The united states constitution the elastic clause the amendment process and the electorial college

Is the Electoral College in the U. By faction he meant "a number of citizens whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community. It was believed indirect election would be the best way to disrupt the power hungry's use of factions.

The united states constitution the elastic clause the amendment process and the electorial college

The electoral college was one of the compromises by which the delegates were able to agree on the document finally produced. It is in truth the most difficult of all on which we have had to decide.

Necessary and Proper Clause - Wikipedia

Itself the product of compromise, electoral college probably did not work as any member of the Convention have foreseen, because the development of political parties and nomination of presidential candidates through them and designation of electors by the parties soon reduced the concept of the elector as an independent force to the vanishing point in practice in theory.

But the college remains despite numerous efforts to adopt another method, a relic perhaps but still a significant one. Clause 3 has, of course, been superceded by the Twelfth Amendment. No question was raised as to the power of the State to appoint, in any mode its legislature saw fit to adopt, and none that a single method, applicable without exception, must be pursued in the absence of an amendment to the Constitution.

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The district system was largely considered the most equitable, and Madison wrote that it was that system which was contemplated by the framers of the Constitution, although it was soon seen that its adoption by some States might place them at a disadvantage by a vision of their strength, and that a uniform rule was preferable.

State Discretion in Choosing Electors Although Clause 2 seemingly vests complete discretion in the states, certain older cases had recognized a federal interest in protecting the integrity of the process.

Thus, the Court upheld the power of Congress to protect the right of all citizens who are entitled to vote to lend aid and support in any legal manner to the election of any legally qualified person as a presidential elector. Its power to protect the choice of electors from fraud or corruption was sustained.

If it has not this power it is helpless before the two great natural and historical enemies of all republics, open violence and insidious corruption. Rhodes, the Court struck down a complex state system that effectively limited access to the ballot to the electors of the two major parties.

For the Court, Justice Black denied that the language of Clause 2 immunized such state practices from judicial scrutiny. Then, in Oregon v. Mitchell, the Court upheld the power of Congress to reduce the voting age in presidential elections and to set a thirty-day durational residency period as a qualification for voting in presidential elections.

Although the Justices were divided on the reasons, the rationale emerging from the case, considered with Williams v.

Rebuking Oppression on Every Front

Rhodes, is that the Fourteenth Amendment limits state discretion in prescribing the manner of selecting electors and that Congress in enforcing the Fourteenth Amendments may override state practices that violate that Amendment and may substitute standards of its own.

Whether state enactments implementing the authority to appoint electors are subject to the ordinary processes of judicial review within a state, or whether placement of the appointment authority in state legislatures somehow limits the role of state judicial review, became an issue during the controversy over the Florida recount and the outcome of the presidential election.

The united states constitution the elastic clause the amendment process and the electorial college

The Supreme Court did not resolve the issue, but in a remand to the Florida Supreme Court, suggested that the role of state courts in applying state constitutions may be constrained by operation of Clause 2. Three Justices elaborated on this view in Bush v.

The united states constitution the elastic clause the amendment process and the electorial college

Gore, but the Court ended the litigation — and the recount — on the basis of an equal protection interpretation, without ruling on the Article II argument. Constitutional Status of Electors Dealing with the question of the constitutional status of the electors, the Court said in The Twelfth Amendment (Amendment XII) to the United States Constitution provides the procedure for electing the President and Vice President.

United States Constitution - Wikipedia

It replaced the procedure provided in Article II, Section 1, Clause 3, by which the Electoral College originally functioned.

Three of these are: The Elastic clause, The Amendment Process, and the Electorial College To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or .

Joseph Jackson, Survey of the Electoral College in the Political System of the United States () Tadahisa Kuroda, The Origins of the Twelfth Amendment: The Electoral College in the Early. The answer is in the 'necessary and proper clause' of the U.S. Constitution, better known as the 'elastic clause,' which allows Congress to make laws it needs to carry out its own powers.

The Necessary and Proper Clause, also known as the elastic clause, is a clause in Article I, Section 8 of the United States Constitution that is as follows: The Congress shall have Power.

The United States Constitution is the supreme law of the United States. The final Necessary and Proper Clause, also known as the Elastic Clause, Section 3, Clauses 1, which provides for equal representation of the states in the Senate.

The shield protecting this clause from the amendment process is less absolute – "no state, without.

U.S. Constitution - Article 2 Section 1 - The U.S. Constitution Online - benjaminpohle.com