Constitutional Amendments: Articles XI and XII

We have been covering the US Constitution line by line.  When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies.  We have finished the main body of the Constitution.  Now we continue with the Amendments.  You can find the last article on the main body of the Constitution here. It has links to all the others.  The text comes from The US Constitution.  Previous articles in the Amendment series:

Article I

Articles II and III

Article IV

Article V

Article VI

Article VII

Article VIII

Articles IX and X

 

[Article XI]

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

The Eleventh Amendment clarifies Article III, Section 2 of the Constitution.  It provides that states do not have sovereign immunity against lawsuits from citizens of other states.  Federal courts this have the power to hear both cases in law and cases in equity against states brought by private citizens.  To the best on my knowledge, this is not controversial.

[Article XII]

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 an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;–The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;–The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President.  But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice.  And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.   –The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice.  But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

The Twelfth Amendment replaces Article II, Section I, Clause III of the Constitution, changing the way Presidents and Vice Presidents are chosen.  Before, the runner up in the presidential  became the VP.  The Twelfth changes that so the electors now cast separate ballots for President and Vice President, clearing the way for candidates to run on a ticket.  Unlike today, it was still possible for electors to choose a President and Vice President from different parties.  This is interesting from a historical perspective, but not controversial, because it has been changed.

I shall try to put up a new article in this series almost every day.  It will take some time to cover it all, but when we’re done, we shall be immune to the lies with which Republicans seek to undermine our freedoms.