But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. Approved by Congress on December 9, , and ratified by the states on June 15, , the Twelfth Amendment modifies the way the Electoral College chooses the president and vice president. Article II, Section 1 of the Constitution, which established the Electoral College, provided that each state appoint electors equal to the total number of House and Senate members in their state and that the electors shall vote for two persons.
The presidential candidate who received the most electoral votes won the presidency; the runner-up became the vice president. In , this meant that the president and the vice president were from different parties and had different political views, making governance more difficult. The adoption of Amendment XII solved this problem by allowing each party to nominate their team for president and vice president. The inhabitant clause of the Twelfth Amendment also suggests strongly that the president and vice president should not be from the same state.
After six days of debate and 36 ballots, Jefferson won 10 state delegations in the House when the Burr supporters in the two tied states Vermont and Maryland filed blank ballots rather than support Jefferson. After the experiences of the and elections, Congress passed, and the states ratified, the 12th Amendment to the Constitution.
Added in time for the election, the amendment stipulated that the electors would now cast two votes: one for President and the other for Vice President. While states varied in how they selected presidential electors through the 19th century, electors today are uniformly popularly elected rather than appointed and pledged to support a given candidate.
Since the 12th Amendment, one other presidential election has come to the House. In , Andrew Jackson of Tennessee won a plurality of the national popular vote and 99 votes in the Electoral College—32 short of a majority. Speaker of the House Henry Clay had 37 and expected to use his influence in the House to win election. But the 12th Amendment required the House to consider only the top-three vote-getters when no one commands an overall majority. The House chose Adams over Jackson.
Was there ever witnessed such a bare faced corruption in any country before? The contested presidential election between Republican Rutherford B. Hayes of Ohio and Democrat Samuel J.
Tilden of New York was the last to require congressional intervention. Tilden won the popular vote and the electoral count. But Republicans challenged the results in three Southern states, which submitted certificates of election for both candidates. While the Constitution requires the House and Senate to formally count the certificates of election in joint session, it is silent on what Congress should do to resolve disputes. The bipartisan commission, which included Representatives, Senators, and Supreme Court Justices, voted along party lines to award all the contested ballots to Hayes—securing the presidency for him by a single electoral vote.
Ackerman, Bruce. Cambridge, Mass: Harvard University Press, It was on this day in that the House finally decided a tied presidential election because of a constitutional flaw: the…. In this session, students learn about voting rights in America through a historical exploration of the right to vote in America.
Town Hall Video The Past, Present, and Future of Presidential Elections Law professors, historians, political scientists, journalists, and campaign veterans discuss the the origins, history, and…. Blog Post On this day: A tied presidential election ends in Washington It was on this day in that the House finally decided a tied presidential election because of a constitutional flaw: the….
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