
The Twelfth Amendment to the US Constitution, ratified on June 15, 1804, outlines the procedure for electing the President and Vice President, specifically stating that they are to be elected together. This amendment was proposed to address issues arising from the 1800 election, where Democratic-Republican Thomas Jefferson defeated Federalist John Adams in the Electoral College but then tied with his running mate, Aaron Burr. The Twelfth Amendment mandates that electors cast distinct votes for the president and vice president, with the latter assuming the responsibilities of the former in the absence of a majority vote. It also stipulates that one of the candidates must not be from the same state as the elector. The Twelfth Amendment has been effective in preventing deadlocks and ties in most elections since its ratification, although there have been some exceptions.
| Characteristics | Values |
|---|---|
| Amendment number | 12 |
| Date proposed | December 9, 1803 |
| Date ratified | June 15, 1804 |
| Purpose | To revise and outline the procedure of how Presidents and Vice Presidents are elected, specifically so that they are elected together |
| Changes | Electors must cast distinct votes for president and vice president, instead of two votes for president |
| Electors cannot vote for two inhabitants of the same state | |
| If no presidential candidate has a majority vote, or if there is a tie, the House of Representatives chooses who will be the president | |
| The Senate chooses the vice president if there is a tie or if no candidate gets a majority | |
| The newly-elected vice president will handle the responsibilities of the president while a proper candidate is chosen by Congress |
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What You'll Learn
- The Twelfth Amendment outlines the procedure for electing a President and Vice President
- The Twelfth Amendment was ratified in 1804
- The Twelfth Amendment requires electors to cast distinct votes for President and Vice President
- The Twelfth Amendment prevents ties and deadlocks
- The Twelfth Amendment doesn't change the Electoral College's composition

The Twelfth Amendment outlines the procedure for electing a President and Vice President
The Twelfth Amendment mandates that electors cast distinct votes for the president and vice president, and that one of the selected candidates must not be from the same state as the elector. It also stipulates that if no candidate receives a majority vote for president, or if there is a tie, the House of Representatives chooses the president, while the Senate follows the same procedure for choosing the vice president.
The Twelfth Amendment has been successful in preventing most ties and deadlocks in subsequent elections. However, there have been some elections, such as those in 1948, 1968, and 2000, where unorthodox voting patterns and results have occurred. The Twelfth Amendment does not change the composition of the Electoral College, but it does change the process by which the President and Vice President are elected.
The Electoral College is a fundamental part of the original Constitution, and it continues to play a crucial role in the selection of the President and Vice President. However, there have been debates and reform proposals regarding the Electoral College, with some arguing for a National Popular Vote plan that would allow for a more direct election by the voters.
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The Twelfth Amendment was ratified in 1804
The Twelfth Amendment, which was ratified on June 15, 1804, outlines the procedure for electing the President and Vice President of the United States. The amendment was proposed by the 8th Congress on December 9, 1803, and was ratified by three-fourths of the states (13 out of 17), with Delaware and Connecticut being the only two states to reject it.
The Twelfth Amendment was a response to the issues that arose during the 1800 election, where both major parties attempted to prevent a tie by nominating separate presidential and vice-presidential candidates on a party ticket. However, there was no way for electors to distinguish between the two offices when casting their votes, leading to a tie between Thomas Jefferson and his running mate, Aaron Burr, in the Electoral College. This crisis, known as the "'contingent election,"' resulted in 35 gridlocked ballots before Thomas Jefferson was officially elected president.
The Twelfth Amendment addressed this issue by mandating that electors cast distinct votes for the president and vice president, with at least one of the candidates being from a different state than the elector. It also stipulated that if no candidate received a majority of electoral votes for president, or if there was a tie, the House of Representatives would choose the president, while the Senate would follow the same procedure for selecting the vice president. This amendment effectively eliminated most ties and deadlocks in subsequent elections.
The Twelfth Amendment also included provisions to ensure a leader during the inter-term phase. It stipulated that if the House of Representatives failed to choose a president by March 4 of the following year, the vice president would act as president until a proper candidate was chosen by Congress. This amendment has been effective in preventing most elections from being decided by the House of Representatives and has been followed in every presidential election since 1804.
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The Twelfth Amendment requires electors to cast distinct votes for President and Vice President
The Twelfth Amendment to the US Constitution, ratified on June 15, 1804, outlines the procedure for electing the President and Vice President. It was the first presidential election to be conducted under the rules of the Twelfth Amendment, which was passed in response to the 1800 election crisis.
The Twelfth Amendment has been successful in preventing ties and deadlocks in most elections since its ratification. However, there have been some elections with unorthodox voting patterns and results, and there is still debate over the role of the Electoral College. Supporters of the Electoral College argue that it is a fundamental part of the original Constitution and that the Twelfth Amendment has effectively addressed most issues. On the other hand, opponents argue for a popular election, which they believe would be more accommodating for voters.
The Twelfth Amendment also addresses the situation where there is no clear winner in the election. If no presidential candidate receives a majority vote, or if there is a tie, the House of Representatives chooses the President, while the Senate chooses the Vice President using the same procedure. The amendment also stipulates that the newly elected Vice President will act as President during the interim period until a proper candidate is chosen by Congress.
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The Twelfth Amendment prevents ties and deadlocks
The Twelfth Amendment to the US Constitution was proposed by Congress on December 9, 1803, and ratified by the requisite three-quarters of state legislatures on June 15, 1804. The amendment outlines the procedure for electing the president and vice president, specifically so that they are elected together. It replaced the procedure in Article II, Section 1, Clause 3, under which the Electoral College originally functioned.
The Twelfth Amendment was a response to the 1796 and 1800 elections, which exposed deep flaws in the original system. In 1796, John Adams (Federalist) was elected president, with Thomas Jefferson (Anti-Federalist) as his vice-president. In 1800, Jefferson and Aaron Burr, both Anti-Federalists, tied in the Electoral College, and the election had to be decided by the House of Representatives, resulting in a prolonged contingent election.
The Twelfth Amendment addressed these issues by requiring electors to cast one vote for president and another for vice president, thereby preventing ties and deadlocks. It also stipulated that the newly elected vice president would handle the responsibilities of the president while a proper candidate was chosen by Congress, ensuring there would always be a leader during the inter-term phase.
In most elections since its ratification, the Twelfth Amendment has effectively eliminated most ties and deadlocks. However, unorthodox voting patterns and results have still occurred, and the role of the Electoral College remains a subject of debate. Supporters argue that it is a fundamental part of the original Constitution, while critics favour a popular election as a simpler and more accommodating alternative.
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The Twelfth Amendment doesn't change the Electoral College's composition
The Twelfth Amendment, which was ratified on June 15, 1804, outlines the procedure for electing the President and Vice President of the United States. It replaced the procedure in Article II, Section 1, Clause 3, under which the Electoral College originally functioned. The Twelfth Amendment does not change the composition of the Electoral College, but rather amends the process of casting electoral votes.
Before the Twelfth Amendment, 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 it was a majority, was elected president, and the runner-up was elected vice president. This led to a tie in the 1800 election between Thomas Jefferson and Aaron Burr, who were running mates. The Twelfth Amendment was proposed to address this issue.
The Twelfth Amendment introduced a new process where electors have two separate ballots. They cast votes for the president on one ballot and the vice president on the other, with one of the selected candidates being from a different state than the elector. This amendment ensures that the president and vice president are elected together. It also changed the process for contingent elections in Congress in the event of a tie vote. Under the original rule, the House would choose the president and vice president from the top five vote-getters. The Twelfth Amendment changed it so that the House selects the president from the top three vote-getters, and the Senate breaks a tie vote for the vice presidency between the top two vote-getters.
The Twelfth Amendment also addresses the situation where no candidate for vice president receives a majority of the total votes. In such cases, the Senate, with each senator having one vote, chooses the vice president from the candidates with the "two highest numbers" of electoral votes. This amendment ensures that there is always a vice president, who can take on the responsibilities of the president if needed.
While the Twelfth Amendment does not change the composition of the Electoral College, it significantly alters the process of casting and counting electoral votes, addressing ties and deadlocks, and ensuring a clear path to selecting the president and vice president.
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Frequently asked questions
The Twelfth Amendment to the U.S. Constitution, proposed in 1803 and ratified in 1804, outlines the procedure of how Presidents and Vice Presidents are elected.
The Twelfth Amendment revised the election process by requiring electors to cast distinct votes for president and vice president, instead of two votes for president. This was to prevent ties between candidates from the same party ticket.
The Twelfth Amendment did not change the composition of the Electoral College but it did change the process by which a president and vice president are elected.
Critics of the Electoral College argue that it is no longer suitable for the current political landscape, and that a popular election would be more simple and accommodating for voters.

























