
The Twelfth Amendment (Amendment XII) to the United States Constitution outlines the procedure for electing the president and vice president. Proposed by the 8th Congress on December 9, 1803, the amendment was ratified by the requisite three-quarters of state legislatures on June 15, 1804. The Twelfth Amendment replaced the procedure in Article II, Section 1, Clause 3, under which the Electoral College originally functioned. The amendment's key provision is that electors cast one vote for president and one vote for vice president, eliminating the possibility of a tie between presidential and vice-presidential candidates. Additionally, it extends the eligibility requirements for the presidency to the vice presidency, ensuring that no individual constitutionally ineligible for the presidency can become vice president. The Twelfth Amendment also addresses the terms of office for the president, vice president, senators, and representatives, specifying that their terms end at noon on the 20th of January.
| Characteristics | Values |
|---|---|
| Date proposed | December 9, 1803 |
| Date ratified | June 15, 1804 |
| Date effective | 1804 presidential election and all subsequent elections |
| Number of states that ratified it | 14 of 17 |
| Proposal method | Approved by Congress and ratified by state legislatures |
| Purpose | To provide the procedure for electing the president and vice president |
| Procedure | Each member of the Electoral College casts one vote for president and one for vice president |
| The candidate with the most votes wins the election | |
| The runner-up becomes vice president | |
| The House of Representatives chooses the president if no candidate wins the majority of electoral votes | |
| The Senate chooses the vice president if no candidate has a majority of votes | |
| The president and vice president should not be from the same state | |
| Eligibility requirements for president are extended to vice president |
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What You'll Learn
- The Twelfth Amendment supersedes Article II, Section 1, Clause 3
- The amendment outlines the procedure for electing the president and vice president
- It was proposed by the 8th Congress on December 9, 1803
- The amendment was ratified by the requisite three-quarters of state legislatures on June 15, 1804
- The Twelfth Amendment extends eligibility requirements for the vice president

The Twelfth Amendment supersedes Article II, Section 1, Clause 3
The Twelfth Amendment to the United States Constitution outlines the procedure for electing the president and vice president. It was proposed by the 8th US Congress on December 9, 1803, and ratified by the requisite three-quarters of state legislatures on June 15, 1804. The new rules took effect for the 1804 presidential election and have governed all subsequent presidential elections.
The Twelfth Amendment changed this procedure by requiring electors to cast one vote for president and one vote for vice president. This prevented the original situation where the president and vice president could be from opposing parties, which made governance more difficult. The Twelfth Amendment also introduced the requirement that the president and vice president should not be inhabitants of the same state.
In addition, the Twelfth Amendment extended the eligibility requirements for president (being a natural-born citizen, at least 35 years old, and a 14-year resident of the US) to the vice president, meaning that no one constitutionally ineligible to be president could become vice president. The amendment also outlines the process for the House of Representatives and the Senate to choose the president and vice president, respectively, in the case of a contingent election where no candidate receives a majority of electoral votes.
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The amendment outlines the procedure for electing the president and vice president
The Twelfth Amendment outlines the procedure for electing the President and Vice President of the United States. 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 new rules took effect for the 1804 presidential election and have governed all subsequent presidential elections.
The Twelfth Amendment was proposed to address issues with the original election procedure outlined in Article II, Section 1, Clause 3 of the Constitution, which established the Electoral College. Under this original procedure, each member of the Electoral College cast two electoral votes, with no distinction between votes for president and vice president. The presidential candidate who received the most votes was elected president, and the runner-up became vice president. This led to the president and vice president being from different parties, which could make governance more difficult.
The Twelfth Amendment changed this procedure by requiring each member of the Electoral College to cast one electoral vote for president and one electoral vote for vice president. This allowed each party to nominate their team for both positions. The Amendment also stipulates that the president and vice president should not be inhabitants of the same state.
In the case of a tie or no majority, the Twelfth Amendment outlines a process for the House of Representatives and the Senate to choose the president and vice president, respectively. The House chooses the president from the top three choices of the electors, while the Senate chooses the vice president from the top two choices. This process guarantees that there will always be a vice president, who can take over the presidency if needed.
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It was proposed by the 8th Congress on December 9, 1803
The Twelfth Amendment to the United States Constitution was proposed by the 8th Congress on December 9, 1803. It was approved by the House of Representatives by a vote of 84–42, having been previously passed by the Senate, 22–10, on December 2. The amendment was officially submitted to the 17 states on December 12, 1803, and was ratified by the requisite three-quarters of state legislatures on June 15, 1804. The new rules took effect for the 1804 presidential election and have governed all subsequent presidential elections.
The Twelfth Amendment provides the procedure for electing the president and vice president. It replaced the procedure in Article II, Section 1, Clause 3, under which the Electoral College originally functioned. Initially, under the Constitution, each member of the Electoral College cast two electoral votes, with no distinction between electoral votes for president or vice president. The presidential candidate receiving the most votes—provided that number was a majority of the electors—was elected president, while the runner-up became vice president. This led to the president and vice president being from different parties, which made governance more difficult.
The Twelfth Amendment aimed to solve this issue by allowing each party to nominate their team for president and vice president. It also introduced the inhabitant clause, suggesting that the president and vice president should not be from the same state. The amendment further extended the eligibility requirements for the president (such as being a natural-born citizen and at least thirty-five years old) to the vice president, stating that no person constitutionally ineligible to be president could be vice president.
The Twelfth Amendment also made changes to the process of electing the president and vice president. Under the new rules, a contingent election is still held by the House of Representatives if no candidate wins the presidential electoral vote of a majority of the electors. However, there is no longer any possibility of multiple candidates winning presidential electoral votes from a majority of electors. The House would choose the president from the top three choices of the electors, while the Senate would choose the vice president from the top two choices.
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The amendment was ratified by the requisite three-quarters of state legislatures on June 15, 1804
The Twelfth Amendment to the United States Constitution outlines the procedure for electing the president and vice president. It was proposed by the 8th Congress on December 9, 1803, and approved by the House of Representatives (84-42) and the Senate (22-10). The amendment was then submitted to the 17 states on December 12, 1803.
The Twelfth Amendment was ratified by the requisite three-quarters of state legislatures on June 15, 1804, and it officially became part of the Constitution. At the time, there were 17 states in the Union, and the ratification of 13 states was required. The amendment was ratified by 14 states by September 25, 1804, when Secretary of State James Madison declared it to be added to the Constitution.
The Twelfth Amendment replaced the procedure outlined in Article II, Section 1, Clause 3, which governed the functioning of the Electoral College. Initially, each member of the Electoral College cast two electoral votes without distinguishing between votes for president and vice president. The presidential candidate with the most votes, provided they achieved a majority, was elected president, and the runner-up became vice president. This led to the president and vice president potentially being from different parties, causing governance issues.
The Twelfth Amendment addressed this by requiring electors to cast one vote for president and one vote for vice president. It also stipulated that no individual constitutionally ineligible for the presidency could hold the office of vice president. This amendment ensured that the president and vice president were from the same party and prevented the type of tie vote that had occurred between Jefferson and Burr.
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The Twelfth Amendment extends eligibility requirements for the vice president
The Twelfth Amendment to the United States Constitution outlines the procedure for electing the president and vice president. It extends eligibility requirements for the vice president by requiring that no person who is constitutionally ineligible to be president can be vice president. This means that the vice president must also be a natural-born citizen, at least 35 years old, and must have been a resident of the United States for 14 years.
The Twelfth Amendment was proposed by the 8th Congress on December 9, 1803, and was ratified by the requisite three-quarters of state legislatures on June 15, 1804. The new rules took effect for the 1804 presidential election and have governed all subsequent presidential elections.
The Twelfth Amendment replaced the procedure in Article II, Section 1, Clause 3, under which the Electoral College originally functioned. Initially, each member of the Electoral College cast two electoral votes, with no distinction between electoral votes for president or vice president. The presidential candidate receiving the greatest number of votes, provided that number was at least a majority of the electors, was elected president, while the runner-up became vice president. This often resulted in the president and vice president being from different parties, leading to governance difficulties.
The Twelfth Amendment addressed this issue by allowing each party to nominate their team for president and vice president, with electors casting one vote for president and one vote for vice president. This change guaranteed that the president and vice president would be from the same party and ensured that the vice president would be eligible to assume the presidency if necessary.
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Frequently asked questions
Amendment 12 outlines the procedure for electing the president and vice president. It replaced the procedure in Article II, Section 1, Clause 3, under which the Electoral College originally functioned.
The 12th Amendment changed the voting process so that each member of the Electoral College would cast one electoral vote for president and one electoral vote for vice president. This replaced the previous system where each elector cast two electoral votes, with no distinction between electoral votes for president or vice president.
The 12th Amendment was proposed in 1803, following the 1800 election where Thomas Jefferson and Aaron Burr, both Anti-Federalists, were tied in the Electoral College. The amendment was ratified by the requisite three-quarters of state legislatures on June 15, 1804, and took effect for the 1804 presidential election.

























