Controversial Books | Page 336

314 Basic Constitutional Concepts Burr seized the opportunity—and was defeated only with difficulty. After that, the Twelfth Amendment (1804) eliminated the possibility of such a situation by specifying that the electors ‘‘shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President.’’ The Electoral College itself, surviving the Twelfth Amendment, has endured to the present day, and the President must be chosen by the vote of each State, rather than by a national popular vote. This means that each State continues to choose a number of electors equivalent to the number of U.S. Senators and Representatives that that particular State sends to Congress. Usually, though not in all presidential elections, the national popular vote for candidates and the vote of the Electoral College would have the same result; but it remains theoretically possible, under peculiar circumstances, for a candidate to be chosen President by receiving a majority of Electoral College votes though a minority of the popular vote. Why so elaborate a scheme for choosing the President? Because the Framers