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The 12th Amendment of the United States Constitution details the procedure that the Electoral College uses to elect both the President and Vice President. It was ratified on 15 June 1804, and this procedure has been used in every presidential election since 1804. Prior to the 12th Amendment, the Electoral College used the process defined in Article II, Section 1, Clause 3 of the U.S. Constitution. The constitutional amendment was the result of potential problems with the electoral process. After the elections of 1796 and 1800, it became apparent that designating the candidate with the second highest votes as Vice President could put a rival to the President in that position.
Under the process defined in Article II, each of the Electoral College electors had two votes for President. As long as one person received a majority of votes, that person became President, while the candidate receiving the second highest number of votes became Vice President. In the election of 1796, candidates from different parties became President and Vice President. In the 1800 election, a tie occurred, resulting in a difficult decision by the House of Representatives for President. The 12th Amendment called for each elector to have one vote for President and one for Vice President, rather than two for President to remedy these problems.
If no candidate receives a majority of the electors’ votes, the top candidates are then put to a vote in the House of Representatives. Each state is granted one vote and a quorum of the states must be represented as designated in Article II. Prior to the 12th Amendment, the House of Representatives could vote on the top five names. With the amendment, no more than three could be considered. A majority vote based on all the states, not just the quorum, is required for electing the President.
The election of the Vice President goes to the Senate when no candidate receives the majority of votes in the Electoral College. Unless there is a tie for second place in the electoral vote, the Senate votes on the top two candidates for Vice President. In this case, all the tied candidates are considered. The amendment states that no person ineligible to become President can become Vice President.
If no candidate for President can be decided upon by the House of Representatives by inauguration day, the Vice President elect then acts as President until one is elected. At the time the 12th Amendment was ratified, the date of the inauguration was the 4th of March. The 20th Amendment, ratified in 1933, changed this to the 20th of January. This amendment also states that Congress may decide how to select an acting President if neither a President nor Vice President are chosen by inauguration day.
Frequently Asked Questions
What is the purpose of the 12th Amendment?
The 12th Amendment to the U.S. Constitution, ratified in 1804, was designed to refine the presidential election process. It established separate ballots for the election of the president and vice president in the Electoral College. This change was a response to the election of 1800, where the original process outlined in Article II, Section 1, of the Constitution led to a tie between Thomas Jefferson and Aaron Burr, creating a political crisis that the 12th Amendment aimed to prevent in future elections.
How did the 12th Amendment change the Electoral College system?
Before the 12th Amendment, electors would cast two votes for president, with the runner-up becoming vice president. The amendment altered this by requiring electors to cast one vote for president and one for vice president, ensuring that candidates for each office were clearly distinguished. This change aimed to avoid electoral ties and conflicts of interest, promoting a more stable political structure for the executive branch.
What happens if no candidate receives a majority of Electoral College votes for president or vice president?
According to the 12th Amendment, if no presidential candidate receives a majority of Electoral College votes, the House of Representatives selects the president from the top three candidates, with each state delegation having one vote. If no vice presidential candidate receives a majority, the Senate chooses the vice president from the top two candidates, with each senator casting one vote. This ensures that even in the absence of a clear majority, a president and vice president can be elected.
Has the 12th Amendment ever been put into action to resolve an electoral issue?
Yes, the 12th Amendment was notably put into action in the 1824 election. No candidate received a majority of Electoral College votes, so the House of Representatives decided the outcome. John Quincy Adams was elected president by the House, even though Andrew Jackson had won the most electoral and popular votes. This event, known as the "Corrupt Bargain," highlighted the amendment's role in resolving electoral deadlocks.
Are there any criticisms or controversies associated with the 12th Amendment?
Critics of the 12th Amendment argue that it can lead to a president and vice president being elected without a popular mandate if the election is decided by Congress. Additionally, the amendment's reliance on the Electoral College system has been a point of contention, as it can result in a president being elected without winning the popular vote, which has occurred in several U.S. elections, most recently in 2000 and 2016. These controversies continue to fuel debates about the effectiveness and fairness of the U.S. electoral system.