Legal Definitions - Twelfth Amendment

The Twelfth Amendment to the U.S. Constitution, ratified in 1804, fundamentally changed how the President and Vice President are elected through the Electoral College. Before this amendment, electors cast two votes for President, with the candidate receiving the most votes becoming President and the runner-up becoming Vice President. This system led to significant political problems, such as a President and Vice President from opposing political parties serving together.

The Twelfth Amendment resolved these issues by requiring electors to cast separate ballots: one specifically for President and another specifically for Vice President. This created the modern system where voters choose a unified "ticket" of presidential and vice-presidential candidates, ensuring that the two highest offices are filled by individuals who ran together and share a common political platform.

• Example 1: The Modern Presidential Ballot

  During a presidential election, a voter goes to their polling place and sees the names of candidates listed as "Candidate A for President and Candidate B for Vice President" as a single choice on the ballot. The voter marks their selection for this combined ticket.

  Explanation: This scenario directly illustrates the impact of the Twelfth Amendment. Instead of voting for two individuals who might end up in the top two offices regardless of their running mate status, the voter selects a pre-determined team. This ensures that if Candidate A wins the presidency, Candidate B will automatically become their Vice President, as they were voted for together on the same ticket.

• Example 2: Electoral College Voting Process

  Following a general election, the electors chosen by each state meet to cast their votes. An elector from Texas casts one ballot explicitly for "Candidate X for President" and a separate, distinct ballot for "Candidate Y for Vice President," who ran together on the same party ticket.

  Explanation: This demonstrates the core procedural change mandated by the Twelfth Amendment. Electors are no longer casting two general presidential votes that could result in a divided executive. Instead, they cast one vote specifically for President and another specifically for Vice President, ensuring that the individuals elected to these offices are the running mates chosen by the voters.

• Example 3: Preventing a Divided Executive Branch

  Imagine a hypothetical election where, without the Twelfth Amendment, the candidate who received the most electoral votes for President was from the "Green Party," but the candidate who received the second-highest number of electoral votes (and would therefore become Vice President) was from the "Purple Party." This could lead to constant political conflict and an inability to govern effectively within the executive branch.

  Explanation: The Twelfth Amendment prevents such a scenario. By requiring electors to vote for a President and Vice President as a unified ticket, it ensures that the two highest offices are filled by individuals who ran together and presumably share a common political agenda. This promotes a more cohesive and functional executive branch, avoiding the gridlock that could arise from a President and Vice President from opposing parties.