Electoral Chaos & the Twelfth Amendment [No. 86]

Under the original text of Article II, Section 1 of the United States Constitution, members of the electoral college cast two votes for president. In other words, there was not a separate vote for president and vice president. The presidential elections of 1796 and 1800 were tumultuous and divisive as a direct result of this trap for the unwary.
How did the founders fix this technical flaw in the Constitution? Prof. Richard Duncan of the Nebraska College of Law examines the electoral chaos that led to the adoption of the Twelfth Amendment.
#Constitution #electoralcollege #12thamendment #twelfthamendment #vote #elector #election #Americanhistory
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As always, the Federalist Society takes no position on particular legal or public policy issues. All expressions of opinion are those of the speaker.
Learn more about Richard Duncan:
law.unl.edu/richard-f-duncan/
Follow Richard Duncan on Twitter @FedSocLawProf
/ fedsoclawprof
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Related Links & Differing Views:
William & Mary Law Review: “The Transformative Twelfth Amendment”
scholarship.law.missouri.edu/...
Texas Law Review: “The Second American Revolution in the Separation of Powers”
scholarship.law.gwu.edu/cgi/v...
Marquette Law Review: “Rethinking Article II, Section 1 and Its Twelfth Amendment Restatement”
scholarship.law.marquette.edu...
United States House of Representatives: “Electoral College & Indecisive Elections”
history.house.gov/Institution...

[@CPTRaymusAntilles]

This video is going to be very popular soon.

[@googleaccount8652]

@G&Z Transport are you stupid? Please don’t tell me you believe the “free press” “fact checking” the claims their fact checks have no evidence to back them up half the time. It’s crazy to me people will believe the controlled press just because their “experts” said nah that’s not happening

[@nature.earth.wisdom.]

Can I invest?

[@randyparaday9019]

@G&Z Transport your confused. Biden is the racist. Friends w KKK. Stop believing fake news n do research. Trump 2020

[@dingus6317]

@G&Z Transport Trump has denounced white supremacy 38 times, Biden called Obama the first mainstream clean and articulate black man, said you “ain’t black” if you don’t vote for him, and said “poor kids are just as smart as white kids.”

[@googleaccount8652]

@G&Z Transport you’re an idiot I’m saying this video is relevant because of the fraud in this election

[@andrewbsfootballarchives4247]

Just wait in a few days/weeks, EVERYONE will know what this is. Really neat concept too!

[@peterrivas08]

How so?

[@CS-pg4go]

Crickets

[@wolfpants]

@@CS-pg4go Not just crickets, but half-witted angry crickets. My main goal for 2021 is not to be shot by an idiot.

[@x_Mr_Moose_x]

I had the privilege of taking several constitutional law classes taught by Professor Duncan. He's truly one of the most brilliant and respected scholors. I'm thrilled to see him reach a broader audience.

[@noparticularperson783]

The fact that this was only 3 days before the election 😳

[@nature.earth.wisdom.]

Yeah they left a lot of important stuff out too..

[@christianafaria1209]

Wasn't hard to predict

[@dan43213]

This will be very popular! Trump will use it too. Watch. It's coming

[@OttoGrainer27]

;)

[@monksoup669]

Why wouldn’t he?

[@OttoGrainer27]

@G&Z Transport Looks like he deleted it.

[@sadeness]

wow this comment did not age very well

[@OttoGrainer27]

@@sadeness Heheheh, not over yet, my fren.

[@tulligman]

Try and delete the 12th amendment Twitter?

[@connieg5060]

Bravo!

[@unclesam4565]

They will try..

[@chieflan5]

Well this is timely

[@nathanli3024]

I have a feeling this is going to be the way every single election for president is going to go.

[@mn-mh6uy]

@G&Z Transport It’s 2020 bro. If there were ever a year for some crazy grasping of straws, this year is it. Trump is obviously going to pull this off.

[@LGPanthers1]

@G&Z Transport The virus is a hoax

[@jazziehuell816]

@G&Z Transport 😂😂😂 they haven't been updated with his lies 😂😂😂

[@GaryBlankenship96b40]

Repubs will never win anything again oonce the communists take office. Like stalin said "its not the people who vote that count its the people who count the vote". Demoncrsts have learned this well

[@jorgecarrejo7562]

@@mn-mh6uy still believe this nonsense?

[@chosensonthankyoujesus2491]

With God all things are possible. We're on the side of the winner "Jesus Christ". Shalom!

[@TEKMOTION]

Thank you for this video. Very well done.

[@gus473]

👍🏼 Good explanation, nice animation!

[@williambilyeu9801]

That was interesting and accurate. I would like an explanation of the Electoral College electors being able to vote for candidates from different states.

[@user-zx9mo1qo8e]

Question 1: (I assume) electors can't put the same name on both ballots? Electors can't vote Jefferson on both presidential and vice presidential ballots, right? Question 2: I think there's also something in the 12th Amendment saying something like "one of the selected candidates must be someone who is not from the same state as the elector." --> Does this mean the Pres and VP candidates must be from different states? If both candidates are from the same state, does that mean the state's electors can't vote for the "Pres and VP pair"?

[@AnoopSingh-jj4hp]

so does the senator votes for their respective states.?

[@nathanli3024]

The house delegation does. Meaning the house members from a state gather up and decide.

[@jorgecarrejo7562]

Did you learn how elections work here in the US?

[@jorgecarrejo7562]

@@nathanli3024 Did you learn how elections work here in the US?

[@nathanli3024]

@@jorgecarrejo7562 Do you know how the twelfth amendments works?

[@jorgecarrejo7562]

@@nathanli3024 still holding on to hope?? or did you finally realize that you were wrong???

[@CommaderJohn]

President Trump needs to use this!

[@sadeness]

Cant

[@jorgecarrejo7562]

Did you learn how elections work here in the US?

[@johnrogan9420]

Nichts jetzt....nichts jetzt!

[@XgiannettoX]

maybe did i get this wrong, but it said in case of a tie, if voter fraud got detected, does the 12th apply to?

[@cwehden]

I want to know this to.

[@TheMisssongwriter]

Fraud has to be detected. So far there has been no fraud. Judges are throwing out Trumps lawsuits left and right.

[@mikewazowskisas1489]

That's not true only activist conniption fit throwing leftist judges are. He just won big in Pennsylvania

[@MusicLovingFool1]

@@TheMisssongwriter see...you listened to the corrupt media and there lies your problem.

[@jakes1566]

@@mikewazowskisas1489 damn, I guess the entire supreme court must be leftist activist judges

[@dockbuckyballz]

GOOVENOR Morris? Nice

[@Clif158]

Came to the comments for this. Thank you

[@dockbuckyballz]

@@Clif158 your quite welcome. And Happy New Year my friend. 😊❤

[@angelas4681]

Trump 2020!

[@jorgecarrejo7562]

that was an expiration date..hahah he is gone!

[@wolfpants]

It's hilarious that anyone thinks this has any bearing on the current election. What part of the 12th Amendment do you think applies here? It's like you didn't watch the video but someone told you it means Trump will win.

[@thefix2573]

7 States with dual electors. Exactly what the 12th is for.

[@wolfpants]

@@thefix2573 No dual electors. Just LARPers with no legislative approval

[@jorgecarrejo7562]

@@thefix2573 Did you learn how elections work here in the US?

[@jorgecarrejo7562]

@@thefix2573 where you at?? hahahah

[@antiwarpig]

The people didn’t care who was president then they do now

[@CASocomSniper]

Until 2020

[@mrdelove5513]

There trying to mess with this video it didn't work several times

[@ProducerNAM]

TRUMP 2020

[@sloopfan3706]

hey federalist society, can you explain this to your terrible judges

[@Yoshi.KUPPOO]

Need side pit

[@aethelyfel7573]

Trump as president and Hillary as Vice President, great plan founders.

[@Utubeisazzho]

This left out more than it answered lol

[@MC-ij7yw]

What if they vote trump for president and Kamala as the Vice President?? 😲😲😲

[@jorgecarrejo7562]

aren't you glad that didn't happen??lmao

[@adamcalvaneso9624]

So why didn't they just adjust it so that every elector has 3 votes? I like the idea of the runner up in the electoral college winning the VP slot.

[@firstname7856]

Likely because by 1800 political parties were firmly established, and the runner up would always be a rival to the president. I suspect the drafters of the XIIth recognised this and that's why they created a system wherein the President and Vice President would be of similar parties/factions.

[@adamcalvaneso9624]

@@firstname7856 So did the founders assume parties wouldn't form?

[@sidmathur3196]

@@adamcalvaneso9624 They never planned that out

[@tracybarhite1764]

@@firstname7856 The republican party was not established until 1854.

[@firstname7856]

@@tracybarhite1764 Both the Democratic-Republicans (the forerunners of the modern Democratic Party) and the Federalists existed by 1800. The Federalists split after 1800 and by 1812 were in decline although they heavily influenced the Whigs who in turn helped to create the Republican Party that we know today.

[@henrytreadaway7097]

The judge is already thrown that lawsuit out Pence request he threw it out he's going to stick his finger in the American people's but mark my words

[@johnrogan9420]

1800....Jefferson and Burr...26 state representatives decided on Burr after 36 ballots!

[@shopfive1244]

ich finde das aber gar nicht gut... nein

[@taratalkstruth3090]

The power of Pence- glory to God and 12th amendment is the Trump Card! ❗

[@sadeness]

Wrong

[@jorgecarrejo7562]

Did you learn how elections work here in the US?

[@jorgecarrejo7562]

what happened to that card?? hahahahah

[@Sataka23clips]

Trump20

[@EvanEvansE3]

So could it be TRUMP for President and BIDEN for Vice President? Wow

[@aneubeck4053]

No it can’t watch the video again.

[@JTcadillac]

Trump would make his office outside in the pool house.

[@jorgecarrejo7562]

Did you learn how elections work??

[@markskeldon1347]

On the 36th ballot Thomas Jefferson broke the tie by voting for himself.

[@arthurmorgan332]

Can't wait for Trumpist meltdown on 6th lol

[@jorgecarrejo7562]

@Kathleen Mccoy hahah.. did you learn something? or are you still melting down?? lmao

[@jorgecarrejo7562]

@Kathleen Mccoy where you at kat???

[@alanblankenship386]

America is gone new republic about to happen