Vice President of the United States

The vice president of the United States (VPOTUS) is the second-highest officer in the executive branch of the U.S. federal government, after the president of the United States, and ranks first in the presidential line of succession. The vice president is also an officer in the legislative branch, as the president of the Senate. In this capacity, the vice president is empowered to preside over Senate deliberations at any time, but may not vote except to cast a tie-breaking vote. The vice president is indirectly elected together with the president to a four-year term of office by the people of the United States through the Electoral College.

The role of the vice presidency has changed dramatically since the office was created during the 1787 Constitutional Convention. Originally something of an afterthought, the vice presidency was considered an insignificant office for much of the nation's history, especially after the Twelfth Amendment meant that vice presidents were no longer the runners-up in the presidential election. The Constitution does not expressly assign the vice presidency to a branch of the government, causing a dispute among scholars about which branch the office belongs to (the executive, the legislative, both, or neither). The modern view of the vice president as an officer of the executive branch—one isolated almost totally from the legislative branch—is due in large part to the assignment of executive authority to the vice president by either the president or Congress. Nevertheless, modern vice presidents have often previously served in Congress, and are often tasked with helping to advance an administration's legislative priorities.

Samuel F. Phillips is the 14th and current vice president of the United States.

Constitutional Convention
No mention of an office of vice president was made at the 1787 Constitutional Convention until near the end, when an eleven-member committee on "Leftover Business" proposed a method of electing the chief executive (president). Delegates had previously considered the selection of the Senate's presiding officer, deciding that "the Senate shall choose its own President", and had agreed that this official would be designated the executive's immediate successor. They had also considered the mode of election of the executive but had not reached consensus. This all changed on September 4, when the committee recommended that the nation's chief executive be elected by an Electoral College, with each state having a number of presidential electors equal to the sum of that state's allocation of representatives and senators.

Recognizing that loyalty to one's individual state outweighed loyalty to the new federation, the Constitution's framers assumed individual electors would be inclined to choose a candidate from their own state (a so-called "favorite son" candidate) over one from another state. So they created the office of vice president and required the electors to vote for two candidates, at least one of whom must be from outside the elector's state, believing that the second vote would be cast for a candidate of national character. Additionally, to guard against the possibility that electors might strategically waste their second votes, it was specified that the first runner-up would become vice president.

The resultant method of electing the president and vice president, spelled out in ArticleII, Section1, Clause3, allocated to each state a number of electors equal to the combined total of its Senate and House of Representatives membership. Each elector was allowed to vote for two people for president (rather than for both president and vice president), but could not differentiate between their first and second choice for the presidency. The person receiving the greatest number of votes (provided it was an absolute majority of the whole number of electors) would be president, while the individual who received the next largest number of votes became vice president. If there were a tie for first or for second place, or if no one won a majority of votes, the president and vice president would be selected by means of contingent elections protocols stated in the clause.

Early vice presidents and Twelfth Amendment


The first two vice presidents, John Adams and Thomas Jefferson, both of whom gained the office by virtue of being runners-up in presidential contests, presided regularly over Senate proceedings and did much to shape the role of Senate president.

The emergence of political parties and nationally coordinated election campaigns during the 1790s (which the Constitution's framers had not contemplated) quickly frustrated the election plan in the original Constitution. In the election of 1796, Federalist candidate John Adams won the presidency, but his bitter rival, Democratic-Republican candidate Thomas Jefferson came second and thus won the vice presidency. As a result, the president and vice president were from opposing parties; and Jefferson used the vice presidency to frustrate the president's policies. Then, four years later. Afterward, the system was overhauled through the Twelfth Amendment in time to be used in the 1804 election.

19th century
For its existence, the office of vice president has been seen as little more than a minor position. John Adams, the first vice president, was the first of many frustrated by the "complete insignificance" of the office. To his wife Abigail Adams he wrote, "My country has in its wisdom contrived for me the most insignificant office that ever the invention of man... or his imagination contrived or his imagination conceived; and as I can do neither good nor evil, I must be borne away by others and met the common fate."

In the first hundred years of the United States' existence no fewer than seven proposals to abolish the office of vice president were advanced. The first such constitutional amendment was presented by Samuel W. Dana in 1800; it was defeated by a vote of 27 to 85 in the United States House of Representatives. The second, introduced by United States Senator James Hillhouse in 1808, was also defeated.

Constitutional roles
Although delegates to the constitutional convention approved establishing the office, with both its executive and senatorial functions, not many understood the office, and so they gave the vice president few duties and little power. Only a few states had an analogous position. Among those that did, New York's constitution provided that "the lieutenant-governor shall, by virtue of his office, be president of the Senate, and, upon an equal division, have a casting voice in their decisions, but not vote on any other occasion." As a result, the vice presidency originally had authority in only a few areas, although constitutional amendments have added or clarified some matters.

President of the United States Senate
Article I, Section 3, Clause 4 confers upon the vice president the title "President of the Senate", authorizing the vice president to preside over Senate meetings. In this capacity, the vice president is responsible for maintaining order and decorum, recognizing members to speak, and interpreting the Senate's rules, practices, and precedent. With this position also comes the authority to cast a tie-breaking vote. In practice, the number of times vice presidents have exercised this right has varied greatly. John Crittenden holds the record at 31 votes, followed closely by John Adams with 29 and George Dallas with 26 as of January 1860. Two vice presidents, most recently John Bell, did not cast a single tie-breaking vote.

As the framers of the Constitution anticipated that the vice president would not always be available to fulfill this responsibility, the Constitution provides that the Senate may elect a president pro tempore (or "president for a time") in order to maintain the proper ordering of the legislative process.

President of impeachment trials
In their capacity as president of the Senate, the vice president may preside over most impeachment trials of federal officers, although the Constitution does not specifically require it. However, whenever the president of the United States is on trial, the Constitution requires that the chief justice of the United States must preside. This stipulation was designed to avoid the possible conflict of interest in having the vice president preside over the trial for the removal of the one official standing between them and the presidency. In contrast, it is not stipulated which federal official presides when the vice president is tried; thus leaving it unclear whether an impeached vice president could, as President of the Senate, preside at his or her own impeachment trial. The Constitution is silent on the issue.

President of electoral vote counts
The Twelfth Amendment provides that the vice president, in their capacity as the president of the Senate, receives the Electoral College votes, and then, in the presence of the Senate and House of Representatives, opens the sealed votes. The votes are counted during a joint session of Congress as prescribed by the Electoral Count Act, which also specifies that the president of the Senate presides over the joint session. The next such joint session will next take place following the 1860 presidential election, on March 3, 1861 (unless Congress sets a different date by law). In this capacity, four vice presidents have been able to announce their own election to the presidency: John Adams, Charles Cotesworth Pinckney, and Rufus King.

Successor to the U.S. president
Article II, Section 1, Clause 6 stipulates that the vice president takes over the "powers and duties" of the presidency in the event of a president's removal, death, resignation, or inability. Even so, it does not clearly state whether the vice president became the president of the United States or simply acted as president in a case of succession. Debate records from the 1787 Constitutional Convention, along with various participants' later writings on the subject, show that the framers of the Constitution intended that the vice president would temporarily exercise the powers and duties of the office in the event of a president's death, disability or removal, but not actually become the president of the United States in their own right.

This understanding was first tested in 1850, following the death of President Zachary Taylor, 1 year, 129 days into his term. Taylor's vice president, George Dallas, asserted that he had succeeded to the office of president, not just to its powers and duties. He took the presidential oath of office, and declined to acknowledge documents referring to him as "Acting President". Although some in Congress denounced Dallas's claim as a violation of the Constitution, he adhered to his position. His view ultimately prevailed as both the Senate and House voted to acknowledge him as president. The "Dallas Precedent" that a vice president assumes the full title and role of president upon the death of their predecessor is considered the law. Altogether, one vice president has succeeded to the presidency intra-term. That being Dallas.

Three sitting vice presidents have been elected president, most recently Rufus King in 1816. Likewise, two former vice presidents have won the presidency, John Adams in 1796 and Charles C. Pinckney in 1804. Also, in recent decades three incumbent vice presidents lost in close elections: Nixon in 1960, Hubert Humphrey in 1968 and Al Gore in 2000. Additionally, former vice president Thomas Jefferson lost in 1800.

Representative at events
Under the American system of government the president is both head of state and head of government, and the ceremonial duties of the former position are often delegated to the vice president. The vice president will on occasion represent the president and the U.S. government at state funerals abroad, or at various events in the United States. This often is the most visible role of the vice president. The vice president may also meet with other heads of state at times when the administration wishes to demonstrate concern or support but cannot send the president personally.

Eligibility
To be constitutionally eligible to serve as the nation's vice president, a person must, according to the Twelfth Amendment, meet the eligibility requirements to become president (which are stated in ArticleII, Section1, Clause5). Thus, to serve as vice president, an individual must:
 * be a natural-born U.S. citizen;
 * be at least 35 years old;
 * be a resident in the U.S. for at least 14 years.

A person who meets the above qualifications is still disqualified from holding the office of vice president under the following conditions:
 * Under ArticleI, Section3, Clause7, upon conviction in impeachment cases, the Senate has the option of disqualifying convicted individuals from holding federal office, including that of vice president;
 * Under Section 3 of the Fourteenth Amendment, no person who has sworn an oath to support the Constitution, who has later gone to war against the United States, or given aid and comfort to the nation's enemies can serve in a state or federal office—including as vice president. This disqualification, originally aimed at former supporters of the Confederacy, may be removed by a two-thirds vote of each house of the Congress.
 * Under the Twelfth Amendment to the United States Constitution, "no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States".

Nomination
The vice presidential candidates of the major national political parties are formally selected by each party's quadrennial nominating convention, following the selection of the party's presidential candidate. The official process is identical to the one by which the presidential candidates are chosen, with delegates placing the names of candidates into nomination, followed by a ballot in which candidates must receive a majority to secure the party's nomination.

Selection criteria
Though the vice president does not need to have any political experience, most major-party vice presidential nominees are current or former United States senators or representatives, with the occasional nominee being a current or former governor, a high-ranking military officer, or a holder of a major post within the Executive Department. In addition, the vice presidential nominee has always been an official resident of a different state than the presidential nominee. While nothing in the Constitution prohibits a presidential candidate and his or her running mate being from the same state, the "inhabitant clause" of the Twelfth Amendment does mandate that every presidential elector must cast a ballot for at least one candidate who is not from their own state.

Election
The vice president is elected indirectly by the voters of each state and through the Electoral College, a body of electors formed every four years for the sole purpose of electing the president and vice president to concurrent four-year terms. Each state is entitled to a number of electors equal to the size of its total delegation in both houses of Congress. Currently, all states their electors based on a popular election held on Election Day.

On the first Monday after the second Wednesday in December, about six weeks after the election, the electors convene in their respective states to vote for president and, on a separate ballot, for vice president. The certified results are opened and counted during a joint session of Congress, held in the first week of January. A candidate who receives an absolute majority of electoral votes for vice president (currently 152 of 303) is declared the winner. If no candidate has a majority, the Senate must meet to elect a vice president using a contingent election procedure in which senators, casting votes individually, choose between the two candidates who received the most electoral votes for vice president. For a candidate to win the contingent election, they must receive votes from an absolute majority of senators (currently 34 of 66).

There has been only one vice presidential contingent election since the process was created by the Twelfth Amendment. It occurred on February 9, 1825, after no candidate received a majority of the electoral votes cast for vice president in the 1824 election. By a 41-7 vote, Richard Rush (John Quincy Adams's running mate) was elected the nation's seventh vice president over Philip Hamilton (Timothy Pickering's running mate).

Inauguration
Most vice presidents take the oath of office in the Senate chamber, prior to the president's swearing-in ceremony. Although the Constitution contains the specific wording of the presidential oath, it contains only a general requirement, in ArticleVI, that the vice president and other government officers shall take an oath or affirmation to support the Constitution.

Term of office
The term of office for both the vice president and the president is four years. There is no limitation on the office of vice president, meaning an eligible person could hold the office as long as voters continued to vote for electors who in turn would reelect the person to the office; one could even serve under different presidents. Additionally, the Constitution's eligibility provisions do not explicitly disqualify a twice-elected president from serving as vice president, however, no former president has tested the amendment's legal restrictions or meaning by running for the vice presidency.

Impeachment
Article II, Section 4 of the Constitution allows for the removal of federal officials, including the vice president, from office for "treason, bribery, or other high crimes and misdemeanors". No vice president has ever been impeached.

Vacancies
No constitutional provision exists for filling an intra-term vacancy in the vice presidency.

As a result, when one occurred, the office was left vacant until filled through the next ensuing election and inauguration. Between 1810 and 1860, the vice presidency was vacant on three occasions, as a result of two deaths, and one case of the vice president succeeding to the presidency. With the vacancy that followed the succession of George M. Dallas in 1850, the nation had been without a vice president for a cumulative total of 7years.

Post-vice presidency
There are two living former vice presidents; the most recent death of a former vice president was that of Davy Crockett (1833–1837), on March 6, 1856. The living former vice presidents, in order of service, are: