History Electoral college fun :)

the substance of the law itself violates due process
Examples of substantive
a. Texas v Johnston
b. Tinker v Des Moines
c. Plessy v Ferguson
the actions of the Government violated the due process
Examples of Procedural
a. Gideon v Wainwright
b. Miranda v Arizona
Police power
power given to the states by the federal government to promote the safety and well being of its citizens
Why do we have the electoral college?
a compromise of electing the president between the VA plan and NJ plan- president elected by congress- elected by the people
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Why Electors will elect the president
basically because the founding father did not trust the people to elect the right person
How does it work?
today each state gets the number of electoral votes based on the number of representatives in the House of Representatives + the number of senators (always 2) = the number of electoral votes/state
Today how many house and senate?
435: house
100: senate
how many electoral votes? and how many to win?
538- 270 to win
Popular vote in each state determines ______________
which candidate receives the EV’s
Flip for a fact to remember
48/50- the candidate that was the popular vote gets all the EV fro that state (Nebraska and Maine= district plan)
___________does not say how the states must award the EV only that they award them
The constitution
Every __ years census- could change the # of reps. in the house in a state, change the # of EV.
How do you find the number of representatives for the house of a state?
states population over total US population
Formula for electoral votes
House of reps + 2 senates= # electoral votes
The elect oral college system is plagued by three major defects
1) The winner of the popular vote is not guaranteed the presidency- 2000 bush 500,000 fewer votes fewer than Gore (this has happen 4 times)
2)Faithless electors- electors are not required to vote in accord with the popular vote
3)No candidate receives a majority of the EV- then the House of Representatives will take each state has only 1 vote- the senate-votes of the Vice President separately from the pres. Each senator 1 vote
Direct popular vote
the person with the most popular nationwide wins
– require a constitutional amendment to get of the electoral college
– Democratic rep would never allow this because it would make it easy for a third party candidate to win
Proportional plan
each candidate would get the same proportion of EV as they did of PV
District plan
-Currently used in Nebraska and Maine
-The winner of the PV in each district wins
1 EV- the overall statewide winner gets 2 EV
-Does not required a constitutional vote
National vote plan
-Still uses electoral college
-Each state would give there electoral votes to the winner of the nation wide popular vote
Under represented
12 amendment
President and VP will each be elected on SEPARATE ballots
Why wouldn’t they get rid of the electoral votes?
Wouldn’t get rid of the EV because gives third party a better change of winning and they would have to change an amendment
1800- 16 states
-Federalist- John Adams- president
-Democratic-republican- Thomas Jefferson- president, Aaron Burr-VP
Election of 1800
-Jefferson + Burr tie in the EV
-House of Reps- must select the president
-1st Ballot between Jefferson and Burr tie 8 to 8
-33 ties- 8 to 8
-Alexander hamilton urges NY state reps to vote for Jefferson not Burr on the 34 ballot
-Jefferson wins of the 34 ballot