how do you elect a president? 4

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How do you Elect a president? http://www.youtube.com/watch?v=oyI Fqf3XH24

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Page 2: How do you Elect a president?  4

What does it say in the constitution?

• Article II• Section 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term

of four years, and, together with the Vice President, chosen for the same term, be elected, as follows: • Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of

Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

• The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose 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. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President. Amendment12

• The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.

• No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.

• In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. amendment25

• The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.

• Before he enter on the execution of his office, he shall take the following oath or affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

• Blue- amendments

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So what does that mean?

• Selecting a president is a complex process that many Americans do not fully grasp. Understanding the Framers (the guys who wrote the constitution!) plan for choosing the president will help you to understand this complicated process

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Original provisions• Most framers were

against selecting the president by the two most obvious ways:– By Congress (too much

under the Legislative branch)

– Direct vote by the people (would be too disorderly, and people could not possibly know enough to make informed decisions)

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Electors

• Presidential Electors- The electors would each cast two electoral votes, each for a different candidate. (first becomes president, second most votes becomes vice)

• The electoral college is the group of people chosen from each state and the District of Columbia to formally select the President and Vice-President.

• Problems started at only the third election when political parties began to form.

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Election of 1800• There was a tie in the electoral votes that led to a

fiasco• Four things changed after this election

1. party nominations for President and Vice-president,2. electoral pledged to vote for their party’s presidential ticket,3. casting of the electoral votes in line (no more free agents).4. Amendment 12 (1804)- separated the Presidential and Vice-presidential ballot.

(

                                                                              

Thomas Jefferson - John Adams)

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Presidential nominations

• Presidential primaries and party caucuses lead up to the Democratic and Republican conventions. At these conventions, which take place every four years during the summer before the fall election, each party officially selects its presidential and vice presidential candidates.

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Role of Conventions• This is not mentioned in the Constitution.• Two campaigns- one for the party nomination and

one for the federal job.• Began in 1832 because of the growth in US

population and to include more people.• The parties have developed the rules.• States send delegates and delegates are based on

Electoral votes (or multiples of) that the state gets in a regular election.

• Each party has their own conventions and rules.

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Presidential primaries

• Based on state rules, and they change all the time.• These are the semi-finals, each party has a run-off

to see who will run in the final election in November. The Conventions announce the primary winner!!

• Winner take all in some states (mostly for the republican primaries) and proportional delegate distribution in others.

• Some states still hold Caucuses, where it is like town meeting. (Iowa)

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NATIONAL CONVENTION

• Three things are done1. naming the party’s presidential and vice-presidential candidates.2. bringing the factions and the leading personalities in the party together.3. adopting the party platform- its formal statement of ideas

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Who’s nominated?

• Incumbent- previous office holderSomeone who has…….• Political experience- local, state, national,

military• Religion (protestant), large states, T.V. and

media, gender/minority.

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The Election

• No matter what the popular vote results may be, the electoral votes determine the outcome of the presidential election.

• Electors are determined by the number of Congressional members that state has- CT has 7 (5 US Representatives, 2 Senators)

• REPRESENTATIVES + SENATORS= ELECTORAL VOTES• Today these electors deliver the message of

the people.

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• The popular vote takes place on the first Tuesday after the first Monday in November.- Nov. 4, 2014

• They are winner-take-all (for most states). The presidential candidate receiving the largest popular vote in a state regularly wins all of the State's electoral votes.

• The candidate who gets the majority of the electoral votes wins. So that’s 270 out of 538

• The electors really vote in December 17th at the state capital, but we know who wins on election day!

• The president will finally take office on January 20th (Because it says so in the CONSTITUTION!)

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Electoral college map 2012- colors are changes from census

Why is each state guaranteed at least three votes?????

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Two other problems with the Electoral College

#1---Nothing in the Constitution, nor federal statute, requires the Electors to vote for the candidate favored by the popular vote in their State. (some states do have the laws) •This broken pledge has happened 11 times, the last being in 2004.

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#2---In any presidential election, it is possible that the contest will be decided in the House.•1968- The election had a strong third party which won 46 electoral votes. Nixon and Humphrey’s number went down and it was more difficult for them to win a majority. (Nixon eventually won)

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Other options??

• District plan- in which electors would be chosen in each state in the same way as members of Congress. 2- at large, 5 district votes. (Maine and Nebraska do this)

• Proportional plan- each presidential candidate would receive the same share of a State’s electoral vote as he or she received in the State’s popular vote. (no more winner take all)

• Direct popular vote

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Seems like we should do a popular vote???

• Problems---• Need a constitutional Amendment- that’s not so easy!• Small states make out with the electoral college. They would

loose their advantage. Also many legislators from these small states would probably not go for the amendment.

• Weaken the federal system because the states, as states, would loose their role in the choice of president.

• Specific groups will loose some of their power. For example in Chicago the African America vote is often decisive in the presidential election in Illinois. In a direct election they would not hold the balance of power they hold no.

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So I guess we are stuck!• Supporters suggest that

the present arrangement has some strengths– 1. It is a known process.– 2. It has worked so far

and we have known who the president-elect is quickly most of the time! (except 2000!!!)

– http://www.cbsnews.com/news/debate-over-the-electoral-college-revived-again/

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20th Century Amendments to the Constitution

• 17th:The Senate of the United States shall be composed of two Senators from each State, elected by the people for six years.

• 19th:Women have the right to vote.• 23rd: Gives residents of Washington DC the right to

vote for representatives in the Electoral College.• 24th: Ended mandatory poll taxes that prevented

many African Americans from voting.• 26th: When you turn 18 you will be able to vote in all

elections, be it state, local or federal.

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Electoral College Overview

• http://www.archives.gov/federal-register/electoral-college/about.html