Twelfth Amendment to the United States Constitution

12th Amendment Pg1of1 AC

A certificate for the electoral vote for Rutherford B. Hayes and William A. Wheeler for the State of Louisiana dated 1876 part 6

The Twelfth Amendment (Amendment XII) to the United States Constitution provides the procedure for electing the President and Vice President. It replaced the procedure provided in Article II, Section 1, Clause 3, by which the Electoral College originally functioned. The amendment was proposed by the 8th United States Congress on December 9, 1803, and was ratified by the requisite number of state legislatures on June 15, 1804.

Background

The need for the Twelfth Amendment arose after the election of 1800, which revealed flaws in the original procedure established by Article II, Section 1, Clause 3 of the Constitution. Under the original procedure, each elector in the Electoral College cast two votes for President, and the candidate with the majority of votes became President, while the runner-up became Vice President. This system led to a tie between Thomas Jefferson and Aaron Burr, both of whom were members of the Democratic-Republican Party. The tie was resolved by the House of Representatives, which chose Jefferson as President.

Provisions

The Twelfth Amendment requires electors to cast separate ballots for President and Vice President, rather than two votes for President. This change was intended to prevent the occurrence of a tie between candidates from the same party. The amendment also specifies that if no candidate for President receives a majority of the electoral votes, the House of Representatives will choose the President from the top three candidates, with each state delegation having one vote. Similarly, if no candidate for Vice President receives a majority of the electoral votes, the Senate will choose the Vice President from the top two candidates.

Text

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;—The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;—The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.—The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Impact

The Twelfth Amendment has had a significant impact on the functioning of the Electoral College and the election of the President and Vice President. By requiring separate ballots for these offices, it has helped to prevent the confusion and complications that arose in the election of 1800. The amendment has also influenced the development of the two-party system in the United States, as it encourages the selection of running mates from the same party.

Related Pages

• United States Constitution
• Electoral College (United States)
• United States presidential election of 1800
• Thomas Jefferson
• Aaron Burr
• Democratic-Republican Party (United States)
• 8th United States Congress
• United States House of Representatives
• United States Senate

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