Questions tagged [twelfth-amendment]

2 questions
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The 12th Amendment: what if the presidential and vice-presidential candidates are from the same state?

The first clause of the first sentence of Amendment 12 of the U.S. Constitution is a puzzling construction. 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…
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If Congress were to nullify electoral college votes under Section 3 of the 14th Amendment, who would become president on Jan 20?

Evan A. Davis and David M. Schulte, both law clerks for Justice Potter Stewart at the Supreme Court of the United States, wrote an op-ed urging Congress to nullify electoral college votes for Trump under the insurrection clause. While unlikely to…