US Constitution
of 1787
12th Amendment
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US
Constitution Amendment
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Proposal Date
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Enacted Date
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12th
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Revises presidential election procedures - immunity -
Signers: Speaker of the House Nathaniel Macon (R-NC) & Vice President
Aaron Burr (R-NY)
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December 9, 1803
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June 15, 1804
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The Twelfth Amendment to the United States
Constitution provides the procedure for electing the President and Vice
President. It replaced Article II, Section 1, Clause 3, which provided the
original procedure by which the Electoral College functioned. Problems with the
original procedure arose in the elections of 1796 and 1800. The Twelfth
Amendment was proposed by the Congress on December 9, 1803, and was ratified by
the required number of state legislatures on June 15, 1804.
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 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.
The
Twelfth Amendment changed the process whereby a President and a Vice President
are elected. Exhibited here is the 1803
printing of the 12th Amendment.
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| 12th Amendment from the original Acts Passed at the First Session of the Eight Congress of the United States of America begun and held at the City of Washington, in the District of Columbia, On Monday, the Seventeenth of October in the year 1803 and of the Independence of the United States the Twenty-Eighth, published by the Congress of the United States, Washington, 1803. These Acts also contain the full dual language printing of the Louisiana Purchase and subsequent laws required to pay, transfer, and govern the Louisiana Territory. | |||||||||||||||||||||||||||
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