Last Post...On This Blog At Least

All in all, the most important or at least important thing I have realized over this school year in-particular is probably taking advantage of all the opportunities that are available even if they are not what I looking for initially. As much as we try to think and plan things out in advance, we ultimately can never guarantee that our will or desire is going to go exactly as planned. The thing that has really changed in the last 7 months especially is learning to not just consider similar opportunities that are available, but to totally rethink everything from the beginning, and disregard how people will react as long as I reach the goal and do so in the proper manner.

I often found myself considering which opportunities I will take based on how everybody else is going to react to it. In many ways people often assume I will do certain things, or think that they know which opportunities I will take. Recently, I noticed this while planning our Africa trip. Initially nobody thought going to Africa was anything worth while. We were doubted by almost everybody, and put down for our efforts and attempts to make the trip possible. Others were angered that we did not do as they said and give up. However, because of this it only wanted us to go even more. We knew what we were doing, and recognized it as something positive despite the negative feedback. Every time we were criticized, both Aihelya and I, as well as some others would evaluate the issue by analyzing each of the individual actions that were taken. We were continually criticized only for the reason that we did not do as others said and give up because they did not see it of anything worthwhile for us to do now. Even my own dad thought I was wasting my time and money. Still we continued on, and finally accomplished our goal. Suddenly, now everybody is supportive that they can see the good for themselves.

Next is college. Things changed dramatically. I received my grants, made the grades, got the scores, and for whatever underlying reason was turned down from CalPoly despite the over qualifications. My first thought was that it was possibly the worst thing that has ever happened. I realized I had to start over and not limit myself only to the options that everybody else would approve of immediately. Ultimately I came to the conclusion that I would take online classes, and ultimately become a Navy Officer and head up engineering. My dad said I was stupid for “wasting an education”. Nobody seemed to realize until later, that this would allow me to do the traveling I have always wanted to do. The issue seemed to be that what I chose to do is so grand, and so far from meteocre, that nobody is even able to see the end, and therefore see it useless, stupid, or bad. Though I never really or genuinely considered the option to do college online, it is a very legitimate option as is for the Navy. What I recently learned how to do is to make sure that I achieve my goal, even if it is not how I initially planned so long as I accomplish the same or better. My goal is to become and work as an engineer, and travel the world. Through college, I will become an engineer, through the Navy I will both work as an engineer and travel, as well as gain the money to do more traveling and support myself and a family.

Through all of this, I have really started to prepare for anything else I might face in the future as I can never really plan the exact details of my life. I can set goals, and possible paths to reach those goals, but I should not limit myself only to those paths which are common, or favored by others. The only thing I can do is try to reach those goals on any path that is not tainted with evil. Sometimes we will get nice, clean, and straight paths; other times we must detour and use multiple paths, or follow a path even though it may look different from all the others.

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12th Amendment

Importance & Justification

This amendment was added to the Constitution ultimately to better control who becomes President, and to protect from the electoral college completely manipulating the votes, as well as from giving one state more power than any of the others. If there is one person or incident that is most responsible for the formation and inclusion of this amendment it has to be John Adams a Federalist, and Thomas Jefferson a Democratic-Republican; both of whom were in the White House and the same time.

Though neither of the two actually pushed for anything such as the 12th Amendment, the result of their respective elections as President and Vice-President in 1796 created scrutiny over the method in which a President and Vice-President were elected. The primary goal of this amendment was that it prevent conflict in the White House as it would force the President and Vice-President to be of the same party.

Now, instead of choosing the President and Vice-President only by the two candidates with the most votes, there would be the introduction of Tickets and ballots which distinctly named an electors choice of President and Vice President. More specifically, before the 12th Amendment, electors would cast their votes, giving one vote to the Vice-President, and two to the President of their choice. This mean that there was technically only one position which one could run for as to be President someone just had to get the most votes, but to be Vice-President they would need the most votes over everybody but one person. After the 12th Amendment was passed, one could officially run for Vice-President, and would have to be on a ticket with a President. “With the 12th, Electors are directed to vote for a President and for a Vice President rather than for two choices for President.” (Mount)

Because of this a candidate is able to win the election with only 40% of all the votes as long as there are at least two other candidates, either of which hold no more than 39% of the rest of the votes. What happens is that the two big candidates go out, both run a strong campaign, and end up getting a lot of attention and drawing with each other, while the other guy ends up getting the rest of the votes from anybody who did not vote for the two major candidates, but enough votes that he has more than either of the two others. This also can happen if a party decides to spilt in the middle of a campaign and each run as their own party.

Furthermore, the 12th Amendment eliminated any reason a Vice-President may seek the death of a President as a way to instantly become the President. No longer did the Vice-President assume the Presidential position without they say of others. The 12th Amendment requires that if the President is to die, the Vice-President is to fill in for the President, but not become the President, as well as to be put on an electoral ticket.
In general this amendment really created the position of a Vice-President who has duties and is more than just someone to fill in for the President.

Recent Cases

In 2000, during the Bush-Gore election, 3 Texas residents, Stepehen E Jones, Linda D Lydia, and Caroline Franco, all held the position of Plaintiffs against the Governor of Texas, George W Bush, in order to change the outcome of the November 2000 election. They realized that both Bush, and his running mate Cheney were from Texas and on the same ticket, and that this was unconstitutional, as well as a way to keep President-Elect Bush from Office. "I don't think that these Founding Fathers ... had in mind last-minute shenanigans where someone could start discarding baggage just at the last minute." said Plaintiff lawyer, William Berenson. (Bravin)

The case itself was over having Cheney on the ticket with Bush; as Bush was without a doubt a Texas resident, and Cheney was though not a Resident, still living in Texas even at the time during the early parts of the campaign. What is problematic about this is that Amendment 12 prohibits both the President and Vice-President from coming from the same State.

It seemed that Cheney himself had realized this, as he shortly after the beginning of the campaign as he sold his house in Texas, and changed his drivers license to Wyoming, which is also where he owned a house. Along with owning this house, Wymong was the state where Cheny was born, married, and the state which he as a Member of Congress, represented for six terms. Infact he had moved to Texas only to become the Chief Executive Officer, of Halliburton. On July 21, 2000, Cheney declared that he would be returning to Wyoming. (Orin)

Ultimately, the appeal was taken to the US Court of Appeals for the Fifth Circuit. Where the immediate and one lined decision was that All requested relief is DENIED.

Works Cited

Bravin, Jess. “Obscure Texas case offers peek into Miers' mind”. Mail Archive. 9 Oct. 2005. 5 Dec. 2008. <http://www.mail-archive.com>>

Mount, Steve. “Notes on The Amendments”. USConstitution.net. 11 Oct. 2008. 4 Dec. 2008.

Orin, Kerr. “A Closer Look at Jones v. Bush”. The Volokh Conspiracy.8 Oct. 2005. 5 Dec. 2008.

Original Context

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 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 electors will meet in the state the state they belong to, and use a ballot to vote for the President and Vice-President, the President and Vice-President cannot be from the same state; their ballots are to include the name of the President and Vice-President of their choice, each ballot will include a list of all of all the Presidential and Vice-Presidential candidates as well as the number of votes each candidate received, the electors will then sign and certify these lists, and transmit the lists sealed to the United States government, 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 President of the Senate will, in the presence of both the Senate and the House of representatives, and then open all the lists to count the votes.

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 with the greatest number of votes for President, will be the President, this is a majority rule of the number of votes cast by all the Electors; and if nobody has a majority, then of the 3 candidates with most votes for President, the House of Representatives will immediately choose, by ballot, the President, During the election of a President, votes will be taken from states, each states representation will have one vote; there must be at least two-thirds of all the members present in order to vote on this, they will make their choice based on the majority of all the states. And if the House of Representatives does not choose a President when they are given the right to choose, on March 3rd the next year, the Vice President will act as President, such as in the case that a President dies or violates the constitution.

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 person with the greatest number of votes for Vice-President, will be the Vice-President, this is a majority rule of the number of votes cast by all the Electors; and if nobody has a majority, then of the 3 candidates with most votes for Vice-President, the House of Representatives will immediately choose, by ballot, the Vice-President, During the election of a Vice-President, votes will be taken from states, each states representation will have one vote; there must be at least two-thirds of all the members present in order to vote on this, they will make their choice based on the majority of all the states. And if the House of Representatives does not choose a Vice-President when they are given the right to choose, on March 3rd the next year, the Vice Vice-President will act as Vice-President, such as in the case that a Vice-President dies or violates the constitution.

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Article III

Judicial Powers

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

The United States judicial power will be held in the Supreme Court, and every once in a while, in other inferior or local courts. The Judges of any court will hold their Offices as long as they are not violating the law, during this time, their pay cannot be lowered as long as they are working.


Trial by Jury, Original Jurisdiction, Jury Trials

All Cases that affect Ambassadors, public figures such as Ministers and Consuls, or any disputes where a State is represented as a Party, the supreme Court will have original Jurisdiction. In every other Case other than these previously mentioned Cases, the supreme court will have Jurisdiction after the Case shall have passed through the lower courts, none the less this will all be done according to Law and Fact, with some Exceptions, and under certain Regulations the Congress may make.

The Trial of all Crimes, except any Case of Impeachment, will be done by Jury; Trials will be held in the State where the Crime was committed; when the Crime is not committed within any State, the Trial will be at any Place or Places that Congress decides on.


Treason

Treason against the United States, is defined only as levying War against the Union, or following the order of one's Enemy, or giving the Aid and Comfort. Nobody can be convicted of Treason unless two Witnesses Testify to this Treason, or one chooses to Confess.

Congress has the power to declare the Punishment of Treason, which will only be applicable to the felon themselves, and not be passed on to a family member as a way to complete a diseased felon's punishment.

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