Legal Question in Constitutional Law in New York
How does the US Constitution address choosing the President and the Vice President? I would like them to be elected from separate parties, with 2 candidates running against each other (as now, but without running mates) and the winner becomes President and the runner-up becomes Vice President. There would not be running mates for Vice President hooked to the candidates for President. Is this constitutional and how would that change be implemented? I believe it would go a long way in creating a balance in the Executive Department and a means for bi-partisanship.
1 Answer from Attorneys
The Electoral College is the place where a President and Vice-President are elected to office. If that system is tied, 269 to each Presidential Candidate, then the House of Representatives is convened to elect the President and the Senate elects the Vice-President. This system was put in place with the passage of the 12th Amendment to Constitution of the United States.