The 12th Amendment Explained
Read Time:1 Minute, 48 Second
The Twelfth Amendment changed the procedure for electing the president and vice president. In Article II, Section 1, the Constitution specified that the candidate who received the greatest number of votes became president and the runner-up became vice president. In effect, the members of the electoral college were casting two votes for president.
This procedure had several weaknesses. One of the most obvious is that it allowed the possibility of having political rivals serving as president and vice president. Imagine, for example, a President Trump with a Vice President Hillary Clinton. This did, in fact, happen in the 1796 election, when John Adams became president with then-rival Thomas Jefferson as vice president.
Another problem was the possibility that an incumbent president running for re-election could end up being demoted to vice president by coming in second.
Yet another was the requirement that to be elected president, a candidate must receive more than 50% of the electoral votes cast. In a field of two candidates, there was the possibility of a tie. With three or more candidates, there was the possibility that nobody could receive enough votes to win. This resulted in additional runoff ballots being cast among the top candidates (up to five) until a single candidate won 51% or more. In extreme cases, inauguration day (at the time this was 4 March) could arrive without a president-elect.
The Twelfth Amendment solution was to take the electors’ two votes for president and turn them into separate votes for that office and the vice presidency. This meant that the runner-up for the presidency had no chance of becoming vice president.
While this had no direct effect on the votes cast by eligible citizens (white property-owning men over 21 at the time), the stage was set for the system of running mates and strengthened the influence of political parties on the election system. The possibility of political rivals sharing the White House was much lower than it had been, and passage ushered in the era of highly partisan politics that we enjoy to this day.
Next – Act One: Amendment XIV – Citizenship for Former Slaves
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I knew this, but don’t know why it has been allowed to stand. It should be so difficult to amend the constitution.
It is difficult to change the Constitution. Proposed amendments must first be debated in committee; then they go to both houses of congress where they must be approved by a 2/3 majority in both houses. THen they go to the states, where, again, 2/3 of states must vote for ratification (it is up to each state whether to let their legislatures decide or to put it to a vote by citizens). Hundreds of proposed amendments have never survived committee; of those that do, most fail to be approved by either the House or the Senate. Some have failed to be ratified by the states. What would have been the Second Amendment was pending for over 202 years before it was finally passed as the 27th Amendment. What would have been the First Amendment if it had been passed with the rest of the Bill of Rights was never ratified by the states and could still be approved. If that amendment were ratified as the 28th Amendment, it means that the House of Representatives would be increased to 6,174 members. We should probably be grateful that it’s still pending; 435 representative is quite enough.
Thanks so much. Love your stuff.
Funny thing. I thought I knew the constitution well but I missed the 12th along the way. Good read.
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Brilliant analysis of the 12th. You are correct in observing this amendment ushered in a new, and continuing period of partisan politics. Thanks.