Simone Lawson
The 12th Amendment to the US Constitution, ratified in 1804, was added to address flaws in the original system of electing the President and Vice President. The amendment was a response to the 1800 election, where Thomas Jefferson and Aaron Burr, both Anti-Federalists, received the same number of electoral votes, resulting in a prolonged contingent election. The 12th Amendment simplified the process by requiring separate votes for President and Vice President, preventing a President and Vice President from being of different political parties, and reducing the number of candidates in a contingent election.
| Characteristics | Values |
|---|---|
| Date of approval by Congress | December 9, 1803 |
| Date of ratification by states | June 15, 1804 |
| Reason for addition | To modify the way the Electoral College chooses the president and vice president |
| Changes | Each member of the Electoral College must cast one electoral vote for president and one electoral vote for vice president; the House chooses the president from the top three choices of the electors; the Senate chooses the vice president from the top two choices of the electors; no individual constitutionally ineligible to be president can be vice president |
| Effect | Effective in eliminating most ties and deadlocks |
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What You'll Learn
To prevent a president and vice president from different parties
The Twelfth Amendment to the United States Constitution was ratified on June 15, 1804, and modified the way the president and vice president are chosen by the Electoral College. The original process, which led to the election of Thomas Jefferson and John Adams in 1796, saw the presidential candidate with the most electoral votes win the presidency, while the runner-up became the vice president. This resulted in a president and vice president from different parties with differing political views, making governance more challenging.
The Twelfth Amendment addressed this issue by requiring electors to cast distinct votes for president and vice president, ensuring they were elected together as a team from the same party. This amendment also introduced the requirement that one of the candidates must not be from the same state as the elector, promoting geographical diversity in the leadership.
The amendment also changed the procedure in the event of a tie or no majority for the presidential or vice-presidential candidate. Instead of the House of Representatives choosing the president from the top five candidates and the runner-up becoming the vice president, the amendment mandated that the House would choose the president from the top three candidates, and the Senate would select the vice president from the top two candidates for that office. This guaranteed that there would always be a vice president, who could assume the responsibilities of the president during the inter-term phase if necessary.
The Twelfth Amendment has been effective in preventing ties and deadlocks in most elections since its ratification. It has ensured that the president and vice president are from the same party, promoting cohesive governance and reducing the likelihood of conflicts arising from differing political ideologies within the executive branch.
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To prevent a president and vice president from the same state
The Twelfth Amendment to the US Constitution was proposed by the 8th US Congress on December 9, 1803, and was ratified on June 15, 1804. The amendment was a response to the 1800 election, where Thomas Jefferson and Aaron Burr, both Anti-Federalists, were tied in the Electoral College. This situation became known as the "Burr dilemma".
The Twelfth Amendment was designed to prevent a repeat of this situation by requiring members of the Electoral College to cast one electoral vote for president and one electoral vote for vice president. This was a change from the original system, where each elector voted for two candidates for president, with the candidate receiving the most votes becoming president, and the candidate with the second-highest number of votes becoming vice president.
The Twelfth Amendment also addressed the issue of having a president and vice president from the same state. The amendment stipulated that one of the candidates must not be an inhabitant of the same state as the elector. This was to ensure that the small states had a chance to elect the vice president, who would act as a check on the president's powers. This aspect of the amendment was crucial in preventing deadlocks and ensuring that the president and vice president were elected together, from the same political party.
The Twelfth Amendment also changed the process of electing the president and vice president in the case of a tie or no majority. Under the original Constitution, the House of Representatives would choose the president from the top five candidates, and the person coming in second would become vice president unless there was a tie for second place, in which case, the Senate would choose between them. The Twelfth Amendment altered this by having the House choose only the president from the top three choices, and the Senate choose the vice president from the top two choices. This guaranteed that there would always be a vice president, who could take over the presidency if needed.
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To prevent a president and vice president who won't work together
The Twelfth Amendment to the US Constitution was added to prevent a situation in which the president and vice president would not work together. The amendment outlines the procedure for electing the president and vice president, specifically so that they are elected together.
The amendment was added after the 1796 election, in which the Democratic-Republican Party presidential candidate, Thomas Jefferson, became the vice president to outgoing President John Adams of the Federalist Party. The two had conflicting views, with Adams pursuing a pro-British foreign policy, while Jefferson was strongly pro-French. This situation was termed the "Burr dilemma".
The Twelfth Amendment modifies the way the Electoral College chooses the president and vice president. It mandates that a distinct vote must be taken for each position, with each elector casting one electoral vote for president and one electoral vote for vice president. This prevents the president and vice president from being from different parties, which had made governance more difficult.
The amendment also stipulates that one of the candidates must not be an inhabitant of the same state as the elector. In the case of a tie or if no candidate gets a majority, the House of Representatives chooses the president, and the Senate chooses the vice president. This ensures that there is always a vice president, who can take on the responsibilities of the president while a proper candidate is chosen by Congress.
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To prevent ties and deadlocks
The Twelfth Amendment was added to the US Constitution to prevent ties and deadlocks in the Electoral College. Before the amendment, the Electoral College voted for two candidates for office, with the presidential candidate receiving the most votes winning the presidency, and the runner-up becoming vice president.
This led to a situation in 1796 where the president and vice president were from different parties, with different political views, making governance difficult. In 1800, Thomas Jefferson and Aaron Burr, both Anti-Federalists, were tied in the Electoral College vote, leading to a prolonged contingent election that was only resolved on the 36th ballot, with Jefferson finally elected president.
The Twelfth Amendment addressed this issue by requiring each member of the Electoral College to cast one electoral vote for president and one electoral vote for vice president. This guaranteed that the president and vice president would be from the same party and, in effect, that they would be running mates. The amendment also changed the number of candidates in a contingent election from five to three, with the House choosing the president from the top three choices, and the Senate choosing the vice president from the top two choices. This ensured that there would always be a vice president, who could take over the presidency if needed.
The Twelfth Amendment was effective in eliminating most ties and deadlocks, with no contingent elections decided in the House since 1824. However, unorthodox voting patterns and results have still occurred, and the amendment's impact has been limited to addressing ties within the Electoral College system, rather than providing a more direct and accommodating method of voting for citizens.
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To prevent unqualified candidates
The Twelfth Amendment to the United States Constitution was proposed by Congress on December 9, 1803, and ratified by three-quarters of state legislatures on June 15, 1804. The amendment was designed to prevent unqualified candidates from becoming vice president and to restructure the process of electing the president and vice president.
Previously, the Electoral College functioned under Article II, Section 1, Clause 3 of the Constitution, where each elector cast two votes with no distinction between votes for president or vice president. This led to the election of Thomas Jefferson as the third President of the United States, marking the first time an incumbent leader was defeated by a challenger. This also resulted in a tie between Jefferson and Aaron Burr, both of the Anti-Federalist Party, for the presidency. The House of Representatives had to break the tie, ultimately choosing Jefferson after thirty-five gridlocked ballots.
The Twelfth Amendment addressed this issue by mandating that electors cast one vote for president and one vote for vice president, with one of the selected candidates not being from the same state as the elector. This ensured that the vice president would be qualified and capable and prevented the possibility of multiple candidates winning a majority of electoral votes for president. In the case of a tie or no candidate receiving a majority for vice president, the Senate would choose the vice president.
The amendment also provided that if no presidential candidate received a majority, the House of Representatives would choose the president. This process aimed to prevent unqualified candidates from assuming the office of president or vice president and gave more structure to the election process, reducing ties and deadlocks in most elections.
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Frequently asked questions
The 12th Amendment was added to the US Constitution to simplify the process of electing a President and Vice President from the same political party.
The original US Constitution did not differentiate between votes for President and Vice President. Each elector voted for two candidates for President, and the candidate with the second-highest number of votes became Vice President. This could result in a President and Vice President with opposing political views.
The 12th Amendment required each member of the Electoral College to cast one electoral vote for President and one electoral vote for Vice President. The House of Representatives would choose the President if no candidate received a majority, but the Senate would choose the Vice President from the top two candidates.
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