12th amendment

Why was the 12th amendment created

In any event, the Twelfth Amendment, though probably unknown to most Americans, has not only a fascinating history but, much more importantly, has the capacity to play a key role should we ever become a multi-party system as was the case in and in which enough candidates get electoral votes to deprive anyone of a majority and thus force election by the House. The Constitution also provided that the House would choose in case of a tie vote between two candidates each of whom had received a majority of votes. In the House, each state delegation would cast one vote, with a candidate needing the votes of a majority of delegations to be elected president. Shortly after the committee was formed, Federalist Benjamin Huger attempted to add a provision regarding district elections to the proposed amendment, but the committee ignored him. Even within the electoral college, we could imagine voting for two slates of electors, one charged with choosing the president, the other picking the vice president. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. William Cocke of Tennessee took a different approach when he argued that the entire small state argument of the Federalists was simply out of self-interest. Vacancy in offices of both President and Vice President; officers eligible to act. At such joint meeting of the two Houses seats shall be provided as follows: For the President of the Senate, the Speaker's chair; for the Speaker, immediately upon his left; the Senators, in the body of the Hall upon the right of the presiding officer; for the Representatives, in the body of the Hall not provided for the Senators; for the tellers, Secretary of the Senate, and Clerk of the House of Representatives, at the Clerk's desk; for the other officers of the two Houses, in front of the Clerk's desk and upon each side of the Speaker's platform. The second was that the electors did not differentiate between the two persons as potential presidents or vice presidents. Samuel Smith of Maryland argued that the presidency ought to be as closely accountable to the people as possible. However, the vote within the House is by state, not by representative.

Another of Smith's arguments was simply the election of Political scientists have determined that voters rarely cast their vote on the basis of the vice presidential candidate. As the influence of politics in government grew, the problems of this system became clear.

15th amendment

Intended to address unforeseen political problems resulting from the presidential elections of andthe 12th Amendment replaced the procedure originally provided for in Article II, Section 1.

The number of electors shall be equal to the number of Senators and Representatives to which the several States are by law entitled at the time when the President and Vice President to be chosen come into office; except, that where no apportionment of Representatives has been made after any enumeration, at the time of choosing electors, the number of electors shall be according to the then existing apportionment of Senators and Representatives.

12th amendment quizlet

Exactly as the Framers intended, the U. Failure to make choice on prescribed day. That is, just as in many states candidates for governor and lieutenant governor run entirely separate campaigns, meaning that sometimes the governor is from one party and the lieutenant governor from another, one could imagine separate elections for the president and vice president. Instead, all of the presidential candidates ran together as a group, with the candidate who got the most electoral votes elected president and the runner-up becoming vice president. This prohibition was designed to keep electors from voting for two " favorite sons " of their respective states. However, the Federalist electors scattered their second votes, resulting in the Democratic-Republican Party presidential candidate, Thomas Jefferson , receiving the second highest number of electoral votes and thus being elected Vice President. The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President. But if the counting of the electoral votes and the declaration of the result shall not have been completed before the fifth calendar day next after such first meeting of the two Houses, no further or other recess shall be taken by either House. William Cocke of Tennessee took a different approach when he argued that the entire small state argument of the Federalists was simply out of self-interest. The election of and all subsequent elections were carried out under the terms of the Twelfth Amendment. Should an election result in a tie, the House of Representatives would chose for whom to cast votes, on the basis of a one-vote-per-state formulation, from among the top three electoral vote recipients. The emergence of partisan political activity caused the failure of the original constitutional plan. At least two senators expressed their reservations about the quality of vice presidential candidates.

Designation, argued Griswold and Huger, would violate the spirit of the Constitution by taking away a check on the power of the large states. Senator Samuel White of Delaware claimed that the original procedure had not been given "a fair experiment" and criticized the proposed amendment for entrenching the two-party system that had taken over presidential elections.

How does the 12th amendment affect us today

On the other side, Wilson Cary Nicholas was simply worried that Congress would not submit the amendment in time for the states to ratify it before the election. The candidate with the highest total, if a majority, would become president and the second place finisher would become vice president. Whichever candidate received the second greatest number of votes became Vice President. Wex Resources. That president, John Adams, a Federalist, was opposed in his bid for a second term by his Democratic-Republican vice president Thomas Jefferson. Determination of controversy as to appointment of electors. On October 20, the House appointed a seventeen-member committee one Representative from each state to fine-tune the amendment. Even within the electoral college, we could imagine voting for two slates of electors, one charged with choosing the president, the other picking the vice president. The two people chosen by the elector could not both inhabit the same state as that elector. Since there were seventeen states in the Union at the time, thirteen were needed for ratification. On the day thereafter they shall forward by registered mail two of such certificates and lists to the Archivist of the United States at the seat of government, one of which shall be held subject to the order of the President of the Senate. Shortly thereafter, Clinton won a vacant seat in the U. Modified by Amendment XX, Section 3. That would have allowed the House to choose among the top three. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Is he honest? Meeting and vote of electors.

12th amendment summary

Article II, Section 1 of the original Constitution provided for Electoral College electors to submit single ballots with two names, but no designation of president and vice president. Since there were seventeen states in the Union at the time, thirteen were needed for ratification. Political scientists have determined that voters rarely cast their vote on the basis of the vice presidential candidate. Jefferson managed to secure a majority of pledged electors, but the margin in was so slim that there was little room for error if the Democratic-Republicans were to avoid repeating the Federalists' miscues of In , this meant that the president and the vice president were from different parties and had different political views, making governance more difficult. The 12th Amendment provided the following remedies: separate ballots are used for president and vice president the candidates with the greatest number of votes for each office will be elected if that number constitutes a majority of the total electors if a majority for the president is lacking, the House of Representatives shall vote by state from among the three highest candidates if a majority for the vice president is lacking, the Senate shall vote by state from among the two highest candidates the vice president must meet the same constitutional requirements as provided for the president. What this means, practically speaking, is that in contemporary America, Wyoming, the smallest state with under , people, would have the same say in choosing a new president as California, with a population nearly 70 times that of Wyoming. It soon became apparent that having a Vice President and a President unwilling to work together effectively was going to be a more significant problem than was originally realized. They shall forthwith forward by registered mail one of the same to the President of the Senate at the seat of government.

Although the provision does not directly disqualify a vice president who is from the same state as the president, the provision disqualifies the electors from that state from voting for both offices.

On October 20, the House appointed a seventeen-member committee one Representative from each state to fine-tune the amendment.

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12th Amendment: Fixing the Electoral College