568
Changing the Constitution
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 VicePresident, 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.
This Amendment is an example of how custom and usage have changed
the Constitution. The Framers expected electors to be independent, distinguished citizens, but the rise of national political parties changed the
character of the Electoral College.
By the election of 1800, Electors had come to be the party faithful,
pledged to vote for their party’s candidate. In this election, the Jeffersonian Republicans held a majority in the Electoral College. They voted
without indicating their choice for President and Vice President, as Article II, Section 3 prescribed, but because they were voting along party
lines, Thomas Jefferson and Aaron Burr received the same number of
votes, even though Burr was the vice presidential candidate. The issue
was settled by the House of Representatives, which gave the presidency
to Jefferson.
The Twelfth Amendment was designed to prevent a recurrence of this
situation by requiring Electors to cast separate votes for President and
Vice President.