that the US House of Representatives is a Population-Based democratic political body, the majority of members in the US House of Representatives must choose the VPOTUS out of the Top Two electors' vote-getting candidates. However all states that each federal legislative lower house member belongs is to be assigned one electoral vote to reflect the Land-Based model. The candidate, out of the Top Two candidates as chosen by the electors, who wins the majority of electoral votes becomes the VPOTUS. 

The House of Representatives should be able to make this determination based not on a simple majority but by one vote per state for a simple reason. This is due to the fact a Land-Based model has to also be used in selecting the Vice-President if electors fail to choose the POTUS. Since the VPOTUS is the President of the Senate (a legislative body), he/she is more involved with the lawmaking process than the President. Therefore there is more of a need for both models to be used in choosing the VPOTUS if the U.S. House of Representatives is given that responsibility. 





Cliff Notes Version: If the electors fail to choose the White House occupants, the following must occur.

1. The U.S. Senate must choose the President with its simple majority if the Presidential electors are unable. The choosing of the President is based on both Democratic models as its role is both domestic and foreign as well as both administrative and legislative. Thus the U.S. Senate must do the choosing because it is based on an Land Based Democratic Model.

2. The House of Representatives must choose the Vice-President with its simple majority. Since the choosing of the Vice-President is more based on an Population Based Democratic Model as its supposed role is more legislative than administrative, the simple majority of the House of Representatives must do the choosing since that federal legislative body is based on an Population Based Democratic Model.

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