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The Twelfth Amendment (Amendment XII) to the United States Constitution provides the procedure for electing the president and vice president. It replaced the procedure in Article II, Section 1, Clause 3, under which the Electoral College originally functioned. The amendment was proposed by Congress on December 9, 1803, and was ratified by the ...
The Twelfth Amendment requires a "majority of the whole number" of senators (currently 51 out of 100) to elect the vice president in a contingent election. In practical terms, this means that an absence or an abstention from voting is tantamount to a negative vote and could impair the election of either candidate. [7]
The Eastman memos, also known as the " coup memo ", [6][7] are documents by John Eastman, an American law professor retained by then-President Donald Trump advancing the fringe legal theory that a U.S. Vice President has unilateral authority to reject certified state electors. This would have the effect of nullifying an election in order to ...
There’s one big legal hurdle: The 12th Amendment. With Joe Biden out of the presidential race and Vice President Kamala Harris the front-runner for the top of the ticket with his endorsement ...
The U.S. Constitution, ratified in 1789, is our supreme law. The first ten amendments were ratified in December 1791. The Eleventh Amendment was ratified in 1795 and the Twelfth in 1804 ...
[12]: 653 The Senate president does not announce "the names of persons elected," since Congress specifically rejected that option as explained above. If no candidate is determined to have a majority, then the contingent election procedure described in the Twelfth Amendment would be used. [20]
The first ten amendments were adopted and ratified simultaneously and are known collectively as the Bill of Rights. The 13th, 14th, and 15th amendments are collectively known as the Reconstruction Amendments. Six amendments adopted by Congress and sent to the states have not been ratified by the required number of states.
Article two is modified by the 12th Amendment, which tacitly acknowledges political parties, and the 25th Amendment relating to office succession. The president is to receive only one compensation from the federal government. The inaugural oath is specified to preserve, protect and defend the Constitution.