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US Constitution, 12th Amendment

Submitted by jmland on Fri, 02/15/2008 - 13:18
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(Please respond if you have any insight re: how this affects our candidate. My impression is that it does not bode well. Thank you, landers02@comcast.net)

Amendment 12 - Choosing the President, Vice-President. Ratified 6/15/1804. Note History The Electoral College

http://www.usconstitution.net/const.html#Am12

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Freedom for All Thanx

Submitted by jmland on Fri, 02/15/2008 - 18:17.

Freedom for All
Thanx

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Freedom for All

Two Points

Submitted by fanofwalt on Fri, 02/15/2008 - 14:03.

I'm not sure precisely which portion of the 12th you're taking issue with, but anyway, there are two things about the 12th to note:

First off, a portion of the 12th Amendment (as referenced in the link you supplied) was superseded by the 20th Amendment.

Here's the section of the 12th which no longer applies:
And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.

...and the superseding language:
20th Amendment, Section 3 (ratified 1/23/1933)
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

And now, one other thing...found in the 12th:
"But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."

Just wanted to pop that in there for MacKain's future plans...you know, just in case his presidential eligibility should be found to be lacking. :)

12th amendment

Submitted by jmland on Fri, 02/15/2008 - 13:42.

I will be writing in Ron Paul's name if given a choice between dems or McCain, but it appears, based on the wording, that only the top three electoral acquirees(?) will be considered in the congressional process. Correct me if I am wrong, please.

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Freedom for All

What's your point? Are you confusing

Submitted by truthy on Fri, 02/15/2008 - 13:33.

delegates with electoral college??

What is the issue

Submitted by speakthetruth on Fri, 02/15/2008 - 13:32.

you are referring to?