
The Twelfth Amendment to the United States Constitution, ratified in 1804, outlines the procedure for electing the president and vice president. It was proposed by the 8th Congress on December 9, 1803, and ratified by the requisite three-quarters of state legislatures on June 15, 1804. The amendment addresses the election of the president and vice president, requiring electors to cast distinct votes for each position and providing a process for the House of Representatives and the Senate to choose the president and vice president, respectively, in the event of a tie or if no candidate receives a majority of votes. The Twelfth Amendment also stipulates that if the House fails to choose a president before the start of the term, the vice president-elect will assume the role of president until a president is chosen.
| Characteristics | Values |
|---|---|
| Date proposed | December 9, 1803 |
| Date ratified | June 15, 1804 |
| Number of states ratifying the Twelfth Amendment | 13 of 17 |
| Number of states rejecting the Twelfth Amendment | 3 (Delaware, Connecticut, and Massachusetts) |
| Date the Amendment was declared ratified | September 25, 1804 |
| Number of states ratifying the Amendment at the time of the declaration | 14 of 17 |
| Election when the Amendment was first used | 1804 election |
| Change in the composition of the Electoral College | No |
| Change in the process of electing a president and vice president | Yes |
| Requirement for electors | To cast distinct votes for president and vice president |
| Procedure in case of a tie or no majority | The House of Representatives chooses the president, and the Senate chooses the vice president |
| Procedure in case the House fails to choose a president by March 4 | The vice president acts as president |
Explore related products
What You'll Learn
- The Twelfth Amendment changed how the president and vice president are elected
- It requires electors to cast distinct votes for president and vice president
- It outlines what to do if there is a tie or no majority vote
- It prevents deadlocks and ties that would lead to the House of Representatives deciding the president
- It stipulates that the vice president will act as president if the House doesn't choose a president by the start of the presidential term

The Twelfth Amendment changed how the president and vice president are elected
The Twelfth Amendment to the United States Constitution outlines the procedure for electing the president and vice president. It was proposed by Congress on December 9, 1803, and was ratified by the requisite three-quarters of state legislatures on June 15, 1804. The amendment changed how the president and vice president are elected by mandating that electors cast distinct votes for each position. It replaced the procedure in Article II, Section 1, Clause 3, under which the Electoral College originally functioned.
Prior to the Twelfth Amendment, the Electoral College cast two electoral votes, with no distinction between votes for president or vice president. The presidential candidate with the most votes was elected president, and the runner-up became vice president. The Twelfth Amendment sought to prevent this situation from occurring again by requiring electors to cast separate votes for each position.
The amendment also made provisions for the case of a tie or no majority vote. In such cases, the House of Representatives chooses the president from the top three electoral vote recipients, with each state having one vote. The Senate follows the same procedure for choosing the vice president if there is a tie or no majority. The Twelfth Amendment also addressed the concern of the country being leaderless during the inter-term phase by stipulating that the newly elected vice president would assume the responsibilities of the president until a proper candidate was chosen by Congress.
The Twelfth Amendment came into effect with the 1804 election and has governed all subsequent presidential elections. It was a significant restructuring of presidential elections and a revision of American politics in the early 19th century. The amendment has been effective in eliminating most ties and deadlocks, with the last "contingent election" decided in the House of Representatives taking place in 1824.
Amending the Constitution: Unused Methods
You may want to see also

It requires electors to cast distinct votes for president and vice president
The Twelfth Amendment to the United States Constitution was proposed by Congress on December 9, 1803, and ratified on June 15, 1804. It outlines the procedure for electing the president and vice president, specifically requiring electors to cast distinct votes for each position. This was a significant change from the previous system, in which electors cast two votes without specifying which candidate was their preferred choice for president or vice president.
Under the Twelfth Amendment, each elector must vote for a president and a vice president, with one of the selected candidates being from a different state than the elector. The person with the greatest number of votes for vice president becomes the vice president if they have a majority of the whole number of electors' votes. If no candidate has a majority, the Senate chooses the vice president from the two candidates with the highest number of votes.
The Twelfth Amendment also addresses the situation in which the House of Representatives fails to choose a president by March 4 (the original inauguration day). In such cases, the newly elected vice president would act as president until a president was chosen by Congress. This provision was later superseded by Section 3 of the Twentieth Amendment, which changed the date of the new presidential term to January 20 and allowed Congress to determine who would act as president if no president-elect or vice president-elect had been chosen.
The Twelfth Amendment was a response to the 1800 U.S. presidential election, in which the Federalist Party split its votes, allowing the Democratic-Republican candidate, Thomas Jefferson, to become vice president. The Amendment sought to prevent a similar situation from occurring again by requiring electors to cast distinct votes for president and vice president.
The Twelfth Amendment has been successful in eliminating most ties and deadlocks in presidential elections. It has also been credited with recognising the existence of political parties and reducing the influence of small states in the Electoral College. However, it has been criticised for not changing the composition of the Electoral College and for potentially reducing the quality of vice-presidential candidates.
Amendments: India's Mini Constitution
You may want to see also

It outlines what to do if there is a tie or no majority vote
The Twelfth Amendment to the United States Constitution outlines the procedure for electing the president and vice president. It addresses the issue of ties or a lack of majority vote in presidential elections.
Previously, the Electoral College, which was established in the Constitution in 1789, allowed electors to cast two electoral votes without differentiating between votes for president and vice president. The candidate with the most votes became president, and the runner-up became vice president. This system led to issues when political parties began to emerge in the 1790s, and the Federalist Party's split vote in 1796 resulted in their rival's candidate becoming vice president.
The Twelfth Amendment was proposed in 1803 and ratified in 1804 to address these issues. It mandates that electors cast distinct votes for president and vice president, with at least one candidate being from a different state to the elector. In the case of a tie or no majority vote for president, the House of Representatives chooses the president from the top three electoral vote recipients, with each state having one vote. If there is no majority for vice president, the Senate chooses from the top two candidates, with a quorum of two-thirds of Senators required.
Additionally, to prevent a leadership vacuum during the inter-term phase, the Twelfth Amendment stipulates that if the House has not chosen a president by the start of the presidential term (originally March 4, changed to January 20 by the Twentieth Amendment), the vice president-elect will "act as President" until a president is chosen. This provision ensures that the nation is not left leaderless during the transition period.
Since its ratification, the Twelfth Amendment has effectively eliminated most ties and deadlocks in presidential elections, with no "contingent elections" decided by the House since 1824.
Amendments: Who Ratifies the Constitution?
You may want to see also
Explore related products

It prevents deadlocks and ties that would lead to the House of Representatives deciding the president
The Twelfth Amendment to the United States Constitution was ratified in 1804 and has been in effect since the 1804 election. It outlines the procedure for electing the president and vice president, replacing the procedure in Article II, Section 1, Clause 3, under which the Electoral College originally functioned. The Twelfth Amendment was proposed by Congress on December 9, 1803, and was ratified by the requisite three-quarters of state legislatures on June 15, 1804.
The Twelfth Amendment made a series of adjustments to the Electoral College system. For the electors, it was now mandated that a distinct vote had to be taken for the president and the vice president. One of the candidates must be someone who is not from the same state as the elector. The Twelfth Amendment stipulates that each elector must cast distinct votes for president and vice president, instead of two votes for president.
The Twelfth Amendment also changed what would happen in the case of a tie or a failure of any candidate to achieve a majority. Under the original Constitution, the House would have been able to choose the president from among the top five electoral vote recipients, with the runner-up becoming vice president unless there was a tie for second place, in which case the Senate would choose between them. The Twelfth Amendment changed this so that the House would choose the president from the top three electoral vote recipients, and the Senate would choose the vice president from the top two. This guaranteed that there would always be a vice president, who could take over the presidency if the House was unable to agree on a president.
The Twelfth Amendment has been successful in preventing deadlocks and ties that would have led to the House of Representatives deciding the president. Elections in 1948, 1968, and 2000 would normally have led to the candidates being decided in the House of Representatives, but the Twelfth Amendment's provisions have prevented that from happening since 1824.
Who Can Propose Amendments to Maryland's Constitution?
You may want to see also

It stipulates that the vice president will act as president if the House doesn't choose a president by the start of the presidential term
The Twelfth Amendment to the United States Constitution, ratified in 1804, outlines the procedure for electing the president and vice president. It was the first amendment to address the process of electing a president and vice president, and it has been used in every US presidential election since 1804.
The Twelfth Amendment was proposed by Congress on December 9, 1803, and ratified by the requisite three-quarters of state legislatures on June 15, 1804. The amendment was prompted by the 1800 US presidential election, which revealed a serious deficiency in the presidential election process. It was designed to address the growing influence of political parties and prevent deadlocks from keeping the nation leaderless.
The Twelfth Amendment made several changes to the process of electing the president and vice president. One of the most significant changes was the requirement for electors to cast distinct votes for president and vice president, instead of two votes for president. This guaranteed that there would always be a vice president and prevented a repeat of the 1800 election, in which the runner-up in the presidential race became vice president.
The Twelfth Amendment also addressed the situation in which the House of Representatives failed to choose a president by the start of the presidential term, which at the time was March 4. In such cases, the amendment stipulated that the vice president-elect would "act as President, as in the case of the death or other constitutional disability of the President" until a president was chosen. However, the amendment did not specify how long the vice president would act as president or if the House could still choose a president after March 4.
Section 3 of the Twentieth Amendment, adopted in 1933, superseded this provision of the Twelfth Amendment. It changed the date of the start of a new presidential term to January 20 and clarified that Congress could statutorily provide for who would act as president if there was no president-elect or vice president-elect.
The US Constitution's Latest Ratification Amendments
You may want to see also
Frequently asked questions
The Twelfth Amendment outlines the procedure for electing the president and vice president.
The Twelfth Amendment changed the process by which a president and vice president are elected. It mandated that electors cast distinct votes for president and vice president, instead of two votes for president. It also changed the procedure in the case of a tie or no majority, requiring the House of Representatives to choose from the top three electoral vote recipients, and the Senate to choose the vice president from the top two choices.
The Twelfth Amendment was introduced to prevent a repeat of the 1800 election, in which the Federalist Party supported John Adams for president but split its vote, allowing the Democratic-Republican candidate, Thomas Jefferson, to secure the post of vice president.
The Twelfth Amendment was proposed by Congress on December 9, 1803, and ratified by three-quarters of state legislatures on June 15, 1804.
The Twelfth Amendment was effective in eliminating most ties and deadlocks in elections. It also ensured there would always be a vice president and prevented deadlocks from keeping the nation leaderless.

























