The 12Th Amendment: A Constitutional Change In Elections

when was the 12th amendment added to the constitution

The 12th Amendment to the US Constitution, also known as the Manner of Choosing a President and Vice-President, was ratified in 1804. It was approved by Congress on December 9, 1803, and by the states on June 15, 1804. The 12th Amendment was a response to the 1800 election, in which Thomas Jefferson and Aaron Burr, both Anti-Federalists, received the same number of votes in the Electoral College. The 12th Amendment simplified the process of selecting a President and Vice President from the same political party.

Characteristics Values
Date approved by Congress December 9, 1803
Date ratified by states June 15, 1804
Modified Article II, Section 1 of the Constitution
Superseded Article II, Section 1, Clause 3 of the Constitution
Purpose To modify the way the Electoral College chooses the president and vice president
Reason To prevent the president and vice president from being from different parties and having different political views

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The 12th Amendment was ratified in 1804

Under the original system, each elector voted for two candidates for president. The candidate with the most votes became president, and the runner-up became vice president. This could result in the president and vice president being from different parties, leading to governance issues. In 1800, Thomas Jefferson and Aaron Burr received the same number of votes, and the House of Representatives had to choose the president. This prolonged election highlighted the need for a constitutional amendment.

The 12th Amendment addressed this by allowing each party to nominate their candidates for president and vice president. It also implicitly recognised the existence of national political parties, awarding both positions to the party with the most electoral votes. This simplified the process, making it more likely that the president and vice president would be from the same party.

The 12th Amendment also extended eligibility requirements for the vice presidency, stating that no person constitutionally ineligible to be president could be vice president. This ensured that the two offices were aligned in their basic qualifications. The amendment was approved by Congress in 1803 and officially ratified in 1804, marking a significant step in the evolution of the modern Electoral College.

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It modified the way the Electoral College chooses the president and vice president

The 12th Amendment, approved by Congress on December 9, 1803, and ratified by the states on June 15, 1804, modified the way the Electoral College chooses the president and vice president. The amendment was added to the U.S. Constitution in response to the 1796 election and the 1800 election crisis, which resulted in a president and vice president with different political alignments. This led to a prolonged contingent election and increasing Democratic-Republican majorities in both the House and the Senate, highlighting the need for a constitutional amendment.

The 12th Amendment addressed this issue by allowing each political party to nominate its candidates for president and vice president. It also implicitly recognised the existence of national political parties and enabled the party with the most electoral votes to win both offices. This amendment ensured that the president and vice president were from the same party, promoting cohesive governance.

Prior to the 12th Amendment, the Electoral College did not vote separately for president and vice president. Each elector cast their vote for two candidates for president, and the runner-up in the electoral vote became the vice president. This resulted in the president and vice president being from different parties, creating a challenge for effective leadership.

The 12th Amendment also included provisions for contingent elections. It specified that if no candidate received a majority of electoral votes for president, the House of Representatives would hold a contingent election. Additionally, it addressed the possibility of ties in the vice-presidential race, allowing the Senate to choose the vice president in such cases.

Furthermore, the 12th Amendment extended the eligibility requirements for the presidency to the vice presidency, stating that no person constitutionally ineligible for the presidency could become vice president. This ensured consistency in the qualifications for the nation's highest offices.

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It was added to prevent a president and vice president from being of opposing parties

The 12th Amendment to the United States Constitution was proposed by the 8th Congress on December 9, 1803, and was approved by the House of Representatives by a vote of 84-42, having previously been passed by the Senate, 22–10. It was enacted for all presidential elections from 1804 onwards.

The 12th Amendment was added to prevent a president and vice president from being of opposing parties. The original electoral system worked adequately for the first two presidential elections, as George Washington was the unanimous choice of the electors for president, and there was no need for an overall majority in the election for vice president. However, when George Washington decided not to seek a third term, and partisan political activity emerged, problems with the original procedure became apparent.

In the 1796 election, John Adams, the Federalist Party presidential candidate, received votes from a majority of electors. However, the Federalist electors scattered their second votes, resulting in the Democratic-Republican Party presidential candidate, Thomas Jefferson, receiving the second-highest number of electoral votes and thus being elected vice president. It soon became apparent that having a vice president and a president unwilling to work together effectively would be a significant problem. With the French Revolutionary Wars raging in Europe, President Adams pursued a pro-British foreign policy, much to the disgust of the strongly pro-French Vice President Jefferson.

In the 1800 election, both major parties attempted to prevent the problem that arose in 1796 by nominating separate presidential and vice-presidential candidates on a party ticket. However, there was no way for the electors to distinguish between the two offices when they cast their votes, so if all the electors voted for their party tickets, the election would end in a tie between the two candidates from the most popular ticket. This is exactly what happened, with Jefferson and his running mate Aaron Burr receiving the same number of votes. A contingent election was held in the House of Representatives, and after 35 ballots, Jefferson was finally elected president. This prolonged election, combined with the increasing Democratic-Republican majorities in both the House and the Senate, set the stage for a constitutional amendment to alter this flawed system.

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It requires each member of the Electoral College to cast one vote for president and one for vice president

The 12th Amendment to the US Constitution was ratified in 1804. It addressed flaws in the original system of electing the president and vice president, which had resulted in the 1800 election crisis.

Under Article II, Section 1 of the Constitution, each elector voted for two candidates for president. The candidate with the most votes became president, and the runner-up became vice president. This could result in the president and vice president being from different parties, making governance difficult. This was the case in 1796, when John Adams (Federalist) had to deal with Thomas Jefferson (Anti-Federalist) as his vice president.

In 1800, the election was thrown into the House of Representatives when Thomas Jefferson and Aaron Burr received the same number of votes. Neither candidate was able to win on the first 35 ballots. The gridlock was finally broken on the 36th ballot, and Jefferson was elected president on February 17, 1801.

The 12th Amendment was passed to prevent such crises from recurring and to simplify the process of electing the president and vice president. It requires each member of the Electoral College to cast one vote for president and one for vice president. This means that the president and vice president will be from the same party, having been nominated as a team. It also provides that no individual constitutionally ineligible to be president can be vice president.

The 12th Amendment also changed the number of candidates in a contingency election from five to three and allowed the Senate to choose the vice president if there was a tie.

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It suggests the president and vice president should not be from the same state

The Twelfth Amendment to the United States Constitution was ratified on June 15, 1804, outlining 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 proposed by Congress on December 9, 1803, and took effect for the 1804 presidential election, governing all subsequent presidential elections.

The original system allowed for the election of a president and vice president who were political opponents, acting at cross-purposes. This was the case when John Adams (Federalist) had to deal with Thomas Jefferson (Anti-Federalist) as his Vice-President. The French Revolutionary Wars in Europe further exacerbated this issue, as President Adams pursued a pro-British foreign policy, while Vice-President Jefferson was strongly pro-French.

The Twelfth Amendment was enacted to prevent such scenarios from occurring again. It mandates that at least one of the candidates for president and vice president must not be an inhabitant of the same state as the elector. This ensures that the president and vice president are not from the same state and helps to avoid potential conflicts and gridlocks in decision-making.

The amendment also addresses the issue of ties in the Electoral College. In the 1800 election, Jefferson and Aaron Burr, both Anti-Federalists, tied in the Electoral College. This prolonged contingent election, combined with the increasing Democratic-Republican majorities in Congress, further emphasized the need for a constitutional amendment.

The Twelfth Amendment requires each elector to cast one vote for the president and one vote for the vice president, eliminating the possibility of multiple candidates winning a majority of electoral votes for president. In the event of a tie or no candidate receiving a majority, the House of Representatives chooses the president, while the Senate chooses the vice president using the same procedure.

Frequently asked questions

The 12th Amendment was added to the Constitution in 1804.

The 12th Amendment modified the way the Electoral College chooses the president and vice president.

The 12th Amendment was added to prevent a reoccurrence of the 1800-1801 election crisis. In 1800, Thomas Jefferson and Aaron Burr received the same number of votes, which sent the selection of the President to the House of Representatives.

The 12th Amendment allowed each party to nominate their team for president and vice president. It also suggested that the president and vice president should not be from the same state.

The 12th Amendment extended the eligibility requirements for president to the vice president, meaning that no person who is constitutionally ineligible to be president can be vice president.

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