Malcolm Rivera
The Twelfth Amendment to the United States Constitution, proposed by the 8th Congress on December 9, 1803, and ratified on June 15, 1804, 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 amendment was a response to the 1800 US presidential election, which resulted in a tie between Thomas Jefferson and Aaron Burr, the Democratic-Republican candidates for president and vice president, respectively. The Twelfth Amendment was designed to prevent such ties and deadlocks in future elections and has been effective in doing so in most elections since its ratification.
| Characteristics | Values |
|---|---|
| Date proposed by Congress | December 9, 1803 |
| Date proposed by the 8th Congress | December 2, 1803 |
| Date submitted to states | December 12, 1803 |
| Date ratified | June 15, 1804 |
| Date declared added to the Constitution | September 25, 1804 |
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What You'll Learn
The 12th Amendment was proposed in 1803
The 12th Amendment to the United States Constitution was proposed by the 8th United States Congress on December 9, 1803, and was approved by the House of Representatives by a vote of 84-42. It was then passed by the Senate on December 2, 1803, with a vote of 22-10. The amendment was officially submitted to the 17 states on December 12, 1803, and was ratified by three-quarters of the state legislatures on June 15, 1804, becoming a part of the Constitution.
The 12th Amendment was proposed to address flaws in the original Electoral College system, which allowed for the possibility of ties in the election of the president and vice president. This issue had come to a head in the 1800 election, where both major parties attempted to prevent a tie by nominating separate presidential and vice-presidential candidates. However, there was no way for electors to distinguish between the two offices when casting their votes, so if all electors voted for their party tickets, the election would still result in a tie between the two candidates from the most popular ticket. This is exactly what happened, with Democratic-Republican candidates Thomas Jefferson and Aaron Burr receiving an equal number of votes.
The 12th Amendment provided a solution to this problem by requiring each member of the Electoral College to cast one electoral vote for president and one electoral vote for vice president. It also established the procedure for electing the president and vice president, outlining the roles of the Electoral College, the House of Representatives, and the Senate in these elections. Under the amendment, the presidential candidate receiving the greatest number of electoral votes is elected president, while the candidate with the second-highest number of votes becomes vice president.
The 12th Amendment also addressed the scenario where the House of Representatives fails to choose a president by March 4, stating that in such a case, the vice president would act as president until a decision is made. This provision clarified the line of succession and ensured a smooth transfer of power in the event of a delayed presidential decision.
Overall, the proposal and ratification of the 12th Amendment in 1803 and 1804, respectively, were significant steps in refining the electoral process and ensuring the efficient functioning of the United States government. The amendment addressed the shortcomings of the original Electoral College system and provided clear guidelines for electing the nation's leaders.
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It was ratified in 1804
The 12th Amendment to the US Constitution was ratified on June 15, 1804. It revised the procedure for how the President and Vice President are elected, outlining that they are elected together. The Twelfth Amendment was proposed by the 8th US Congress on December 9, 1803, and approved by the House of Representatives (84-42) and the Senate (22-10) on December 2, 1803. It was then submitted to the 17 states on December 12, 1803.
The 12th Amendment changed a portion of Article II, Section 1, of the Constitution. It replaced the procedure in Article II, Section 1, Clause 3, under which the Electoral College originally functioned. The original text of the Constitution stated that each member of the Electoral College cast two electoral votes, with no distinction between votes for president or vice president. The candidate with the most votes was elected president, and the candidate with the second-most votes was elected vice president.
The Twelfth Amendment was a response to the 1800 US presidential election, in which a tie occurred between Thomas Jefferson and Aaron Burr, the Democratic-Republican candidates for president and vice president, respectively. The Amendment aimed to prevent such ties and deadlocks in future elections. It mandated that electors cast distinct votes for president and vice president, with one of the selected candidates being from a different state than the elector.
The 12th Amendment also addressed the issue of the country not having a leader during the inter-term phase. It stipulated that the newly elected vice president would assume the responsibilities of the president until Congress chose a suitable candidate.
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It 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 ratified by 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 how the president and vice president are elected by restructuring the Electoral College system. Initially, under Article II, Section 1, Clause 3 of the Constitution, each member of the Electoral College cast two electoral votes, with no distinction between votes for president and vice president. The presidential candidate receiving the most votes was elected president, and the candidate with the second-highest number of votes became vice president.
The Twelfth Amendment mandated that electors cast separate votes for president and vice president. It also required that one of the candidates be someone who is not from the same state as the elector. This change addressed the issue of two or more candidates tying in the electoral college, as seen in the 1800 election between Thomas Jefferson and Aaron Burr, who were both Anti-Federalists.
The amendment further stipulated that if no presidential candidate receives a majority vote or in the case of a tie, the House of Representatives would choose the president. Similarly, if there is no majority or a tie for vice president, the Senate would select one of the two candidates with the highest number of votes.
Additionally, the Twelfth Amendment addressed the concern of a leadership vacuum during the inter-term phase. It clarified that if a new president was not decided by the inauguration day, the elected vice president would assume the responsibilities of the president until Congress chose a suitable candidate.
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It replaced the procedure in Article II, Section 1
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 three-quarters of state legislatures on June 15, 1804. The amendment replaced the procedure in Article II, Section 1, Clause 3, which governed how the Electoral College functioned.
Under the original procedure outlined in Article II, Section 1, each elector cast two electoral votes, with no distinction between votes for president and vice president. This meant that the presidential candidate with the most votes, provided they had a majority of the electors, became president, and the runner-up became vice president. This procedure was problematic, as it did not allow electors to distinguish between the two offices when casting their votes. This could result in a tie between the two candidates from the most popular ticket, as seen in the 1800 election.
The Twelfth Amendment addressed this issue by requiring electors to cast separate votes for president and vice president. This amendment also adapted a provision from the original Article II text, which prohibited an elector from casting both their presidential votes for inhabitants of their own state. Under the Twelfth Amendment, one of the votes cast by an elector must be for someone who resides in a different state. This rule has influenced the selection of running mates by presidential candidates, as they typically choose someone from another state to avoid losing votes from electors in their shared home state.
The amendment also provided a process for selecting the president if the House did not make a choice before March 4, which was the start of a presidential term. In such cases, the vice president-elect would "act as President, as in the case of the death or other constitutional disability of the President". This provision was later superseded by the Twentieth Amendment in 1933, which changed the date of a new presidential term to January 20.
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It was a response to the 1800 election
The Twelfth Amendment to the United States Constitution was a response to the 1800 election, which exposed flaws in the original election system. The 1800 election was a rematch of the 1796 election, with President John Adams (Federalist) and his Vice President, Thomas Jefferson (Anti-Federalist), running against each other.
The original system, as outlined in Article II of the Constitution, required each electoral delegate to vote for two presidential candidates, with no distinction between electoral votes for president and vice president. This two-vote procedure was intended to increase the chances of smaller states winning the presidency. However, the 1800 election highlighted the unintended consequences of this system, as it resulted in a tie between Thomas Jefferson and Aaron Burr, both of the Democratic-Republican Party.
To address these issues, the Twelfth Amendment was proposed by Congress in December 1803 and ratified on June 15, 1804, in time for the 1804 presidential election. The amendment revised the election procedure, mandating that electors cast separate votes for president and vice president. It also stipulated that the newly elected vice president would assume the duties of the president in the event of a tie or a lack of a majority candidate, ensuring that the country would have a leader during the inter-term phase.
The Twelfth Amendment was a significant revision of American politics in the early 19th century, and it has effectively eliminated most ties and deadlocks in subsequent elections. It also addressed concerns about the balance of power between the states and the people, as it ensured that the president and vice president were elected from separate ballots, reducing the likelihood of them being from the same party.
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Frequently asked questions
The 12th Amendment to the Constitution was written in 1803.
The 12th Amendment to the Constitution was proposed by the 8th Congress on December 9, 1803.
The 12th Amendment to the Constitution was ratified on June 15, 1804.
The 12th Amendment to the Constitution revised and outlined the procedure for how Presidents and Vice Presidents are elected.
The catalyst for the 12th Amendment was the U.S. presidential election of 1800, which produced an electoral college tie between Thomas Jefferson and Aaron Burr.
