The Twelfth Amendment to the United States Constitution altered 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
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 .
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.
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.
2007-10-24 09:14:51
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answer #1
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answered by Easy B Me II 5
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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.”
2007-10-28 15:25:46
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answer #2
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answered by BeachBum 7
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Amendment XII
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 persons 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 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.
2007-10-24 16:00:30
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answer #3
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answered by davidmi711 7
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