Elections as Duels
Files
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.
6-28-2022
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
Recommended Citation
Douglas, Joshua A., "Elections as Duels" (2020). Law Faculty Books and Chapters. 35.
https://uknowledge.uky.edu/lawfac_book/35
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.