Questions tagged [twelfth-amendment]
Questions relating to the 12th amendment of the US Constitution. This amendment provides the procedure for electing the president and vice president.
13 questions
6
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"Eligible" vs "Elected" in the drafting of the 22nd amendment
The 22nd Amendment (in combination with the 12th) is generally taken to mean that a two-term President is not a valid Vice-Presidential candidate. But some scholars (for example, this article) point ...
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8
votes
2
answers
342
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Can a state appoint Presidential electors from out-of-state to get around the difficulty of Presidents and VP's being from the same state?
The twelfth amendment to the United States constitution reads:
The Electors shall meet in their respective states and vote by ballot
for President and Vice-President, one of whom, at least, shall not ...
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1
vote
1
answer
370
views
If Trump picks Rubio, when would he need to move to avoid losing Florida's electoral votes, and would he then have to resign as Florida senator?
After 03:30 in the June 17, 2024 They were once rivals. Rubio is now helping Trump with debate prep CNN's Randi Kaye explains:
...it's complicated because of this provision in the constitution. Long ...
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18
votes
2
answers
4k
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What is the Legal Process if Electoral Certificates are Damaged?
Plenty of interesting questions have arisen related to the unprecedented riot at the Capitol in Washington D.C. on January 6, 2021. In a recent report printed in the New Yorker, Keith Stern, a ...
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13
votes
4
answers
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Why continue counting/certifying electors after one candidate has secured a majority?
As I understand it, a presidential candidate needs to secure 270 electoral votes to have a majority and thereby officially win the election. As I also understand it, when the joint session of Congress ...
- 1,247
2
votes
1
answer
237
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What candidates can be voted on in a deadlock in a general election?
As per the Twelfth Amendment, I am of the understanding that in a deadlock situation in a general election, the vote goes to the House of Representatives, with each state getting a single collective ...
- 123
6
votes
1
answer
873
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Would the outgoing VP break a Senate tie for his successor?
The Twelfth Amendment specifies:
The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors ...
- 25.5k
9
votes
2
answers
2k
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What happens in the event of a tie for a 12th amendment House vote?
Evan McMullin is running for president, hoping to be elected via the 12th amendment, which would require him to receive at least 1 EC vote, and there to not be a candidate that receives the minimum ...
- 3,178
9
votes
1
answer
3k
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Does the Twelfth Amendment allow the possibility of a President and Vice President from different parties being elected?
The Twelfth Amendment to the US Constitution describes what happens in the event that no candidate has the number of electoral college votes needed to become president (currently 270 out of 538):
......
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3
votes
1
answer
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Do Representatives from the US House of Representatives have to vote for President?
In a situation outlined in the 12th amendment where
" 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
...
- 364
15
votes
4
answers
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What would happen if the same person were elected both President and Vice President?
As I was reading this answer, I realized that there's nothing in the Constitution to prevent a majority of Electors from voting for the same person for both President and Vice President.
The Twelfth ...
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16
votes
3
answers
4k
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Are Running Mates Constitutional (US President/VP)
I was reading over the US Constitution and Amendments when Amendment 12 jumped out at me.
I've always thought that Amendment 12 specifically said that Presidential Candidates and Vice Presidential ...
- 267
15
votes
3
answers
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12th Amendment and President and Vice Presidents from same states
The 12th Amendment states
The Electors shall meet in their respective states, and vote by ballot
for President and Vice-President, one of whom, at least, shall not be
an inhabitant of the same ...
- 825