History Electoral college fun :)
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Substantive
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the substance of the law itself violates due process
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Examples of substantive
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a. Texas v Johnston b. Tinker v Des Moines c. Plessy v Ferguson
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Procedural
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the actions of the Government violated the due process
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Examples of Procedural
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a. Gideon v Wainwright b. Miranda v Arizona
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Police power
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power given to the states by the federal government to promote the safety and well being of its citizens
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Why do we have the electoral college?
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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
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basically because the founding father did not trust the people to elect the right person
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How does it work?
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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
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Today how many house and senate?
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435: house 100: senate
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how many electoral votes? and how many to win?
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538- 270 to win
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Popular vote in each state determines ______________
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which candidate receives the EV's
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Flip for a fact to remember
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48/50- the candidate that was the popular vote gets all the EV fro that state (Nebraska and Maine= district plan)
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___________does not say how the states must award the EV only that they award them
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The constitution
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Every __ years census- could change the # of reps. in the house in a state, change the # of EV.
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1o
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How do you find the number of representatives for the house of a state?
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states population over total US population
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Formula for electoral votes
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House of reps + 2 senates= # electoral votes
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The elect oral college system is plagued by three major defects
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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
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Direct popular vote
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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
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Proportional plan
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each candidate would get the same proportion of EV as they did of PV
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District plan
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-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
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National vote plan
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-Still uses electoral college -Each state would give there electoral votes to the winner of the nation wide popular vote
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Under represented
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?
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12 amendment
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President and VP will each be elected on SEPARATE ballots
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Why wouldn't they get rid of the electoral votes?
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Wouldn't get rid of the EV because gives third party a better change of winning and they would have to change an amendment
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1800- 16 states
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-Federalist- John Adams- president -Democratic-republican- Thomas Jefferson- president, Aaron Burr-VP
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Election of 1800
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-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
