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Encyclopedia > Twelfth Amendment to the United States Constitution
United States of America

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United States Constitution The Great Seal of the United States, obverse side. ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ...


Original text of the Constitution
Preamble

Articles of the Constitution
IIIIIIIVVVIVII “We the People” redirects here. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ... Wikisource has original text related to this article: Article Two of the United States Constitution Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ... Article Three of the United States Constitution establishes the judicial branch of the federal government. ... Article Four of the United States Constitution relates to the states. ... Article Five of the United States Constitution describes the process whereby the Constitution may be altered. ... Article Six establishes the United States Constitution and the laws and treaties of the United States made in accordance with it as the supreme law of the land, and fulfills other purposes. ... Article Seven of the United States Constitution describes the process by which the entire document is to be ratified and take effect. ...

Amendments to the Constitution
Bill of Rights
IIIIIIIVVVIVIIVIIIIXX

Subsequent Amendments
XI ∙ XII ∙ XIII ∙ XIV ∙ XV ∙ XVI
XVII ∙ XVIII ∙ XIX ∙ XX ∙ XXI ∙ XXII
XXIII ∙ XXIV ∙ XXV ∙ XXVI ∙ XXVII The first ten amendments to the United States Constitution are known as the Bill of Rights. This is a complete list of all ratified and unratified amendments to the United States Constitution which have received the approval of the Congress. ... Image of the United States Bill of Rights from the U.S. National Archives and Records Administration. ... “First Amendment” redirects here. ... The Bill of Rights in the National Archives Amendment II (the Second Amendment) of the United States Constitution, which is part of the Bill of Rights, declares a well regulated militia as being necessary to the security of a free State, and prohibits Congress or any other government agency from... The Bill of Rights in the National Archives. ... The Bill of Rights in the National Archives. ... This article does not cite any references or sources. ... Amendment VI (the Sixth Amendment) of the United States Constitution codifies rights related to criminal prosecutions in federal courts. ... “Seventh Amendment” redirects here. ... The Bill of Rights in the National Archives. ... The Bill of Rights in the National Archives Amendment IX (the Ninth Amendment) to the United States Constitution, which is part of the Bill of Rights, addresses rights of the people that are not specifically enumerated in the Constitution. ... For Ireland, see Tenth Amendment of the Constitution of Ireland. ... Amendment XI in the National Archives Amendment XI (the Eleventh Amendment) of the United States Constitution was passed by the U.S. Congress on March 4, 1794, and was ratified on February 7, 1795. ... Amendment XIII in the National Archives The Thirteenth Amendment to the United States Constitution officially abolished, and continues to prohibit slavery and, with limited exceptions (those convicted of a crime), prohibits involuntary servitude. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. ... Amendment XV in the National Archives 1870 celebration of the 15th amendment as a guarantee of African American rights 1867 drawing depicting the first vote by African Americans Amendment XV (the Fifteenth Amendment) of the United States Constitution provides that governments in the United States may not prevent a citizen... Amendment XVI in the National Archives Amendment XVI (the Sixteenth Amendment) of the United States Constitution was ratified on February 3, 1913. ... Amendment XVII in the National Archives Amendment XVII (the Seventeenth Amendment) of the United States Constitution was passed by the Senate on June 12, 1911 and by the House on May 13, 1912. ... Amendment XVIII in the National Archives Prohibition agents destroying barrels of alcohol. ... Amendment XIX in the National Archives Amendment XIX (the Nineteenth Amendment) allowed women the right to vote under official constitutional protection. ... Page 1 of Amendment XX in the National Archives Page 2 of the amendment Amendment XX (the Twentieth Amendment) of the United States Constitution, also called The Lame Duck Amendment, or the Norris Amendment, establishes some details of presidential succession and of the beginning and ending of the terms of... Amendment XXI (the Twenty-first Amendment) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition. ... Amendment XXII in the National Archives The Twenty-second Amendment of the United States Constitution sets a term limit for the President of the United States, providing that No person shall be elected to the office of the President more than twice, and no person who has held the office... Amendment XXIII in the National Archives Amendment XXIII was the twenty-third Amendment to the United States Constitution which permits the District of Columbia to choose Electors for President and Vice President. ... Amendment XXIV in the National Archives Amendment XXIV (the Twenty-fourth Amendment) of the United States Constitution prohibits both Congress and the states from conditioning the right to vote in federal elections on payment of a poll tax or other types of tax. ... Page 1 of Amendment XXV in the National Archives Page 2 of the amendment Amendment XXV (the Twenty-fifth Amendment) of the United States Constitution clarifies an ambiguous provision of the Constitution regarding succession to the Presidency, and establishes procedures both for filling a vacancy in the office of the... Amendment XXVI (the Twenty-sixth Amendment) of the United States Constitution was ratified on July 1, 1971. ... Page 1 of the certification of Amendment XXVII in the National Archives Page 2 of the amendments certification Page 3 of the amendments certification Amendment XXVII (the Twenty-seventh Amendment) is the most recent amendment to be incorporated into the United States Constitution, having been ratified in 1992...


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Amendment XII in the National Archives
Amendment XII in the National Archives

The Twelfth Amendment to the United States Constitution alterd Article II pertaining to presidential elections. Article Two stated that the U.S. Electoral College would elect both the President and the Vice President in a single election; the person with a majority would become President and the runner-up would become Vice President. Problems with this system were demonstrated by the election of 1796 and, more spectacularly, the election of 1800. The Twelfth Amendment, proposed by the U.S. Congress on December 9, 1803 and ratified by the requisite number of state legislatures on June 15, 1804, required electors to cast two distinct votes: one for President and another for Vice President. Image File history File linksMetadata Download high-resolution version (3313x4426, 786 KB) Source Date Author Permission File links The following pages on the English Wikipedia link to this file (pages on other projects are not listed): Twelfth Amendment to the United States Constitution Metadata This file contains additional information, probably... Image File history File linksMetadata Download high-resolution version (3313x4426, 786 KB) Source Date Author Permission File links The following pages on the English Wikipedia link to this file (pages on other projects are not listed): Twelfth Amendment to the United States Constitution Metadata This file contains additional information, probably... The National Archives building in Washington, DC The United States National Archives and Records Administration (NARA) is an independent agency of the United States federal government charged with preserving and documenting government and historical records. ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ... Wikisource has original text related to this article: Article Two of the United States Constitution Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ... United States presidential elections determine who serves as President and Vice President of the United States for four-year terms, starting on Inauguration Day (January 20th of the year after the election). ... The United States Electoral College is the electoral college that chooses the President and Vice President of the United States at the conclusion of each Presidential election. ... For other uses, see President of the United States (disambiguation). ... The Vice President of the United States (sometimes referred to as VPOTUS)[1] is the first in the presidential line of succession, becoming the new President of the United States upon the death, resignation, or removal of the President. ... Presidential electoral votes by state. ... Presidential electoral votes by state. ... Congress in Joint Session. ... is the 343rd day of the year (344th in leap years) in the Gregorian calendar. ... 1803 was a common year starting on Saturday (see link for calendar). ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries Politics Portal      In the United States of America, a state legislature is a generic term referring to the... is the 166th day of the year (167th in leap years) in the Gregorian calendar. ... 1804 was a leap year starting on Sunday (see link for calendar). ...

Contents

Text

The text of the 12th Amendment reads as follows:

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 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 the 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.

Voting for President and Vice-President under the original Article II

Article Two of the United States Constitution provided that each elector could cast two votes; at least one of those votes had to be for an individual not inhabiting the same state as the electors themselves (this provision was designed to keep electors from voting for the "favorite sons" of their respective states). A majority (more than 50%) of electoral votes was required to win. If more than one individual was voted for by a majority of electors (which was possible, since each elector cast two votes), the individual with the greater number of votes won. Wikisource has original text related to this article: Article Two of the United States Constitution Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ...


If there was a tie, the House of Representatives would choose from amongst the two candidates. If no individual had a majority, then the House of Representatives would choose from the five individuals with the greatest number of electoral votes.


The choosing of the Vice President was a simpler process. Whichever candidate received the greatest number of votes, except for the one elected President, became Vice President. The Vice President, unlike the President, did not require the votes of a majority of electors. In the event of a tie for second place between multiple candidates, the Senate chose one of them to be Vice President. Each Senator cast one vote; Article I granted the sitting Vice President a tie-breaking vote. Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ...


The 1796 election exposed the anomaly that this could lead to candidates from different parties being elected President and Vice President. The 1800 election exposed the anomaly that if each member of the electoral college followed party tickets, there would be a tie between the two candidates from the most popular ticket; it also showed that there could be a tie in the House of Representatives. Presidential electoral votes by state. ... In the United States presidential election of 1800, sometimes referred to as the “Revolution of 1800”, Thomas Jefferson defeated John Adams. ...


Electoral College under Amendment XII

The amendment, which applied to elections beginning in 1804, did not change the composition of the Electoral College. Rather, it amended the process whereby the Electoral College, or in some cases the House of Representatives, chooses the President.


Under the Twelfth Amendment, electors must cast distinct votes for President and Vice President, instead of two votes for President. No Elector may cast votes for Presidential and Vice Presidential candidates who both inhabit the same state as the Elector. It is, however, possible for an Elector to cast his votes for candidates from the same state, if that state is different from the Elector's.


The Twelfth Amendment explicitly precluded from being Vice President those ineligible to be President: people under thirty-five years of age, those who have not inhabited the United States for at least fourteen years, and those who are not natural-born citizens. It is unclear if the Twenty-second Amendment's term-limiting provisions prevent two-term Presidents from becoming Vice Presidents (see that article for a fuller discussion). Amendment XXII in the National Archives The Twenty-second Amendment of the United States Constitution sets a term limit for the President of the United States, providing that No person shall be elected to the office of the President more than twice, and no person who has held the office...


A majority of electoral votes is still required for one to be deemed elected President or Vice President. When nobody has a majority, the House of Representatives, voting by states and with the same quorum requirements as under Article II, chooses a President. The Twelfth Amendment allows the House to consider no more than three candidates, compared to five under the original constitution. Look up quorum in Wiktionary, the free dictionary. ...


The Senate, similarly, may choose the Vice President if no candidate has received a majority of electoral votes. Its choice is limited to those with the "two highest numbers" of electoral votes. (If multiple individuals are tied for second place, the Senate may consider all of them, in addition to the individual with the greatest number of votes.) The Twelfth Amendment introduced a quorum requirement of two-thirds for the conduct of balloting. Furthermore, the Twelfth Amendment provides that the votes of a majority of Senators are required to arrive at a choice; In the case of a 50/50 tie the President of the Senate, the sitting Vice President, will cast the deciding vote.


In order to prevent deadlocks from keeping the nation leaderless, the Twelfth Amendment provided that if the House could not choose a President before March 4 (at that time the first day of a Presidential term), the individual elected Vice President would act as President until one could be chosen by the House. The Twentieth Amendment changed the date for the commencement of Presidential terms to January 20 and permits Congress to direct, through legislation, which officer should act as President if both houses of Congress are deadlocked. is the 63rd day of the year (64th in leap years) in the Gregorian calendar. ... Page 1 of Amendment XX in the National Archives Page 2 of the amendment Amendment XX (the Twentieth Amendment) of the United States Constitution, also called The Lame Duck Amendment, or the Norris Amendment, establishes some details of presidential succession and of the beginning and ending of the terms of... January 20 is the 20th day of the year in the Gregorian calendar. ...


Elections 1804–present

Henry Clay, who was accused of making a "corrupt bargain" during the 1824 election

The election of 1804, and every election since, has been conducted under the Twelfth Amendment. Only once since that time has the House of Representatives chosen the President. In 1824, Andrew Jackson received 99 electoral votes, John Quincy Adams (son of John Adams) 84, William H. Crawford 41, and Henry Clay 37. All of the candidates were members of the Democratic-Republican Party (though there were significant political differences among them), and each had fallen short of the 131 votes necessary to win. (However in the generally uncompetitive vice presidential election John C. Calhoun received 182 votes and was elected outright.) Henry Clay (19th century photograph) This image has been released into the public domain by the copyright holder, its copyright has expired, or it is ineligible for copyright. ... Henry Clay (19th century photograph) This image has been released into the public domain by the copyright holder, its copyright has expired, or it is ineligible for copyright. ... Presidential electoral votes by state The U.S. presidential election of 1804 pitted incumbent (Democratic-)Republican President Thomas Jefferson against Federalist Charles Cotesworth Pinckney. ... Presidential electoral votes by state. ... For other uses, see Andrew Jackson (disambiguation). ... John Quincy Adams (July 11, 1569 – February 23, 1985) was a diplomat, politician, and the sixth President of the United States (March 4, 1825 – March 4, 1829). ... For other persons named John Adams, see John Adams (disambiguation). ... William Harris Crawford (February 24, 1772 – September 15, 1834) was an important American politician, as well as a judge, during the early 19th century. ... Henry Clay, Sr. ... John Caldwell Calhoun (March 18, 1782 – March 31, 1850) was a leading United States Southern politician and political philosopher from South Carolina during the first half of the 19th century, best known as a spokesman for slavery, nullification and the rights of electoral minorities, such as slave-holders. ...


Since the House could only consider the top three candidates, Clay could not become President. Crawford's poor health following a stroke made his election by the House unlikely. Andrew Jackson fully expected that the House would vote for him, as he had won a plurality of the electoral vote. Instead, the House elected Adams on the first ballot with 13 states, followed by Jackson with seven and Crawford with three. Clay had endorsed Adams for the Presidency; the endorsement carried additional weight because Clay was the Speaker of the House. When Adams later appointed Clay his Secretary of State, many — particularly Jackson and his supporters — accused the pair of making a "corrupt bargain." Others understood this to be a normal alliance in politics, as when presidential candidates name their running mates in order to strengthen their positions. Moreover, some historians have argued that Clay was closer ideologically to Adams than Jackson and that it was natural for Clay supporters to turn to Adams. A stroke or cerebrovascular accident (CVA) occurs when the blood supply to a part of the brain is suddenly interrupted by occlusion (an ischemic stroke- approximately 90% of strokes), by hemorrhage (a hemorrhagic stroke - less than 10% of strokes) or other causes. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Speaker of the United States House of Representatives is the presiding officer of the...


After the election of 1824, the Democratic-Republican Party split into the Democratic Party and what eventually became the Whig Party. In 1836, the Whigs nominated different candidates in different regions in the hopes of splintering the electoral vote and denying Martin Van Buren, the Democratic candidate, a majority in the Electoral College, thereby throwing the election into a Whig-controlled House. This strategy failed, however, with Van Buren winning majorities of both the popular and electoral vote, and there have been no further attempts by a major U.S. party to adopt the strategy of running regional candidates for national office since that time. Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  Politics Portal      Further information: Politics of the United States#Organization of American political parties The Democratic... The Whig Party was a political party of the United States during the era of Jacksonian democracy. ... Presidential electoral votes by state. ... Martin Van Buren (December 5, 1782 – July 24, 1862), nicknamed Old Kinderhook, was the eighth President of the United States from 1837 to 1841. ...


In a coincidence, 1836 was also the one election when no candidate for Vice President secured a majority in the electoral college as Democratic Vice Presidential nominee Richard Mentor Johnson did not receive the electoral votes of Democrat electors from Virginia because of his relationship with a former slave. As a result Johnson received 147 electoral votes, one vote short of a majority; to be followed by Francis P. Granger with 77, John Tyler with 47 and William Smith with 23. The election was thrown into the Senate, however, and Johnson won with 33 votes, followed by Granger with 17. Richard Mentor Johnson (October 17, 1780 – November 19, 1850) was the ninth Vice President of the United States, serving in the administration of Martin Van Buren. ... This article is about the U.S. state. ... John Tyler, Jr. ... William Smith (September 6, 1762-June 26, 1840) was elected as a Democratic-Republican to the U.S. Senate representing South Carolina in 1816. ...


The Twelfth Amendment does not directly preclude the election of a President and Vice President from the same state, as is often alleged. Nevertheless, running mates conventionally come from different states to prevent situations wherein electors of the state in question are forced to vote for a candidate from a different party or state merely on the grounds of residency. The issue arose during the 2000 presidential election contested by George W. Bush (alongside running-mate Dick Cheney) and Al Gore (alongside Joe Lieberman). It was alleged that Cheney and Bush were both inhabitants of Texas, and that the Texas electors could therefore not cast their ballots for both. Bush's residency was unquestioned, as he was governor of Texas at the time. Cheney had lived and was registered to vote in Texas, but a few months before the election changed his official residency to Wyoming, the state where he had grown up, and for which he had, many years earlier, served as the U.S. Representative. A lawsuit alleging that Cheney remained an inhabitant of Texas was brought, but it was dismissed by the U.S. District Court for the Northern District of Texas. Presidential electoral votes by state. ... George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States, inaugurated on January 20, 2001. ... Richard Bruce Dick Cheney (born January 30, 1941), is the 46th and current Vice President of the United States, serving under President George W. Bush. ... This article is about the former Vice President of the United States. ... Joseph Isadore Joe Lieberman (born February 24, 1942) is an American politician from Connecticut. ... Official language(s) No official language See languages of Texas Capital Austin Largest city Houston Largest metro area Dallas–Fort Worth Metroplex Area  Ranked 2nd  - Total 261,797 sq mi (678,051 km²)  - Width 773 miles (1,244 km)  - Length 790 miles (1,270 km)  - % water 2. ... For other uses, see Governor (disambiguation). ... Official language(s) English Capital Cheyenne Largest city Cheyenne Area  Ranked 10th  - Total 97,818 sq mi (253,348 km²)  - Width 280 miles (450 km)  - Length 360 miles (580 km)  - % water 0. ...


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