Twelfth Amendment to the United States Constitution
The 12th Amendment to the Constitution of the United States changed Article II, which deals with the presidential elections. Originally, the Electoral College elected the President and Vice President of the United States in a ballot, each elector had two votes equivalent. The person with the most votes should be president and the runner- vice president. However, the choice of 1800 showed that there were several problems with this approach. The twelfth additive, which was proposed by Congress on December 9, 1803 and ratified on 15 June 1804 by the necessary number of federal state parliaments, made it possible to make two separately held ballots: one for the election of the President and another for the election of the Vice President.
The Electoral College under Article II
Article II required an indirect method of election of the President; Select the states as they get set by the parliaments of the respective States, a number of electors, who in turn elect the president. The number of electors assigned to each state is equal to the number of U.S. Senators ( in every state two ), and the deputies (at least one deputy, proportional to the population of any State ), who represent the state in Congress. State parliaments were free to decide who is elected elector, but a senator or representative could not assume the office of the election 's.
Each elector could cast two votes, but at least one of these two votes needed for a person who is not from the same country comes as the elector, be issued (this provision was created to prevent electors vote for their favorites from their own countries ). The two chambers of Congress came together then to count the electoral votes of each state with the President of the Senate. A majority of the electoral votes was needed to win the election. If more than one candidate was elected by a majority of electors (which was quite possible, since each elector could cast two votes ), the candidate won with the larger number of votes. If it had come to a tie vote, the House of Representatives would have to select one of the two candidates. If none of the candidates being beaten achieved a majority, the House of Representatives had to choose a President from among five candidates who united the most votes. In such cases the votes of a state deputies were combined into a single voice. Members from two thirds of the states organized a quorum, a majority of the votes was needed to elect a president.
The election of Vice President was easier. The candidate who could except those accounted for by the election of the President to unite the majority of votes, up, became vice president. The Vice President took in contrast to the President no majority of electoral votes. In the case of an equality of votes between candidates, the Senate chose one of the candidates for vice-president. Each senator had a voice; Article I grants to the time of election incumbent Vice President a casting vote.
The Electoral College under the 12th Amendment to the Constitution
Due to the events in the election in 1800 of the 12th Amendment to the Constitution was proposed and applied. The Amendment, which was first applied in the elections in 1804, did not change the composition of the electoral committee. Rather, the procedure according to which the Electoral College, or in some cases, the House of Representatives elects the President was modified. Today electors required to surrender pursuant to the 12th Amendment to the Constitution different voices to elect the President and Vice-President instead of two votes to elect the President. Electors may not apply to presidential and vice presidential candidates, who both live in our own state of the elector to vote. However, you can vote for a candidate from their own country if the country of origin of the other candidates do not match the country of origin of the election 's. Furthermore, the Twelfth Amendment to the Constitution clearly includes those by the Office of the Vice President, which are not eligible for the office of President: persons younger than 35 years, those who do not, for at least 14 years of age and persons permanently resident in the United States, which no natural born citizen of the United States were.
Under the old method, the votes were counted before both houses of Congress. For the selection of the candidates for President or Vice President, a majority of votes. If no one receives a majority, the House of Representatives selected by the states, with the same requirements for a quorum, as defined under Article II, a president.
While the original Constitution allowed the House of Representatives to elect a President from among five candidates with the most votes, the 12th Amendment to the Constitution allows the House of Representatives to take no more than three candidates for election to the presidency into consideration. The Senate may choose a Vice President in a similar manner, if no candidate has received a majority of electoral votes. The Senate can only choose from the two candidates with the most electoral votes here but. This provision does not mean that the choice of the Senate is limited to two candidates; when several candidates have received the same number of votes, the Senate can select all of them in addition to the candidate who got the most votes.
The 12th Amendment to the Constitution also introduced a requirement for a quorum at any votes on the president and vice president in the House and Senate: In the Senate, at least two-thirds of the senators must be present in the House of Representatives must be at least two-thirds of all states with at least be a deputy represented locally.
Furthermore, the 12th Amendment to the Constitution ensures that the votes of a majority of senators lead to a choice of the candidate. Therefore, the incumbent Vice President, because although it is the Senate president, but not a senator, not the right to give a casting vote under these circumstances, how can he do it otherwise with a tie in the Senate. To prevent a standstill because the nation without a president is, the 12th Amendment to the Constitution sure if it until March 4, the first day of the term of office of the President, should not succeed the House of Representatives to elect a president, the candidate, was elected vice-president, as long acting as President until a candidate could be elected president. The 20th Amendment to the Constitution changed the date of commencement of the Presidency on 20 January and allowed to determine the Congress, who would act as the President, when it comes in both chambers of Congress to no successful election.
The election of 1804 and each subsequent presidential elections were held in accordance with the 12th Amendment. Since then, the House of Representatives has only once elected the President: In 1824, Andrew Jackson 99 electoral votes, John Quincy Adams (son of John Adams) 84, William Harris Crawford 41 and Henry Clay had 37 All candidate members of the Democratic-Republican Party, although there between gave them considerable political differences. None of them reached the necessary majority of 131 votes to be elected president. Since the House of Representatives could only choose between the top three candidates, Clay could not be president. Crawford's poor health forced him to retreat. Andrew Jackson expected that the House of Representatives would vote for him because he was able to unite a majority of electoral votes to each other before. Instead, elected at the first election States 13 Adams, followed by Jackson with seven and Crawford with three votes. Clay supported Adams ' claim to the office of President. The support had extra weight because Clay was Speaker of the House. As Clay Adams later appointed Foreign Minister, accused many of the two, to have made a corrupt bargain; others understand this step as a normal alliance in politics. Some historians have argued that Clay was closer ideologically at Adams at Jackson. Therefore, it was natural for supporters of Clay to vote for Adams.
After the election of 1824, the Democratic- Republican Party split into the Democratic Party and the Whig Party. Prior to the election of 1836, the Whigs nominated different candidates in different regions in the hope to shatter the choice of electors and Martin Van Buren, the Democratic candidate to refuse consent in the Electoral College. Thus, the choice should be relocated to a company controlled by the Whigs house. While the strategy failed in light of the election of the President, was the Democratic nominee for the office of Vice President Richard M. Johnson, 147 electoral votes ( one vote of the majority ), followed by Francis Granger with 77, John Tyler with 47 and William Smith with 23 in the Senate, however, Johnson won with 33 votes, followed by Granger with 17 votes.
The 12th Amendment to the Constitution includes the election of a president and a vice-president from the same state not from; he concludes only that, a choice man for candidates for the office of President and Vice President is right, both from the same state as the elector himself Nevertheless nominee party members usually come from different states in order to avoid situations where the Electoral College because of the origin the candidate must be right for another. The debate came during the 2000 presidential election, when choosing between George W. Bush and his party colleague Dick Cheney and Al Gore with his party colleague Joseph Lieberman. It was stated that both Cheney and Bush were citizens of Texas and the Texas electors therefore their voices could not leave for both. The town of Bush was undisputed, since he was governor of Texas at the time. Cheney lived in Texas and had also registered there to choose from, but a few months before the election, he changed his official address to Wyoming, the state in which he grew up and even years previously was a deputy. There was a process rather than in which it was argued that Cheney would continue to be regarded as a resident of Texas, but the suit was dismissed by the Federal District Court for the Northern District of Texas.
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- Amendment to the Constitution of the United States
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