Isabella Carter
The Twelfth Amendment, proposed by Congress in 1803 and ratified in 1804, changed the process of casting electoral votes. Electors now have two separate ballots. They cast votes for the president on one ballot and the vice president on the other. The amendment also changed the process for contingent elections in Congress held in the event of a tie vote. The Twentieth Amendment superseded the bracketed section of the Twelfth Amendment in 1933.
| Characteristics | Values |
|---|---|
| Amendment number | 12th Amendment |
| Date proposed by Congress | December 9, 1803 |
| Date ratified | June 15, 1804 |
| Number of states that ratified | 13 of 17 states |
| Number of ballots before Jefferson was elected president | 36 |
| Date Jefferson was elected president | February 17, 1801 |
| Amendment number | 20th Amendment |
| Section of the 12th Amendment superseded by the 20th Amendment | Sections 1, 2, and 3 |
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What You'll Learn
The 12th Amendment: Separate votes for President and Vice President
The 12th Amendment to the United States Constitution, which was 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 proposed by Congress on December 9, 1803, and was ratified by three-quarters of state legislatures. The new rules took effect for the 1804 presidential election and have governed all subsequent presidential elections.
The 12th Amendment was a response to the 1800 election, in which Thomas Jefferson and Aaron Burr, both of the Democratic-Republican Party, received the same number of votes. This resulted in a contingent election in the House of Representatives, which lasted for 36 ballots before Jefferson was finally elected. This prolonged election highlighted the flaws in the original system and led to calls for a constitutional amendment.
The 12th Amendment mandates that electors cast separate votes for president and vice president, preventing multiple candidates from receiving a majority of electoral votes for president. It also stipulates that if no candidate receives a majority, the House selects the winner from the top three vote-getters, not just the top two. Additionally, the amendment gives the Senate the responsibility to select the vice president if no candidate wins a majority of the vice-presidential electoral vote.
The 12th Amendment also addresses the issue of a potential power vacuum during the inter-term phase by stating that the newly elected vice president will act as president if the House of Representatives fails to select a president by inauguration day. It also specifies that no individual constitutionally ineligible to be president can serve as vice president.
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12th Amendment: Contingent elections in Congress
The 12th Amendment to the United States Constitution, also known as Amendment XII, provides 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 12th Amendment replaced the original procedure outlined in Article II, Section 1, Clause 3, which governed how the Electoral College functioned.
The 12th Amendment was a response to the 1800 presidential election, in which Thomas Jefferson and Aaron Burr, both Democratic-Republicans, received the same number of electoral votes. This tie meant that the House of Representatives had to decide the winner, and after 36 ballots, the House selected Jefferson. This contentious outcome highlighted the need for a change in the system.
The 12th Amendment introduced several key changes to the Electoral College system. Firstly, it required electors to cast separate votes for president and vice president, preventing multiple candidates from receiving a majority of electoral votes for president. Secondly, it established that in the event of a tie or no candidate receiving a majority of electoral votes, the House of Representatives would hold a contingent election to select the president from the top three vote-getters. Additionally, the amendment gave the Senate the responsibility to choose the vice president if no candidate received a majority of vice-presidential electoral votes.
The 12th Amendment also addressed the scenario where the House of Representatives fails to select a president by inauguration day. In such cases, the amendment stipulated that the vice president would act as president until a decision was made. Furthermore, it included a provision that no individual constitutionally ineligible to be president could serve as vice president.
Since its ratification, the 12th Amendment has governed all subsequent presidential elections. However, it is important to note that the term "electoral college" is not mentioned in the Constitution, and the process has been the subject of numerous reform proposals over the years.
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12th Amendment: Role of the Senate
The 12th Amendment to the United States Constitution, which was proposed by 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 12th Amendment was a response to the 1800 election, in which Thomas Jefferson and Aaron Burr, both Democratic-Republicans, received the same number of votes. This resulted in a contingent election in the House of Representatives, where Federalists voted for Burr to prevent Jefferson from becoming president. After 36 ballots, the House selected Jefferson, but the prolonged election highlighted flaws in the system.
The 12th Amendment altered the Electoral College process by requiring electors to cast separate votes for president and vice president, preventing multiple candidates from receiving a majority of electoral votes for president. It also gave the Senate the responsibility to select the vice president if no candidate received a majority of vice-presidential electoral votes. The amendment stipulated that the vice president would act as president if the House of Representatives failed to select a president by inauguration day and that no one constitutionally ineligible to be president could serve as vice president.
The 12th Amendment also addressed the issue of electors from the same state as the candidates. It required electors to meet in their respective states and vote by ballot for president and vice president, with at least one candidate not being an inhabitant of the same state as the electors. The ballots are then transmitted to the President of the Senate, who opens and counts the votes in the presence of the Senate and House of Representatives.
The 12th Amendment has been invoked in subsequent elections, such as in 1836 when the Whig Party attempted to deny the Democratic nominee an electoral majority. While the Whigs' strategy ultimately failed, it highlighted the complexities of the Electoral College system. The amendment has been modified over time, with Sections 1, 2, and 3 of the 20th Amendment superseding certain provisions in 1933.
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20th Amendment: Date change
The 20th Amendment to the U.S. Constitution altered the Electoral College system by changing the dates of the Congressional and Presidential sessions. The amendment moved the date that Congress convened from March 4 to January 3, reducing the "lame duck" period between election day in November and Inauguration Day by about six weeks. This change was made to address the long, four-month lame-duck period between the election and inauguration of a new president, which could impede the functioning of the government.
The 20th Amendment established that the terms of the President and Vice President shall end at noon on January 20, and the terms of Senators and Representatives shall end at noon on January 3. This change ensured that the incoming Congress, rather than the outgoing one, would hold a contingent election if the Electoral College deadlocked regarding the presidential or vice-presidential elections. Additionally, it moved the yearly start date of congressional sessions from the first Monday in December to noon on January 3.
The amendment also addressed the scenario where the President-elect dies before Inauguration Day. In such cases, the Vice President-elect will be sworn in as President and serve the full four-year term. Furthermore, it clarified that if the President-elect fails to meet the qualifications of the office before Inauguration Day, the Vice President-elect will act as President until a qualified individual assumes the role.
The changes made by the 20th Amendment to the date structure of the political process had a significant impact on the functioning of the government. By reducing the lame-duck period, it aimed to ensure a smoother transition and more effective governance in modern times.
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20th Amendment: Superseding the 12th Amendment
The 20th Amendment, which superseded the 12th Amendment, was passed by Congress on March 2, 1932, and ratified on January 23, 1933. This amendment altered the date that Congress convened from March 4 to January 3, reducing the "lame duck" period and the presidential transition by about six weeks.
The 20th Amendment also established that the incoming Congress, rather than the outgoing one, would elect the President and Vice President if no candidate received an electoral majority. This change was made to prevent a situation similar to the 1800 election, where Thomas Jefferson and Aaron Burr, both of the Democratic-Republican ticket, received the same number of votes. The House of Representatives was tasked with breaking the tie, and after 36 ballots, Jefferson was elected.
The 12th Amendment, ratified in 1804, provided that each member of the Electoral College would cast one electoral vote for President and one electoral vote for Vice President, making it impossible for two candidates for President to each receive a majority of electoral votes. The 20th Amendment further refined this by specifying that the terms of the President and Vice President would end at noon on January 20, with the terms of their successors beginning at that time.
In addition, the 20th Amendment addressed the scenario where the President-elect dies before Inauguration Day, stipulating that the Vice President-elect would be sworn in as President and serve the full four-year term. This amendment also set the start and end dates for congressional terms, reducing the duration of "lame duck" congressional sessions.
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Frequently asked questions
The Electoral College is a body of electors that was established in Article II of the US Constitution as a compromise between electing the President by a vote in Congress and a popular vote of qualified citizens.
The 12th Amendment changed the process of casting electoral votes. Electors now have two separate ballots, one for the President and one for the Vice President. It also changed the process for contingent elections in Congress held in the event of a tie vote.
In 1800, Thomas Jefferson and Aaron Burr, both on the Democratic-Republican ticket, received the same number of votes. This led to a tie vote, which meant the House of Representatives had to pick the winner. After 36 ballots, the House selected Jefferson. This prolonged process, along with increasing Democratic-Republican majorities in the House and Senate, led to the 12th Amendment.
Yes, the 20th Amendment moved the date that Congress convened from March 4 to January 3. This meant that the newly elected House, rather than the previous House, would elect the President if no candidate received an electoral majority.
