Elections as Duels

Title

Elections as Duels

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Description

In the song "The Election of 1800," James Madison exclaims, "It's crazy that the guy who comes in second becomes Vice President." Jefferson - who had just won the presidency but faced the reality that his de facto running mate-turned-rival, Aaron Burr, was becoming the vice president, responds, "Yeah, you know what? We can change that. You know why? ... 'cuz I'm the President."

The Constitution, however, does not give the president the power to change the constitutional structure for electing the president and vice president. As Jefferson knew, only a constitutional amendment can do that. Yet Jefferson's vision of the presidency contributed to the ratification of the Twelfth Amendment, which altered how we select the president and vice president.

Publication Date

2020

Book Title

Hamilton and the Law

Book Author/Editor

Lisa A. Tucker

Publisher

Cornell University Press

City

Ithaca

ISBN

9781501753381

Keywords

Twelfth Amendment, election, constitution

Disciplines

Constitutional Law | Election Law | Law

Notes

Douglas, Joshua A. "Elections as Duels." In Hamilton and the Law: Reading Today's Most Contentious Legal Issues through the Hit Musical, edited by Lisa A. Tucker, 177-184. Ithaca, NY: Cornell University Press, 2020.

Elections as Duels

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