Head Of The Federal Executive Branch Must Be Chosen Less Directly By The People

 

Head Of The Federal Executive Branch Must Be Chosen Less Directly By The People

Please read the revised version. I revised it because it was important for the head of the executive branch, who has a lesser role in the lawmaking process, to be chosen less directly by the people than the Vice-President. This was also revised because conflicts of interests had to be eliminated if electoral votes failed to decide the Presidency.

For example, the United States Senate would choose the President instead of the House Of Representatives to avoid minimize a conflict of interest. The US Constitution is not a perfect document and there is need for it to have minor changes.

The U.S. Senate would do that, in case the electoral votes from states did not decide this race, because the President is the nation's representative on the foreign policy front. Since the US Senate ratifies all treaties with foreign entities and also since the US Senate confirms all the nominations by the President for the executive branch's cabinet and for the judiciary, it is imperative that the U.S. Senate choose the President if the elector process fails to do so. 

Simply put, if no candidate was deemed eligible for President, the Vice-President would fulfill that role and capacity as Acting President. If there is no candidate eligible for Vice-President, then the Speaker Of The House Of Representatives would serve as the Acting President.

The Choosing Of The President-

For the Presidential electors to objectively choose the President in order to properly preserve the Republic, they simply cannot be nominated by a Presidential candidate.

No association can exist between the Presidential candidate and a Presidential elector. No proximity that can be perceived as perversely incestual can be allowed. All conflicts of interest must be banned.

The Presidential electors, provided they meet the preceding as well as US and state Constitutional requirements, are chosen by law passed by the state legislature. Presidential electors cannot be chosen in the same manner as Vice-Presidential electors nor are they allowed to vote for candidates of Vice-President.

A Presidential candidate can be anyone who meets the requirements stated in the US Constitution. A Presidential elector can pick any eligible candidate. This choosing is done at the state level. The Presidential candidate who receives the highest number of elector votes receives that state's nomination as its Presidential candidate. All that state's electoral votes goes to that Presidential candidate.

If a Presidential candidate does not receive the majority of electoral votes, then the U.S. Senate choose the president, out of the Top Three electoral vote recipients. If a presidential candidate does not receive the majority of all the U.S Senate's votes, then the recently elected Vice-President shall serve as Acting President.

A quorum of two-thirds of all members of the U.S. Senate is 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 would 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 serve as Acting President at any time during its term, then the President Pro Tempore of the U.S. Senate would be expected to serve for the remainder of the Presidential term. The law regarding line of succession, as established by the United States Code (3 USC 19) will be applied. 



Cliff Notes Version: The US Constitution call for the same set of electors to pick the state's choice of President and Vice-President. 

The US Constitution is not a perfect document. In order to prevent the monstrosity of same-hands and private governance that has converted America into a totalitarian state, what is needed is more checks and balances and more separation of powers without fracturing the functionality of proper governance.

For the elected executive positions, there needs to be a different set of electors on a state level for President and for Vice-President. A different manner each should also exist for the choosing of these set of electors.