Understanding the President's Authority to Nominate a Vice President

The United States Constitution, specifically Article II, Section 1, clearly outlines the process by which a Vice President is chosen. Contrary to the perception that Congress has the final say in selecting a Vice President, the constitutional text actually grants the President the power to appoint a new Vice President, which then requires confirmation by both the House of Representatives and the Senate.

President's Nominating Power

When a vacancy occurs in the office of the Vice President, the President has the unique authority to nominate a new vice president. This nomination must be confirmed by a majority vote in both the House of Representatives and the Senate. Unlike other Constitutional Officers, where the Senate alone determines confirmation, the vice presidential appointment necessitates the approval of both chambers of Congress.

Historical Context and Examples

One notable historical example of this process is Gerald R. Ford. Following Richard Nixon's resignation, Ford was nominated by President Nixon to fill the vacant Vice Presidency and was subsequently confirmed by Congress. This action underscored the President's constitutional authority to appoint a Vice President, which then requires congressional confirmation.

Electoral Procedures and the Constitution

Before the ratification of the Twelfth Amendment in 1804, the electors would cast two votes for president, and the runner-up in the voting became the Vice President. This process often led to awkward political relationships, like the infamous Burr and Jefferson situation where they were not on good terms.

Given the Twelfth Amendment, electors now cast their votes for both President and Vice President on a joint ticket, with the major caveat being that if no candidate receives a majority of electoral votes, the House of Representatives will select the President among the top three candidates, while the Senate will choose the Vice President from the top two.

The Role of Congress in Vice Presidential Elections

In the event of no electoral majority for President, the House of Representatives convenes to choose from the top three candidates, with each state delegation having one vote. As for the Vice President, the Senate immediately convenes to vote on the top two candidates as a single bloc, ensuring a swift selection process without the need for a contingent election.

Contingent Elections and Their Rarity

Historically, an instance where a contingent election occurred was in 1837 when faithless electors refused to vote for Richard Mentor Johnson, who was President Martin Van Buren's Vice Presidential candidate. Johnson eventually won the contingent election, avoiding any prolonged uncertainty.

Summary and Conclusion

In summary, the United States Constitution clearly delineates the President's power to nominate a Vice President, with the nomination needing to be confirmed by Congress. The process of electing a Vice President has evolved with the ratification of the Twelfth Amendment, providing a streamlined mechanism for confirming the President's candidate. This constitutional framework ensures a balance of power and a quicker transition in the event of a vacancy in the Vice Presidency.

Understanding these constitutional provisions and electoral procedures is crucial for comprehending how the Vice Presidency is chosen and how the roles and powers within the executive branch are structured. Whether through direct election or contingent election, the process aligns with the principles laid out in the Constitution, serving the interests of the American people and the integrity of the nation's leadership.