Simone Lawson
The Twelfth Amendment to the Constitution of the United States sets out the procedure for electing the President and Vice President. The Electoral College is a formal body that elects the President and Vice President of the United States. The Twelfth Amendment 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 ratified by three-quarters of state legislatures on June 15, 1804. The Amendment states that electors shall meet in their respective states and vote by ballot for President and Vice-President, with no two inhabitants of the same state. The person with the greatest number of votes for Vice-President becomes the Vice-President if they have a majority of the whole number of electors appointed.
| Characteristics | Values |
|---|---|
| Amendment number | Twelfth Amendment (Amendment XII) |
| Date proposed | December 9, 1803 |
| Date ratified | June 15, 1804 |
| Number of states that ratified | 13 of 17 states |
| Purpose | To tweak how electors selected the president and vice president |
| Changes | Electors now cast one vote for president and one for vice president; the Senate chooses the vice president if no candidate has a majority |
| Other changes | The Senate selects the Vice President if no candidate won a majority of the Vice Presidential electoral vote; the Vice President acts as President if the House of Representatives fails to select a President by inauguration day |
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What You'll Learn
The 12th Amendment
The Twelfth Amendment to the United States Constitution outlines the procedure for electing the president and vice president. It was proposed by the 8th United States Congress on December 9, 1803, and was ratified by three-fourths of state legislatures on June 15, 1804. The amendment restructured presidential elections and revised American politics in the early 19th century.
The Twelfth Amendment mandates that electors cast distinct votes for the president and vice president, instead of two votes for president. It also stipulates that one of the candidates must not be from the same state as the elector. In the case of a tie or no candidate receiving a majority, the House of Representatives chooses the president, and the Senate chooses the vice president.
The Twelfth Amendment also addresses the possibility of the House failing to choose a president by March 4. In such a case, the vice president would take over as president until a decision was made. This scenario was considered unlikely due to the Democratic-Republican dominance at the time.
The amendment was a response to the election of 1800, which exposed serious problems with the Electoral College. The original voting process forced the House of Representatives to choose between two candidates, Thomas Jefferson and Aaron Burr, who were originally running mates. The Twelfth Amendment was designed to prevent such an outcome in future elections.
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The role of electors
The Founding Fathers established the Electoral College, which is a process for electing the President and Vice President of the United States. The process consists of the selection of electors, the meeting of the electors where they vote for President and Vice President, and the counting of the electoral votes by Congress.
The Electoral College is comprised of electors, who are chosen by each state. The U.S. Constitution contains very few provisions relating to the qualifications of electors. Article II, section 1, clause 2 provides that no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an elector. Electors are typically chosen by each state's political parties before the general election. The electors then meet and vote for the presidential candidate who won the popular vote in their state.
The Twelfth Amendment to the Constitution, ratified in 1804, set forth the procedure for how electors select the President and Vice President. It states that electors shall meet in their respective states and vote by ballot for President and Vice-President, with at least one of them not being an inhabitant of the same state as the electors. The person with the greatest number of votes for Vice-President will be the Vice-President, if they have a majority of the whole number of electors appointed. If no person has a majority, then the Senate shall choose the Vice-President from the two highest vote-getters.
The Electoral College has been the subject of much debate in recent years, with many proposals introduced in Congress to reform or eliminate it. However, it remains an integral part of the U.S. Constitution and the process for electing the President and Vice President.
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The Vice President's role
The Twelfth Amendment to the United States Constitution, ratified in 1804, outlines the process by which the President and Vice President are elected, specifically detailing the role of the Electoral College in this process. This amendment was a response to the challenges and ambiguities that arose during the 1796 and 1800 presidential elections, where the original constitutional design for presidential elections proved inadequate. The role of the Vice President of the United States is unique and multifaceted, with a range of responsibilities that support the executive branch and the President.
The Vice President's primary role is to be ready to assume the presidency should the need arise. This is outlined in the Constitution, which states that the Vice President becomes President if the President is removed from office, dies, or resigns. This aspect of the role is often referred to as "a heartbeat away from the presidency," underscoring the Vice President's critical role in ensuring continuity of government. The Vice President is also the presiding officer of the Senate, where most legislation originates. While they only cast a vote in the event of a tie, the Vice Presidential role in the Senate is still influential. By recognizing and interpreting rules, they can guide debate and influence the legislative process.
Additionally, the Vice President often serves as a key advisor and surrogate for the President, representing them at official events, both domestically and internationally. They may also be tasked with specific projects or initiatives by the President, leveraging their unique position to advance the administration's agenda. For example, Vice President Al Gore led a initiative to streamline and reform the federal government's bureaucratic processes during the Clinton administration. Another important aspect of the Vice President's role is to engage in diplomatic efforts and represent the United States abroad.
They may undertake foreign trips, meet with foreign leaders, and engage in diplomatic initiatives, often serving as a key emissary of the President. For instance, Vice President Joe Biden was instrumental in managing the United States' relationship with Ukraine and its Western integration during his tenure. Lastly, the Vice President can play a crucial role in shaping policy and driving political change. They often advocate for specific issues or policies, leveraging their position to bring attention and support to causes they believe in. For example, Vice President Kamala Harris has been vocal about issues pertaining to voting rights, women's empowerment, and immigration reform.
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The popular vote
The Electoral College is comprised of electors, who typically cast their votes for the presidential candidate who won the popular vote in each state. The 12th Amendment, ratified in 1804, set out the procedure in more detail, including how electors selected the president and vice president. It also gave the Senate responsibility to select the Vice President if no candidate won a majority of the Vice Presidential electoral vote.
The Electoral College has been the subject of much debate in recent years, with many proposals for Constitutional amendments to change it. Critics argue that it consigns most states to "spectator" status in presidential elections, reduces voter turnout, and dramatically polarizes the nation's politics. Supporters argue that it preserves an important dimension of state-based federalism and guarantees that Presidents will have nationwide support.
The National Popular Vote Plan is a recent proposal to address the problems of the Electoral College without amending the Constitution. Other constitutional amendments that have altered the Electoral College include the 20th Amendment, which changed the date that Congress convened, and the 23rd Amendment, which awarded the District of Columbia electoral votes.
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Reforming the Electoral College
The Founding Fathers established the Electoral College as a compromise between the election of the President by a vote in Congress and election by popular vote. The term "electoral college" does not appear in the Constitution, but Article II, Section 1, outlines the Electoral College, and the 12th Amendment provides further details on the procedure.
The Electoral College has been criticised for being undemocratic, and there have been over 700 proposals to reform or eliminate it since 1800. Many Americans have never fully embraced the system, as it treats votes unequally, giving them more or less weight based on where voters live. This encourages campaigns to focus on swing states and can result in candidates skewing public policy to benefit them. The Electoral College can also enable the candidate who loses the popular vote to win the presidency, as seen in the 2016 election where Hillary Clinton received 2.87 million more votes than Donald Trump but lost the election.
Proponents of reform argue that the Electoral College does not provide for direct democratic election, advantages less populous states, and allows a candidate to win without winning the most votes. They suggest that a national popular vote would be more democratic and encourage candidates to be elected by the people, not the parties.
Opponents of reform, however, argue that abolishing the Electoral College would reduce the political influence of small states. They also argue that the current system is stable and reliable, while a direct election could lead to unreliability and unpopular candidates winning.
Some proposed reforms include:
- Constitutional amendments to replace the Electoral College with the popular election of the President and Vice President.
- Encouraging states to reform the Electoral College process through steps such as awarding the majority of Electoral College votes to the national popular vote winner.
- Splitting the Electoral College at the state level according to the percentage of votes a candidate receives, so that every vote counts.
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Frequently asked questions
The Electoral College is a formal body that elects the President and Vice President of the United States.
The Twelfth Amendment sets out the procedure for electing the President and Vice President. It was proposed by Congress in 1803 and ratified in 1804.
The Twelfth Amendment changed the way electors selected the President and Vice President. Under the new rules, each member of the Electoral College cast one electoral vote for President and one electoral vote for Vice President.
The Twentieth Amendment moved the date that Congress convened, meaning that the newly elected House, rather than the previous House, would elect the President if no candidate received an electoral majority. The Twenty-third Amendment awarded the District of Columbia the same number of electoral votes as the least populous state.
