Federalism

Federalism

How did the Founders envision federalism? Why is it a crucial part of our Constitutional government? Is it still functioning today in the way it was intended? This unit covers basic questions about the need and demand for federalism, as well as more in-depth discussions of both historical and modern clashes between states and the federal government.

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17 of 25: 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 electi ... 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:
https://law.unl.edu/richard-f-duncan/

Follow Richard Duncan on Twitter @FedSocLawProf
https://law.unl.edu/richard-f-duncan/

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Related Links & Differing Views:

William & Mary Law Review: “The Transformative Twelfth Amendment”
https://law.unl.edu/richard-f-duncan/

Texas Law Review: “The Second American Revolution in the Separation of Powers”
https://law.unl.edu/richard-f-duncan/

Marquette Law Review: “Rethinking Article II, Section 1 and Its Twelfth Amendment Restatement”
https://law.unl.edu/richard-f-duncan/

United States House of Representatives: “Electoral College & Indecisive Elections”
https://law.unl.edu/richard-f-duncan/

Other Videos in this Series

1

Who Decides? That is the Question... [No. 86]

2

Can Federal Courts Dictate State Law? [No. 86]

3

51 Imperfect Solutions [No. 86]

4

Was Federalism Designed to Protect Slavery? [No. 86]

5

Federalism: We All Have Roles to Play [No. 86]

6

Laboratories of Experimentation [No. 86]

7

Enumerated Powers, the Necessary and Proper Clause, and Prigg v. Pennsylvania [No. 86]

8

New Federalism: Not Your Father’s Federalism [No. 86]

9

Key Cases on the Commerce Clause [No. 86]

10

What Power Does Congress Have to Regulate Commerce? [No. 86]

11

McCulloch v. Maryland: The Debate About Enumerated Federal Powers [No. 86]

12

Is NFIB v. Sebelius a Commerce Clause Case? [No. 86]

13

Federalism as Another Separation of Powers [No. 86]

14

The Demand for Federalism [No. 86]

15

Does the Federal Government Use of Financial Power Over States Amount to Coercion? [No. 86]

16

What is the Purpose of Article IV? [No. 86]

17

Electoral Chaos & the Twelfth Amendment [No. 86]

18

How Does the Difficulty of Legislating Protect Federalism? [No. 86]

19

What Can the Federal Government Do Better than the States? [No. 86]

20

How Does Federalism Result in More Competent and Competitive Governance? [No. 86]

21

Does the Commerce Clause Apply Only to Commerce? [No. 86]

22

How Does the Constitution Adapt to New Concepts of Liberty? [No. 86]

23

The Incorporated Bill of Rights and Federalism [No. 86]

24

Does the Stafford Act Apply During Pandemics? [No. 86]

25

Cooperative Federalism and the Growth of the Administrative State [No. 86]

About this Module

Total run time:

1h 23m

Course:

Total videos:

25

Difficulty:

First Year