A review of the 12th amendment

If there were more than one individual who received the same number of votes, and such number equaled a majority of the electors, the House of Representatives would choose one of them to be President.

The Twelfth Amendment was proposed by Congress on December 9, and was later ratified by the required number of state legislatures on June 15, The 8th Congress would allow the Democratic-Republicans a better chance of meeting the two-third vote requirement for submitting a proposed Constitutional amendment.

The two amendments were not considered until early because the state legislature took a break for the summer and winter. This provision was superseded by Sections 1 and 3 of the Twentieth Amendment in Dana of Connecticut wanted to examine the necessity of a Vice President.

What is the Twelfth Amendment. In either case, a majority of state delegations in the House was necessary for a candidate to be chosen to be President. North Carolina December 21, 2. Unlike the President, the Vice President did not require the majority vote of electors.

Eleventh Amendment to the United States Constitution

New Jersey February 22, Given the technical limitations of 18th century communications, Democratic-Republicans electors in all states were left to assume that an elector in another state was the one responsible for casting the one abstention necessary to ensure the election of unofficial Vice Presidential nominee Aaron Burr to that office.

That would have allowed the House to choose among the top three. Among other possibilities explored in the last five minutes as the final show concluded, was that her vice-presidential running mate who could be chosen by the Senate might in fact end up as President should the House be unable to decide between the two somewhat unpopular and flawed presidential candidates.

The Twelfth Amendment was proposed by Congress on December 9, and was later ratified by the required number of state legislatures on June 15, Small Federalist states disliked the change from five to three, because it made it far less likely that a small-state candidate would make it to a contingency election.

Huger even asserted that the Constitution itself was not a union of people, but a union of large and small states in order to justify the original framework for electing the President. That very possibility might serve to discipline presidential candidates more than is now the case, especially because candidates who win the presidential nomination today basically exercise unlimited discretion in choosing their running mates.

Twelfth Amendment to the United States Constitution

The election exposed a defect in the original formula in that if each member of the Electoral College followed party tickets, there could be a tie between the two candidates from the most popular ticket. Before the 12th amendment, every candidate running for President ran for President by himself, regardless of political party.

Given the technical limitations of 18th century communications, Democratic-Republicans electors in all states were left to assume that an elector in another state was the one responsible for casting the one abstention necessary to ensure the election of unofficial Vice Presidential nominee Aaron Burr to that office.

John Quincy Adams argued that the change from five to three gave an advantage to the people that violated the federative principle of the Constitution. In essence, the states balanced the power of the people.

Assemblyman Jedediah Peck submitted an amendment to adopt designations for the votes for President and Vice President. The process continued in New York on February 15 when Representative Benjamin Walker of New York proposed the designation and district election amendments to the House.

Background[ edit ] Under the original procedure for the Electoral College, as provided in Article II, Section 1, Clause 3each elector could vote for two persons.

Yet the original electoral college system was exposed as problematic, and there was widespread agreement that something had to be done. Still, it had become clear that political parties had become a feature of American politics and that the electoral college system should be modified to reflect this.

Smith of South Carolina responded to the result by presenting a resolution on the floor of the House of Representatives for an amendment to the Constitution requiring each elector to cast one vote for President and another for Vice President. New Hampshire June 15, Ratification was finished on June 15, and it was subsequently ratified by Tennessee on July 27, That would never happen today, thanks to the 12th amendment.

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.

That very possibility might serve to discipline presidential candidates more than is now the case, especially because candidates who win the presidential nomination today basically exercise unlimited discretion in choosing their running mates. Their aim was to prevent Jefferson, who in addition to being pro-French was influential and rich in new visions, from becoming President at any cost.

This was not the case before the 20th century, when political conventions often exercised real choice in picking both candidates. In both scenarios, the House was necessary for a candidate to be chosen President. Samuel Smith of Maryland argued that the presidency ought to be as closely accountable to the people as possible.

Although many people want to get rid of the Electoral College, some people fear that small states will get overwhelmed by big states in popular voting. 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.

Pennsylvania January 5, 6. On October 20, the House appointed a seventeen-member committee one Representative from each state to fine-tune the amendment.

Apush chapter 11 and 12 review. STUDY. PLAY. Virginia and Kentucky resolution. Said states had the right to nullify unconstitutional laws.

The supreme court had the final decision on constitutionality. 12th Amendment. Establishes that there are separate ballots for president and vice president. North Carolina was the first to ratify the amendment on December 21,and New Hampshire completed the ratification of the amendment.

On June 15,the Twelfth Amendment became law. The 12th Amendment changed a portion of Article II, Section 1.

Constitutional Amendments Quiz

A portion of the 12th Amendment was changed by the 20th Amendment. The 20th amendment changed the dates that presidential terms and Congressional sessions started.

Apr 15,  · In this video lecture we look at the elections of and and how the twelfth amendment rectified the problems they exposed. Be sure to check out the e. North Carolina was the first to ratify the amendment on December 21,and New Hampshire completed the ratification of the amendment.

On June 15,the Twelfth Amendment became law. The Twelfth Amendment replaced Article II, Section 1, and Clause 3, which offered the original procedure by which the Electoral College was created and how it subsequently functioned. The Article was ratified following problems during the .

A review of the 12th amendment
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