Eleanor Finch
The United States Constitution has been amended numerous times since its ratification, with changes being made to the procedures for electing the president and vice president. The Twelfth Amendment, ratified in 1804, was a significant amendment that replaced the original Electoral College system. It mandated that electors cast distinct votes for president and vice president, preventing the two candidates with the most electoral votes from becoming president and vice president, respectively. This amendment was proposed to address the issue of ties in the Electoral College, such as the one between Thomas Jefferson and Aaron Burr in 1800. While the Twelfth Amendment has been effective in preventing most ties, it has not eliminated the role of the Electoral College in presidential elections.
Today, there is still debate over the Electoral College's role, with some advocating for a direct popular vote to elect the president. Efforts have been made to amend the Constitution to allow for a national popular vote, with several states signing on to an agreement. However, there are legal questions and concerns over the constitutionality of such a change.
| Characteristics | Values |
|---|---|
| Amendment number | 12 |
| Date proposed by Congress | December 9, 1803 |
| Date ratified | June 15, 1804 |
| Number of votes required for ratification | Three-quarters of state legislatures |
| States that chose electors in the state legislature rather than by popular vote | Six |
| New rules took effect for the | 1804 presidential election |
| Amendment type | Restructuring of presidential elections and a revision of American politics in the early 19th century |
| Amendment purpose | To eliminate ties and deadlocks, to prevent the House of Representatives from choosing the president, to outline the procedure for electing the president and vice president, to require electors to nominate separate presidential and vice presidential candidates, to prevent the election of ineligible vice presidents |
| Amendment details | Electors must meet in their respective states and vote by ballot for president and vice president, one of whom is not from the same state as the elector; they must make distinct lists of all persons voted for as president and vice president and the number of votes for each, which they must sign and certify, and transmit sealed to the US government; the president of the Senate opens all the certificates and the votes are counted; the person with the greatest number of votes for president shall be the president |
| Amendment supersedes | Article II, Section 1, Clause 3, under which the Electoral College originally functioned |
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What You'll Learn
- The Twelfth Amendment outlines the procedure for electing the president and vice president
- The Twelfth Amendment was ratified on June 15, 1804
- The Twelfth Amendment has governed all presidential elections since 1804
- The Twelfth Amendment was proposed by Congress on December 9, 1803
- The Twelfth Amendment replaced the procedure in Article II, Section 1, Clause 3
The Twelfth Amendment outlines the procedure for electing the president and vice president
The Twelfth Amendment replaced the procedure outlined in Article II, Section 1, Clause 3 of the Constitution, which governed the functioning of the Electoral College. The new rules mandated that electors cast one vote for president and another for vice president, with at least one of the candidates being from a different state to the elector. This amendment effectively eliminated most ties and deadlocks in subsequent elections.
In the case of a tie or no majority vote for president, the House of Representatives chooses the president, while the Senate follows the same procedure for selecting the vice president. The amendment also stipulates that the newly-elected vice president will handle presidential responsibilities during the inter-term phase until a proper candidate is chosen by Congress.
The Twelfth Amendment has been instrumental in shaping American politics in the early 19th century and continues to govern all presidential elections since 1804. However, it is important to note that the United States Constitution has not been amended to allow for a popular vote for the president. While there have been proposals and efforts by some states to adopt a National Popular Vote Compact, where their electoral votes would be pledged to the winner of the national popular vote, these have not yet resulted in constitutional changes.
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The Twelfth Amendment was ratified on June 15, 1804
The Twelfth Amendment to the United States Constitution, ratified on June 15, 1804, outlines the procedure for electing the president and vice president. It was proposed by Congress on December 9, 1803, and ratified by three-quarters of state legislatures on June 15, 1804. The amendment took effect for the 1804 presidential election and has governed all subsequent elections.
The Twelfth Amendment replaced the procedure outlined in Article II, Section 1, Clause 3 of the Constitution, which was under the Electoral College system. Initially, each member of the Electoral College cast two electoral votes, with no distinction between votes for president and vice president. The Twelfth Amendment mandates that electors cast one vote for president and another for vice president. It also stipulates that the two candidates must be from different states.
The amendment was a response to the 1796 and 1800 elections, which highlighted the shortcomings of the original procedure. In 1796, the Federalist Representative William L. Smith proposed an amendment to require electors to cast separate votes for president and vice president, but no action was taken. In the 1800 election, both major parties nominated separate presidential and vice-presidential candidates, but the electors could not distinguish between the two offices on their ballots. This led to a tie between the two candidates from the most popular ticket, Thomas Jefferson and Aaron Burr, who were both Anti-Federalists.
The Twelfth Amendment has been successful in preventing similar ties and deadlocks in most elections since its ratification. It also addressed concerns about the country being without a leader during the inter-term phase by allowing the newly elected vice president to assume the responsibilities of the president until Congress chooses a suitable candidate.
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The Twelfth Amendment has governed all presidential elections since 1804
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 ratified by the requisite three-quarters of state legislatures on June 15, 1804. The amendment took effect for the 1804 presidential election and has 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 votes for president or vice president. The presidential candidate with the most votes was elected president, and the runner-up became vice president. This led to the election of John Adams (Federalist) as president and his rival Thomas Jefferson (Anti-Federalist) as vice president.
The Twelfth Amendment was passed to prevent such an occurrence from happening again. It mandates that electors cast distinct votes for president and vice president, and that one of the candidates must not be from the same state as the elector. If no candidate receives a majority of votes, or in the case of a tie, the House of Representatives chooses the president, and the Senate chooses the vice president.
The Twelfth Amendment has been effective in eliminating most ties and deadlocks in presidential elections. It has governed all presidential elections since 1804, with the exception of the 1824 election, when the House of Representatives chose the president in a contingent election as none of the four candidates won an absolute majority of electoral votes.
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The Twelfth Amendment was proposed by Congress on December 9, 1803
The Twelfth Amendment to the United States Constitution was proposed by the 8th Congress on December 9, 1803, and approved by the House of Representatives by a vote of 84-42. This came after the Senate had passed it 22-10. The amendment was proposed to remedy flaws in the original Constitution, which had led to a crisis in the 1800 election.
Under the original procedure, each member of the Electoral College cast two electoral votes, with no distinction between votes for president and vice president. The candidate with the most votes was elected president, and the runner-up became vice president. This led to the issue of two or more candidates tying in the Electoral College, as happened in 1800 between Thomas Jefferson and Aaron Burr.
The Twelfth Amendment was designed to address this problem by requiring each member of the Electoral College to cast one electoral vote for president and one for vice president. It also stipulated that one of the candidates must be from a different state than the elector. This amendment was ratified by three-quarters of state legislatures on June 15, 1804, and took effect for the 1804 presidential election.
The Twelfth Amendment has been successful in preventing ties and deadlocks in most elections since its ratification. It has also provided stability and duration to the Constitution, as predicted by supporters of the amendment like Massachusetts Senator Timothy Pickering.
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The Twelfth Amendment replaced the procedure in Article II, Section 1, Clause 3
The Twelfth Amendment (Amendment XII) to the United States Constitution 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 Twelfth Amendment was proposed by Congress on December 9, 1803, and ratified by 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.
Initially, under the Constitution, each member of the Electoral College cast two electoral votes, with no distinction between votes for president or vice president. The candidate who received the most votes, provided it was a majority, was elected president, and the candidate with the second-highest number of votes became vice president. This procedure led to the possibility of two candidates from opposing parties becoming president and vice president, as well as the risk of ties.
The Twelfth Amendment addressed these issues by requiring electors to cast distinct votes for president and vice president, with one of the selected candidates being from a different state than the elector. This ensured that the president and vice president would be from the same party and prevented electors from voting for two "favorite sons" of their state. The amendment also provided that if the House did not choose a president before the start of the presidential term, the vice president-elect would act as president until a decision was made.
The Twelfth Amendment has been effective in eliminating most ties and deadlocks in presidential elections. However, critics argue that the Electoral College drags down voter turnout, reduces the field of play to "swing states," and polarizes national politics. There have been proposals for a direct popular vote to address these issues, but they have not gained widespread support.
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Frequently asked questions
The Constitution has not yet been amended to allow a popular vote for president. The Twelfth Amendment, which was ratified in 1804, outlines the procedure for electing the president and vice president, but it does not include provisions for a popular vote.
The Twelfth Amendment requires electors to nominate separate presidential and vice-presidential candidates. It also mandates that a distinct vote be taken for the president and the vice president, with one of the selected candidates being someone who does not share the same state of origin as the elector.
Critics of the Electoral College system argue that a popular vote would be more simple and accommodating for voters. They also point out that the system can result in candidates being chosen by the House of Representatives, which may not reflect the will of the majority of voters.
There have been attempts to amend the law and introduce a national popular vote for the presidential election. The "Agreement Among the States to Elect the President by Nationwide Popular Vote" aims to pledge electoral votes to the winner of the national popular vote. However, this proposal has faced opposition due to concerns about its constitutionality and potential conflicts with the Electoral College system.
