The 12th Amendment to the Constitution of the United States provides for the election of the president and vice president by the electoral college, and if no candidate obtains a majority, the House of Representatives chooses the President.
The only president of the United States to be elected by the House of Representatives under the 12th Amendment is John Quincy Adams.
In 1824, four major candidates vied for the presidency: Andrew Jackson, John Quincy Adams, William H. Crawford and Henry Clay. In the election, John Quincy Adams received 40,000 fewer votes than Andrew Jackson – Jackson received 153,544 votes out of a total of 356,038 cast in that election. Adams also garnered fewer electoral college votes than Jackson (Jackson had 99, Adams 84 and the other 78 votes going to other candidates). Since no candidate had a majority of electoral college votes, the presidential election went to the House of Representatives to select the president from the top three electoral college vote recipients – Jackson, Adams and Crawford. Clay was eliminated from contention, having the lowest number of votes. But in addition to being a presidential candidate, Henry Clay was the powerful Speaker of the House at the time. He threw his support to Adams – the tale told that he did so in return for his appointment as Secretary of State. Clay’s endorsement ultimately won the day: John Quincy Adams became president and Henry Clay was appointed Secretary of State, a position he held from 1825-1829.
Everyone knows there is competition, hype and controversy over nominations and awards at each year’s contest run by the Academy of Motion Picture Arts & Sciences. The competition culminates in an annual show broadcast around the globe and endearingly referred to as the “Academy Awards,” or simply the “Oscars” – referring to the golden statuette given out during the broadcast and evidencing the winners. In recent years, the hosts of the Oscar broadcasts – some controversial and others not – have changed almost as often as the tidy-whities displayed by Michael Keaton in this year’s Best Picture winner Birdman or (The Unexpected Virtue of Ignorance). But do you know the legal controversy surrounding the Oscars?
Here are the facts:
Ellen DeGeneres wanted to take a “selfie” together with some of the most famous people in Hollywood, and by “tweeting” the photo, it become the most re-tweeted Twitter post ever. The camera used for the selfie was a Samsung Galaxy Note 3. Samsung is one of the advertisers with the Academy of Motion Picture Arts and Sciences, and Samsung gave it to Ellen for promotional purposes at the event. We don’t know of any agreement between Samsung and either the Academy or Ellen DeGeneres regarding the device or any photos or messages using the Galaxy Note 3. We do know Ellen did not actually take the picture. To get everyone she wanted to fit into the picture, Ellen passed the camera to Bradley Cooper, who had longer arms. He got everyone in the frame and pressed the shutter.
Here is the photo and tweet that resulted, and which immediately went viral when posted on Twitter.
which she then ‘Tweeted’
Continue reading “…and the Oscar Selfie Goes To or (the Unexpected Virtue of Being a Fish)”
The 12th Amendment to the Constitution of the United States was ratified in 1804. It provided for the election of the president and vice president by the electoral college and not directly by popular vote. The 12th Amendment also states that if no candidate obtains a majority of the electoral college votes, the House of Representatives (one vote per state) chooses the president and the Senate chooses the vice president. Bet you didn’t know that!
Now the hard part.
Who is the only president of the United States to actually be elected by the House of Representatives under the 12th Amendment?
Last year, I was invited to participate in and present a paper at the “mHealth and the Law Workshop” in Washington, D.C. [See mHealth – The Future of Mobile Health Care].
Then last month, I was invited to participate in a panel at the Mobile FirstLook 2015 Conference in New York, and as a result of my participation, the editors of Mobile Marketer asked if they could republish (with attribution of course), the paper.
In case you missed it, you can view “Exploring legal challenges to fulfilling the potential of mHealth” online, or you can download the original from the Legal Bytes posting above.
As always, if you have questions, or need advice or guidance, just contact me, Joe Rosenbaum, or the lawyer with whom you regularly work at Rimon.