Instructions
The Constitutional qualifications for one to hold the presidency:
Art. 2 Sec. 1: “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.” (“Natural born citizen” is not defined in the Constitution and the courts have held that one whose parent(s) is/are citizens is also a citizen.
The only way to impeach and remove a president: Art. 1 Sec. 4: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. (Specific crimes must be alleged and voted on by the House 1st, to impeach, and then by the Senate with a 2/3rds vote (67 Senators) to “convict” or remove from office. This is NOT a criminal conviction but a civil proceeding to remove such a person from office).
Andrew Johnson was impeached in 1868 but was not removed by the Senate by 1 vote…all over political disagreement characterized as criminal but not rising to the level of criminal acts regarding Reconstruction policies.
Bill Clinton was impeached but not removed from office by the Senate. The underlying complaint was that he lied under oath about a sexual relationship…a misdemeanor that did not have direct application to national policies.
Donald Trump was impeached twice, both times for acts that arguably rose to the level of criminal acts, but was not removed from office by the Senate:
1st in 2020 for 2 counts: abuse of power and obstruction of Congress, both having to do with illegally withholding congressionally authorized military assistance to Ukraine in return for Ukraine initiating a corruption investigation against Joe Biden, his political opponent.
2nd in 2021: “for incitement of insurrection”, a criminal act against the United States, in conjunction with his role in the January 6, 2021 assault on the U. S. Capitol. The Senate vote was 10 votes short of removing him from office “which would have disqualified Trump from holding federal office in the future” (p. 352). The vote in the Senate included 7 republican senators voting in favor of removing Trump from office.
AGAIN, the vote for removal from office by the U. S. Senate in such proceedings is NOT an acquittal of any underlying offenses but is merely the result of the civil attempt to get a politician out of office based on alleged offenses. Underlying offenses may be prosecuted criminally in the courts despite a Senate vote failing to remove.
25th Amendment, Sec. 4:
“Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
****************************
“For the writers of the Constitution, the great danger of democracy was that it could degenerate into tyranny” (Patterson p. 45).
Preservation of liberty for people is very important…the Founders did NOT want a “European style monarchy” OR “mob-driven democracy” (p. 40) The president was to be chosen indirectly through electors picked by states (p. 47).
American Founders specifically defeated proposals for direct election of the president by popular vote OR election by Congress OR election by state legislatures, deciding instead to create the electoral college concept (p. 35). The Founders mistrusted the passions of the masses and felt that choosing perhaps more responsible “electors” through the popular vote would filter those passions toward more responsible leadership choices. The idea was to try to enable the best choice for leadership. See Federalist #10.
Due to the election of 1800, The 12th Amendment was added:
“The Twelfth Amendment (Amendment XII) to the United States Constitution provides the procedure for electing the president and vice president. It replaced the procedure in Article II, Section 1, Clause 3, under which the Electoral College originally functioned. The amendment was proposed by Congress on December 9, 1803, and was ratified by the requisite three-fourths of state legislatures on June 15, 1804. The new rules took effect for the 1804 presidential election and have governed all subsequent presidential elections.
Under the original Constitution, each member of the Electoral College cast two electoral votes, with no distinction between electoral votes for president or for vice president. The presidential candidate receiving the greatest number of votes—provided that number was at least a majority of the electors—was elected president, while the presidential candidate receiving the second-most votes was elected vice president. In cases where no individual won the votes of a majority of the electors, as well as in cases where multiple persons won the votes of a majority but tied for the most votes, the House of Representatives would hold a contingent election to select the president. In cases where multiple candidates tied for the second-most votes, the Senate would hold a contingent election to select the vice president. The first four presidential elections were conducted under these rules.
The original system allowed the 1796 and 1800 presidential elections to elect a president and vice-president who were political opponents, constantly acting at cross-purposes. This spurred legislators to amend the presidential election process to require each member of the Electoral College to cast one electoral vote for president and one electoral vote for vice president. Under the new rules, a contingent election is still held by the House of Representatives if no candidate wins the presidential electoral vote of a majority of the electors, but there is no longer any possibility of multiple candidates winning presidential electoral votes from a majority of electors. (https://en.wikipedia.org/wiki/Twelfth_Amendment_to_the_United_States_Constitution).
THE WORDING OF THE 12TH AMENDMENT in the U. S. Constitution:
“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 state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and all persons voted for as Vice-President and of the number of votes for each, which lists 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 for President, shall be the President, if such number be a majority of the whole number of Electors appointed; 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 as President, the House of Representatives shall choose immediately, by ballot, 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. 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.[a]
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 appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States”.[1]
^ (Note: This provision was superseded by Sections 1, 2, and 3 of the Twentieth Amendment in 1933.)
Emphasis is added by italics and bold print. “SHALL” in legal terminology means there is NO debate…this must happen. It is required. In 2021, Vice Pres. Pence had no legal choice but to open and count the electoral votes from the states. The insurrection crowd that had gathered was intentionally mislead about what could legally happen on 1/6/21 and/or what they might accomplish by their actions.
WHAT ARE OUR VALUES IN THIS COUNTRY?
Democratic Values from Ch. 1 & 2 and posted materials:
Representative Government
Majority Rule through elected officials
Limited Government
Majority rule and national powers are subject to strict Constitutional legal grants of power AND denials of power so that the use of power will not endanger the peoples’ liberty. (p.41).
Separation of power between branches of government is structured so that each division of power is a check and blance on the other 2 branches of government (p.41).
The separation of powers is intentionally overlapped between branches so that often the branches of government are “sharing power” (p. 43).
The Bill of Rights limits government further.
Constitutional Democracy – “Majority rule but with built-in restrictuions on the power of the majority and its elected representatives…so that power cannot be used to restrict the lawful rights and interests of the minority” (Patterson p. 35).
Liberty, which includes:
Individual freedoms, of course. BUT,
It cannot exist in chaos, so SELF-GOVERNMENT is created by men:
“Social Contract” (see below).
Majority Rule (see below)
Constitutions to protect minority rights.
AND, individual liberty often is in conflict with security of the whole…a balancing act is required.
Equality, which includes:
POLITICAL equality
that everyone has access to the system…an equal voice…the VOTE
that government should treat everyone equally unless there is some compelling reason recognized for remedial treatment, such as affirmative action.
Justice, which includes:
The RULE of LAW
Elected bodies pass laws by majority vote within the context of the Constitution.
Law applies to everyone regardless of status, even the President.
Law gives remedies so that violence is not the answer but the courts are the answer to issues.
Courts are the final interpreters of the law…not some political figure or administrative office.
Law may not be changed without a majority vote or a court interpretation of the existing provisions.
Courts may say a law is unconstitutional and thus unenforceable as written.
Legislatures may rewrite the law to make it constitutional.
Social Contract- “The starting point for most social contract theories is an examination of the human condition absent any political order (termed the “state of nature” by Thomas Hobbes).[4] In this condition, individuals’ actions are bound only by their personal power and conscience. From this shared starting point, social contract theorists seek to demonstrate why rational individuals would voluntarily consent to give up their natural freedom to obtain the benefits of political order. ” (https://en.wikipedia.org/wiki/Social_contract)
Majority Rule subject to minority rights:
“The essence of democracy is majority rule, the making of binding decisions by a vote of more than one-half of all persons who participate in an election. However, constitutional democracy in our time requires majority rule with minority rights. Thomas Jefferson, third President of the United States, expressed this concept of democracy in 1801 in his First Inaugural Address. He said,
All . . . will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect and to violate would be oppression.
In every genuine democracy today, majority rule is both endorsed and limited by the supreme law of the constitution, which protects the rights of individuals. Tyranny by minority over the majority is barred, but so is tyranny of the majority against minorities.” (https://www.annenbergclassroom.org/glossary_term/majority-rule-and-minority-rights/).
WHAT AMERICA HAS IS A REPUBLIC: “A government [by representation] where there are constitutional AND institutional limits on the majority’s power” (Patterson p. 46).
RESULT:
The executive branch (president) cannot Constitutionally and legally act “without laws that authorize its activities or without the money tha pays for them” both of which are controlled by Congress (p. 44).
Consider the following:
https://www.abajournal.com/web/article/attorney-and-author-on-his-portrait-of-donald-trump-through-more-than-3500-lawsuits#google_vignette
https://en.wikipedia.org/wiki/January_6_commission
https://en.wikipedia.org/wiki/Personal_and_business_legal_affairs_of_Donald_Trump
https://www.pbs.org/newshour/politics/biden-willfully-disclosed-classified-materials-but-no-criminal-charges-warranted-special-counsel-says
https://www.politifact.com/article/2024/feb/09/biden-wont-be-charged-classified-documents-case/
WHAT YOU ARE TO WRITE ABOUT FOR YOUR FINAL ESSAY:
WHICH MUST CONTAIN A MINIMUM OF 600 WORDS, (1 and 3/4ths pages minimum)
DOUBLE-SPACED,
12- POINT FONT, (typed, no hand-written work will be graded);
WITH COMPLETE CITATIONS OF AUTHORITY IF ANY ARE USED INCLUDING CITING ARTIFICIAL INTELLIGENCE (AI) SOURCES, AND
MUST BE UPLOADED INTO THE ASSIGNMENT BOX NO LATER THAN MONDAY, APRIL 29TH AT 11:59 PM
IN WORD DOC FORMAT (IF YOU UPLOAD IN ANOTHER FORMAT AND I CANNOT OPEN YOUR FILE YOU WILL RECEIVE A “0”:
READ all the materials included in this assignment above.
NOW, consider this:
The 2024 electoral votes are shown to be divided as below:
Democratic Republican
solid- 191 121
likely- 30 97
leans- 5 17
TOTALS- 226 238
Nebraska 1 2
Maine 1 1
SO, 228 238
NEEDS: 44 35
SWING STATES:
NV – 6
AR-11
WI=10
MI-15
PA-19
GA-16
= 77 electoral votes available
SEE THIS WEBSITE to help you: https://www.270towin.com/
3. PREDICT IT:
WHAT DO YOU THINK THE VOTERS IN THOSE 6 SWING STATES WILL DO?
WILL THEY VOTE FOR TRUMP OR BIDEN?
LOOK UP THOSE STATES’ VOTING HISTORY IN PRESIDENTIAL ELECTIONS FOR THE LAST 20 YEARS TO HELP YOU WITH THIS.
4. NOW, EXPLAIN WHAT WILL BE THE MAIN THING THAT AFFECTS THEIR VOTE AND WHY:
MEDIA?
CHANGING DEMOGRAPHICS IN THEIR COMMUNITIES?
ISSUES IMPORTANT TO THEM AS INDIVIDUALS OR AS A STATE? IF SO, SAY WHAT THOSE ARE.
CHARACTER OF CANDIDATES? IF SO, EXPLAIN SPECIFICALLY.
THE 2 IMPEACHMENTS OF TRUMP? IF NOT, THEN SAY WHY.
LOVE of/devotion to AMERICAN DEMOCRATIC VALUES? BE SPECIFIC.
OR, A COMBINATION OF FACTORS THAT YOU EXPLAIN SPECIFICALLY.
WHAT NOT TO DO
DO NOT GO OFF ON A RANT ABOUT UNPROVABLE/UNSUBSTANTIATED GENERALITIES.
YOU MUST BE SPECIFIC AND STATE REASONS THAT ARE DEFINABLE AND WITHIN POLITICAL SCIENCE REASONING.
NO CONSPIRACY THEORY STUFF AT ALL IS ALLOWED.
