Simone Lawson
The Twelfth Amendment to the United States Constitution outlines the procedure for electing the President and Vice President. It was ratified on June 15, 1804, and changed the way in which the President and Vice President were elected, stipulating that they should be elected together. The amendment also addresses what to do if a new President is not decided by Inauguration Day, stating that the elected Vice President would take on the role of President until a decision is made. The Twenty-Fifth Amendment, on the other hand, deals with issues related to presidential succession and disability, outlining what happens when the President is removed from office, dies, or resigns.
| Characteristics | Values |
|---|---|
| Amendment number | Twelfth Amendment (Amendment XII) |
| Date proposed | December 9, 1803 |
| Date ratified | June 15, 1804 |
| Electors' votes | Electors must meet in their respective states and cast distinct votes for President and Vice-President |
| Candidate requirements | One candidate must not be an inhabitant of the same state as the electors |
| Majority vote | The candidate with the greatest number of votes is elected President or Vice-President |
| No majority | If no candidate has a majority, the House of Representatives chooses the President, and the Senate chooses the Vice-President |
| Tie | In case of a tie, the House of Representatives chooses the President, and the Senate chooses the Vice-President |
| Inauguration day | March 4 (changed to January 20 by the Twentieth Amendment in 1933) |
| Vice-President as Acting President | If the House fails to choose a President by March 4, the Vice-President acts as President |
| Vice-President succession | If the President dies, resigns, or is removed from office, the Vice-President becomes President |
| Vice-President vacancy | The President nominates a Vice-President who takes office upon confirmation by a majority vote of both Houses of Congress |
| Acting President declaration | The President can declare themselves unable to discharge their duties, and the Vice-President becomes Acting President |
| Vice-President and cabinet declaration | The Vice-President and a majority of the executive department can declare the President unable to discharge their duties, and the Vice-President becomes Acting President |
| Congressional review | Congress can review the declarations and decide if the President resumes their duties or if the Vice-President continues as Acting President |
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What You'll Learn
- The 12th Amendment outlines the procedure for electing the president and vice president
- Electors must meet in their respective states and vote by ballot
- The candidate with the most votes becomes president
- The candidate with the second-highest number of votes becomes vice president
- The 25th Amendment addresses presidential succession and disability
The 12th Amendment outlines the procedure for electing the president and vice president
The 12th Amendment mandates that electors meet in their respective states and cast distinct votes for the president and vice president, with at least one of the selected candidates not being from the same state as the elector. The person with the greatest number of votes for president becomes the president if they have a majority of the whole number of electors appointed. If no candidate has a majority, the House of Representatives chooses the president. The same procedure is followed for selecting the vice president, with the Senate making the choice if there is no majority.
The 12th Amendment also addresses the possibility of the House failing to choose a president by March 4, in which case the vice president would take over as president until a decision is made. This provision was designed to prevent a leadership vacuum during the inter-term phase.
The 12th Amendment was a significant restructuring of presidential elections and a revision of American politics in the early 19th century. It aimed to address issues arising from the original Electoral College system, where electors selected two candidates without differentiating between the roles of president and vice president. The Amendment ensured that the president and vice president were elected together, with clear distinctions between the two roles.
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Electors must meet in their respective states and vote by ballot
The 12th Amendment to the United States Constitution outlines the procedure for electing the President and Vice President. It was ratified on June 15, 1804, and changed a portion of Article II, Section 1, Clause 3, which was how the Electoral College originally functioned.
The 12th Amendment mandates that electors meet in their respective states and vote by ballot for President and Vice-President. One of these two must not be an inhabitant of the same state as the electors. The electors must name in their ballots the person they are voting for as President and, in distinct ballots, the person they are voting for as Vice-President. They must then make distinct lists of all persons voted for as President and Vice-President, along with the number of votes for each. These lists must be signed, certified, and transmitted sealed to the US government, directed to the President of the Senate.
The President of the Senate then opens all the certificates in the presence of the Senate and House of Representatives, and the votes are counted. The person with the greatest number of votes for President shall be the President, provided that this number is a majority of the whole number of Electors appointed. If no person has a majority, then the Senate chooses the President from the two candidates with the highest number of votes.
The same process is followed for the Vice-President. If no candidate for Vice-President has a majority, the Senate chooses the Vice-President from the two candidates with the highest number of votes.
This amendment was a significant restructuring of presidential elections and a revision of American politics in the early 19th century. It addressed issues with the original system, where electors selected two candidates for office, with no differentiation between President and Vice-President, and one had to be from a different state than the electors.
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The candidate with the most votes becomes president
The Twelfth Amendment outlines the procedure for electing the President and Vice President of the United States. It was ratified on June 15, 1804, and changed a portion of Article II, Section 1, which was originally governed by the Electoral College.
The Twelfth Amendment mandates that a distinct vote must be taken for the President and Vice President. The Electors meet in their respective states and vote by ballot for both positions, with at least one of the candidates having to be from a different state. The Electors then make distinct lists of all persons voted for as President and Vice President, along with the number of votes for each. These lists are then sent to the President of the Senate, who opens the certificates in the presence of the Senate and House of Representatives. The votes are then counted.
The Twelfth Amendment was a significant restructuring of presidential elections and a revision of American politics in the early 19th century. It addressed issues such as the differentiation between the President and Vice President, and ensured that the candidate with the most votes became President, with the runner-up becoming Vice President.
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The candidate with the second-highest number of votes becomes vice president
The Twelfth Amendment outlines the procedure for electing the president and vice president of the United States. It was ratified on June 15, 1804, and changed a portion of Article II, Section 1, which previously allowed each member of the Electoral College to cast two electoral votes, with no distinction between electoral votes for president or vice president. The candidate with the majority of electoral votes would become President, and the runner-up would become Vice President.
The Twelfth Amendment mandates that electors vote separately for the president and vice president, and that one of the candidates must not be from the same state as the elector. The person with the greatest number of votes for President becomes the President, provided that the number of votes is a majority of the whole number of electors appointed. If no candidate receives a majority, the House of Representatives chooses the President.
Similarly, the person with the greatest number of votes for Vice President becomes the Vice President, provided that this number is a majority of the whole number of electors appointed. If no candidate receives a majority, the Senate chooses the Vice President from the two candidates with the highest number of votes. This process ensures that the candidate with the second-highest number of votes overall can become Vice President.
The Twelfth Amendment also addresses the possibility that the House of Representatives fails to choose a President by March 4. In this case, the Vice President would take over as President "as in the case of the death or other Constitutional disability of the President". This provision clarified the role of the Vice President and ensured a smooth transition of power in the event of an inability to choose a President.
It is important to note that no person constitutionally ineligible to hold the office of President shall be eligible to hold the office of Vice President. This amendment ensures that the qualifications and eligibility requirements for both positions are consistent and aligned.
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The 25th Amendment addresses presidential succession and disability
The 25th Amendment to the United States Constitution deals with issues related to presidential succession and disability. It outlines the procedures to be followed in the event of the president's death, resignation, or removal from office, as well as addressing situations where the president is unable to discharge their powers and duties temporarily.
In the case of the president's death, resignation, or removal from office, the 25th Amendment states that the vice president shall become the president. This ensures a clear line of succession and maintains continuity in the country's leadership. The amendment also addresses the process of filling a vacancy in the office of the vice president. When such a vacancy occurs, the president nominates a new vice president, who takes office upon confirmation by a majority vote in both Houses of Congress.
One of the key provisions of the 25th Amendment is its mechanism for addressing presidential disability or incapacity. If the president determines that they are unable to discharge their powers and duties, they can voluntarily transfer authority to the vice president by transmitting a written declaration to the President pro tempore of the Senate and the Speaker of the House of Representatives. The vice president then becomes the acting president until the president transmits a written declaration stating that they are once again able to resume their powers and duties.
The 25th Amendment also outlines a process for the vice president and a majority of the principal officers of the executive departments to initiate the transfer of presidential powers and duties. If they submit a written declaration to the President pro tempore of the Senate and the Speaker of the House of Representatives stating that the president is unable to discharge their powers and duties, the vice president immediately assumes those powers and duties as acting president. If the president disputes this declaration, Congress decides the issue, and the vice president continues to act as president until a determination is made.
The 25th Amendment was passed by Congress on July 6, 1965, and ratified on February 10, 1967. It has been invoked on several occasions, including during periods of presidential incapacity due to health issues, and it provides a clear framework for ensuring the continuity of leadership in the event of presidential disability or succession.
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Frequently asked questions
The Twelfth Amendment outlines the procedure for electing the President and Vice President. It was ratified on June 15, 1804, and has governed all subsequent presidential elections.
The Twelfth Amendment mandates that Electors meet in their respective states and cast distinct votes for the President and Vice President. It also stipulates that if no candidate receives a majority vote, the House of Representatives chooses the President, and the Senate chooses the Vice President. Additionally, it addresses the possibility of the House failing to choose a President by March 4, in which case the Vice President would assume the role of President.
Yes, the Twenty-Fifth Amendment addresses issues related to presidential succession and disability. It clarifies that the Vice President becomes President if the President dies, resigns, or is removed from office. It also establishes procedures for filling a vacancy in the office of the Vice President and provides for the temporary transfer of the President's powers and duties to the Vice President in certain circumstances.
