On Tuesday, Sen. Jeff Sessions R-Ala. John Cornyn R-Texas , meanwhile, has called the 14th Amendment solution " crazy talk. Do you have information you want to share with HuffPost? News U. Politics Joe Biden Congress Extremism. Only on the 36th ballot did Bayard agree to vote for Jefferson and to break the deadlock by which time at least two Jeffersonian governors, from Pennsylvania and Virginia, were threatening to call out their state militias and order them to march on the new national capitol in Washington, D.
Jefferson was peacefully inaugurated on March 4, and the all-important precedent was set for peaceful transfer of power. Yet the original electoral college system was exposed as problematic, and there was widespread agreement that something had to be done.
But what? That was rejected in and did not become a serious possibility in the early 19th century nor, of course, has it been adopted since then. Still, it had become clear that political parties had become a feature of American politics and that the electoral college system should be modified to reflect this. How was this accomplished? Never again could presidential candidates and their running mates face the embarrassing kind of tie vote that forced the House to choose between Jefferson and Burr.
The Twelfth Amendment was proposed by the Eighth Congress on December 9, and submitted to the states three days later. There being seventeen states in the Union at that time, thirteen had to ratify it. Secretary of State James Madison declared that the Amendment had been added to the Constitution on September 25, , at which time fourteen of the seventeen states had ratified it.
Delaware, Connecticut, and Massachusetts had rejected it though Massachusetts in fact ratified it in ! The election of and all subsequent elections were carried out under the terms of the Twelfth Amendment. This splitting of the presidency and vice-presidency did not go uncontested. At least two senators expressed their reservations about the quality of vice presidential candidates. Is he honest? They will seek a man of moderate talents.
In addition to its implicit recognition of the existence of political parties, the Amendment made another important change: The original Constitution provided that the failure of any candidate to achieve a majority would require the House to choose as president one of the five top-ranking candidates, with the person coming in second to serve as vice-president unless there was tie for second place, in which case the Senate would choose between them.
Now, however, the House would choose only the President from the top three choices of the electors; the Senate would now choose the Vice President from the top two choices of the electors for that specific office.
Among other things, this guaranteed, in effect, that there would always be a vice president, who could presumably take the reins of the presidency should the House be hopelessly divided among the top three candidates for the presidency. This aspect of the Twelfth Amendment became crucial in , the only time since that the House in fact selected the president as the result of the inability of any of the presidential candidates to achieve a majority of electoral votes.
Under the original Constitution, the House would have been able to choose among all four, and one might plausibly believe that Clay might have prevailed. Under the Twelfth Amendment, however, Clay was out of the running, and the choice was reduced to Jackson, Adams, and Crawford.
In United States v. Wong Kim Ark , U. The Court in Wong Kim also applied that ruling "[a]ll persons born or naturalized in the United States," finding that those persons "are citizens of the United States and of the State wherein they reisde. The State Action Clause of the Fourteenth Amendment declares that a state cannot make or enforce any law that abridges the privileges or immunities of any citizen. In the Civil Rights Cases , U.
The Court decided in United States v. Guest , U. In later cases, the Courts tried to distance itself from the Guest decision, and in United States v. Morrison, U. The Court also handled a number of cases dealing with racial discrimination by private actors. In Shelley v. Kraemer , U. In Burton v. Wilmington Parking Authority , U. The Supreme Court, influenced by the fact that the garage was used for public parking, ruled that the restaurant was closely tied to the state in such a way that the discrimination could be considered state action.
As such, the Supreme Court decided that the restaurant's discrimination unconstitutionally violated the Equal Protection Clause. The Supreme Court in Reitman v. Mulkey , U. In a number of cases, the Court has continued to limit state action claims against private individuals. In Jackson v.
Metropolitan Edison Co. The Court also determined in Flagg Brothers, Inc. Brooks , U. There has been some debate over the meaning of the Privileges and Immunities Clause with several possible original meanings. A question arises as to whether the clause meant that all state laws should be applied equally to its citizens or that state laws should have certain substantive content.
The substantive view can be further divided into two categories. One view is that these privileges and immunities include all of the rights in the Constitution, including the Bill of Rights. Thus, this view sees the purpose of the Privileges and Immunities Clause as applying all of the rights in the Constitution to all of the states. Another view is that it only meant to make the Bill of Rights applicable to the states.
In Corfield v. The invocation and execution of the 25th Amendment is a more difficult process than impeachment. Vice President Pence and a majority of the cabinet would first have to provide a written declaration to the president pro tempore of the Senate Senator Chuck Grassley and the speaker of the House Representative Nancy Pelosi that President Trump is unable to fulfill his duties as president, which would immediately strip him of the powers of his office and make Pence acting president.
Trump can send his own declaration to Sen. Grassley and Rep. Pelosi disagreeing with the assertion, which would allow him to resume his duties. Pence and the cabinet would then have up to four days to send yet another declaration repeating their conclusion that Trump is unable to perform his duties which would again allow Pence to take over.
Congress would then have 48 hours to assemble and vote within 21 days. If two-thirds of both chambers agree, then Trump would be stripped of his title; if the two-thirds vote fails, Trump resumes the presidency.
While the 25th amendment will likely not be invoked, calls for impeachment are still loud, and, if that fails, we only have less than two weeks before a new president is installed. Here's your chance to grab the mattress that's earned more than 5, perfect 5-star ratings.
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