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Constitutional Amendments that affect the Presidency. 12 th Amendment. Twelfth amendment requires the electoral college conduct two separate votes. The first is for President. The Second is for Vice President. 12 th Amendment.
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12th Amendment • Twelfth amendment requires the electoral college conduct two separate votes. • The first is for President. • The Second is for Vice President
12th Amendment • The two separate votes replace language in Article II that had the electors cast two votes for President. • Only one of those two votes could be for someone of the same state as the elector. The person that was the 2nd highest vote recipient was the Vice President.
12th Amendment • The election of 1796 resulted in John Adams elected as President • Jefferson (Adam’s opponent) was elected Vice President.
22nd Amendment • The 22nd amendment requires that no person may serve as president for two full terms or a maximum of ten years. • This means that someone could be Vice President , then succeed to the Presidency for two years or less , then serve two full terms on their own.
22nd Amendment • The four terms that President F. Roosevelt was elected to, was the reason for the 22nd Amendment.
1. The Senate has just voted to convict Pres. Smith of the impeachment charge of "high crimes and misdemeanors" leaving the Office of the President vacant. • The Vice President will take the oath of office and fill the remainder of the term of office
1st President to die in office • William Henry Harrison became the first President to die in office. • Harrison died one month to the day after inauguration. • Shortest Presidency in history.
John Tyler • Vice President Tyler had no guidance from the Constitution. • Tyler waited six weeks then decided to take oath of office
2. Vice President Williams resigns for personal reasons leaving the office vacant. • The President nominates a new Vice President. • Congress confirms the nomination by majority vote of each house.
Nixon 1st President to nominate a new VP. Under the 25th amend. • Nixon’s VP – Spiro Agnew resigned. • Nixon nominated & Congress confirmed House minority leader Gerald Ford. • Ford becomes President when Nixon resigns.
3. President Jones and Vice President Smith are killed when Air Force One crashes in a violent thunder storm. • Congress is given authority to create an order of succession. • This would be for situations of the President & VP leaving office at the same time.
The succession act • Congress has created an order of succession past the VP. • Speaker of the House • President Pro Tempore • Cabinet members by order the department was created • Governors of the 50 states by order of admission
3. President Custer faces open heart surgery which will leave him incapacitate for a period of five days. Who must be notified and who will take over as acting president and for how long. • The President (in writing) notifies the leaders of Congress • Speaker of the House & President Pro Tempore of the Senate • President indicates that he will be disabled. • Power of the President passes to the Vice President. • The President regains his power when he tells the leaders of Congress that he is ok
Regan’s example • President Regan under went a colon operation. • During the operation power passed under the 25th to VP Bush.
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4. President Hampton suffers from the symptoms of Alzheimer's disease. It is apparent to the cabinet that the President can no longer function as president. What is method that is used to transfer power to the Vice President as acting President. • The Vice President & the cabinet vote that the President is disabled. • The vote is communicated to the leaders of Congress (Speaker & pres. pro temp.) • Power passes to the VP.
5. In situation #4 how long will Vice Pres. assume the role of acting President, and how could the power be transferred back to the President. • The VP will be acting President until • The President communicates in writing to leaders of Congress that he is fit for duty. • This situation has not occurred.
6. President Hampton declared that he is able to carry out the duties of President even though the VP & cabinet have informed the Speaker of the House & Pres. Pro Temp of the Senate that he is incapable of carrying out the duties of President. • The situation is resolved by Congress. • Both the House and Senate would have to agree by 2/3rds of each house that the President is disabled and power should pass. • This situation has not occurred. • Possibility exists to remove an unpopular President without impeachment.