Happy Birthday John Adams!

John Adams was born on October, 30, 1735.  Adams enrolled in Harvard University at age 16 and went on to teach school children and study law. Adams was instrumental in laying the foundation for the American Revolution. In 1783, he brokered the peace treaty between America and Britain that ended the American Revolution. Adams served as the nation’s first Vice President and second President.

Benjamin Rush wrote of Adams in 1776: “This illustrious patriot has not his superior, scarcely his equal for abilities and virtue on the whole of the continent of America.”

Sadly, Adams many accomplishments during the Revolutionary period are clouded by his signing of the Alien and Sedition Acts of 1798.

In honor of his birthday and contributions to the United States, I thought I’d spotlight some of my favorite quotes from Adams –

(1) “The Science of Government it is my Duty to study, more than all other Studies Sciences: the Art of Legislation and Administration and Negotiation, ought to take Place, indeed to exclude in a manner all other Arts. I must study Politicks and War that my sons may have liberty to study Painting and Poetry Mathematicks and Philosophy. My sons ought to study Mathematicks and Philosophy, Geography, natural History, Naval Architecture, navigation, Commerce and Agriculture, in order to give their Children a right to study Painting, Poetry, Musick, Architecture, Statuary, Tapestry and Porcelaine.”

(2) “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.”

(3) “Thirteen governments thus founded on the natural authority of people alone, without a pretence of miracle or mystery, and which are destined to spread over the northern part of that whole quarter of the globe, are a great point gained in favor of the rights of mankind.”

(4) “But a Constitution of Government once changed from Freedom, can never be restored. Liberty once lost is lost forever.”

(5) “Posterity, you will never know how much it cost the present Generation to preserve your Freedom. I hope you will make good use of it. If you do not, I shall repent in Heaven, that I ever took half the Pains to preserve it.”

(6) “The Second Day of July 1776, will be the most memorable Epocha, in the History of America. I am apt to believe that it will be celebrated, by succeeding Generations, as the great anniversary Festival. It ought to be commemorated, as the Day of Deliverance by solemn Acts of Devotion to God Almighty. It ought to be solemnized with Pomp and Parade, with Shews, Games, Sports, Guns, Bells, Bonfires and Illuminations from one End of this Continent to the other from this Time forward forever more.

You will think me transported with Enthusiasm but I am not. — I am well aware of the Toil and Blood and Treasure, that it will cost Us to maintain this Declaration, and support and defend these States. — Yet through all the Gloom I can see the Rays of ravishing Light and Glory. I can see that the End is more than worth all the Means. And that Posterity will tryumph in that Days Transaction, even altho We should rue it, which I trust in God We shall not.”

(7) “It should be your care, therefore, and mine, to elevate the minds of our children and exalt their courage; to accelerate and animate their industry and activity; to excite in them an habitual contempt of meanness, abhorrence of injustice and inhumanity, and an ambition to excel in every capacity, faculty, and virtue. If we suffer their minds to grovel and creep in infancy, they will grovel all their lives.”

(8) “The preservation of the means of knowledge among the lowest ranks is of more importance to the public than all the property of all the rich men in the country.”

(9) “Children should be educated and instructed in the principles of freedom.”

(10) “The die was now cast; I had passed the Rubicon. Sink or swim, live or die, survive or perish with my country, was my unalterable determination.”

(11) “[L]iberty must at all hazards be supported. We have a right to it, derived from our Marker. But if we had not, our fathers have earned and bought it for us, at the expense of their estates, their pleasure, and their blood.”

(12) “There must be a positive Passion for the public good, the public Interest, Honour, Power and Glory, established in the Minds of the People, or there can be no Republican Government, nor any real Liberty: and this public Passion must be Superiour to all private Passions. Men must be ready, they must pride themselves, and be happy to sacrifice their private Pleasures, Passions and Interests, nay, their private Friendships and dearest Connections, when they stand in Competition with the Rights of Society.”

A Brief History of the Office of the Vice President of the United States

Tonight, Senator Tim Kaine and Governor Mike Pence, the vice presidential candidates for Hillary Clinton and Donald Trump respectively, will debate at Longwood University. This seems like a good opportunity to discuss the office of the Vice President of the United States. It is an office that is little understood and often ridiculed.

Of the office, John Adams said “But my country has in its wisdom contrived for me the most insignificant office that ever the invention of man contrived or his imagination conceived. And as I can do neither good nor evil, I must be borne away by others, and meet the common fate.”

Thomas Jefferson, who served as vice president under John Adams, wrote “The second office of the land is honorable and easy, the first is but a splendid misery.”

Adams and Jefferson are among the remarkable individuals who have served in the office of the vice president. The Senate Historical Office succinctly summarizes the individuals who have served in the office

Fourteen of the former vice presidents became president of the United States—more than half of them after a president had died. One defeated the sitting president with whom he served. One murdered a man and became a fugitive. One joined the Confederate army and led an invasion of Washington, D.C. One was the wealthiest banker of his era. Three received the Nobel Peace Prize and one composed a popular melody. One served as a corporal in the Coast Guard while vice president. One had cities in Oregon and Texas named after him. Two resigned from the office. Two were never elected by the people. One was the target of a failed assassination plot. Another was mobbed in his car while on a goodwill mission. Seven died in office—one in his room in the U.S. Capitol and two fatally stricken while on their way to preside over the Senate. And one piano-playing vice president suffered political repercussions from a photograph showing him playing that instrument while a famous movie actress posed seductively on top of it.

The Constitution and the Vice Presidency

Selecting the Vice President

Article II, Section 1 of the Constitution provides –

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List 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 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 Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing 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. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President. (Emphasis Added)

The Election of 1800 and the 12th Amendment

In the contentious election of 1800 between John Adams and Thomas Jefferson, Jefferson and his running mate Aaron Burr ended up receiving the same number of electoral votes. Per the language in Article II, Section 1 (see above), the decision of who would serve as president fell to the House of Representatives. After 35 separate ballots where neither candidate was able to secure a majority, Jefferson was finally able to prevail over Burr. Jefferson became president and Burr served as vice president.

How could this happen? How could candidates running together end up running against each other in the event of a tie? Prior to the passage of the 12th Amendment, the Constitution did not differentiate between presidential and vice presidential candidates. Each elector cast two votes without regard for political affiliation. Whomever received the most votes became president and the runner-up became vice president. Either candidate could win either office, regardless of whether they initially set out to run in one position or the other. The election of 1800 put pressure on Congress to fix this system, and so by 1804 the 12th Amendment was passed by Congress and ratified by the requisite number of states. The Amendment reads –

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 of 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 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 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 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. (Emphasis added)

Duties of the Vice President Under the Constitution

Under Article II, Section I, of the Constitution, the Vice President will act as president when the sitting president is removed from office, or if (s)he dies, resigns or is unable to discharge the powers and duties of the office.

In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.

Under Article I, Section III,

The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.

Furthermore, Article II, Section 1 provides that the President of the Senate (the Vice President) shall receive from the states the tally of electoral ballots cast for president and vice president and open the certificates “in the Presence of the Senate and House of Representatives,” so that the total votes could be counted. In 2000, this led to a famously awkward moment when then-Vice President Al Gore had to formally certify his opponent in the 2000 presidential race, George W. Bush, as president of the United States.

The decision of the Framers to have the Vice President preside over the Senate was not an uncontroversial one. Joseph Story on his Commentaries on the Constitution explained

§ 733. Some objections have been taken to the appointment of the vice president to preside in the senate. It was suggested in the state conventions, that the officer was not only unnecessary, but dangerous; that it is contrary to the usual course of parliamentary proceedings to have a presiding officer, who is not a member; and that the state, from which he comes, may thus have two votes, instead of one. It has also been coldly remarked by a learned commentator, that “the necessity of providing for the case of a vacancy in the office of president doubtless gave rise to the creation of that officer; and for want of something else for him to do, whilst there is a president in office, he seems to have been placed, with no very great propriety, in the chair of the senate.”

There were additional separation of powers concerns raised during the Constitutional Convention. George Mason of Virginia

thought the office of vice-President an encroachment on the rights of the Senate; and that it mixed too much the Legislative & Executive, which as well as the Judiciary departments, ought to be kept as separate as possible. 

So what of the vice presidency today? Nearly 1/3 of Americans can’t name our current Vice President. All the more reason to study up on the history of the office!