Twelfth Amendment and Electoral College

Sep 19, 2023

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Origins and Purpose of the Electoral College

The Constitutional Convention faced a challenge in deciding how to elect a president. Some favored Congressional selection, others a popular vote. The Committee on Unfinished Parts proposed the Electoral College as a compromise.

States received electors equal to their total Senators and Representatives. The top vote-getter became President, the runner-up Vice President. Electors couldn't vote for two candidates from their own state. If no majority emerged or there was a tie, the Senate chose from the top five.

This system aimed to protect executive independence, as electors met only to pick the president then dispersed, reducing chances for corruption. George Washington's unanimous wins initially made the system seem flawless.

The 1796 election exposed flaws when Federalist John Adams became President and his rival Thomas Jefferson Vice President. The 1800 election caused further chaos when Jefferson and Aaron Burr tied, requiring 36 House ballots to resolve. This led to calls for change and the Twelfth Amendment.

The Twelfth Amendment, ratified in 1804, required electors to vote separately for President and Vice President. The House would choose from the top three candidates if no majority emerged. This reduced the chance of another Jefferson-Burr scenario.

While not forbidden, having a president and VP from the same state is risky. Dick Cheney switched from Texas to Wyoming before becoming VP to avoid losing electoral votes. The system remains a mix of compromise, strategy, and occasional chaos.

Problems with the Original Electoral College System

The 1796 election highlighted issues when John Adams became President and his rival Thomas Jefferson Vice President. This pairing of opponents from different parties created tension and policy conflicts.

The 1800 election further exposed flaws. Democratic-Republicans tried to avoid another split result by having electors vote for both Jefferson and Burr. This backfired, resulting in a tie that took 36 House ballots to resolve.

Exposed inability to handle emerging party politics
Led to the pairing of political opponents in top offices
Created potential for electoral deadlocks

These events proved the original system couldn't handle emerging party politics, necessitating changes like the Twelfth Amendment. The early electoral mishaps shaped the mechanism we use today, though imperfections remain.

The Twelfth Amendment: Changes and Implications

The Twelfth Amendment introduced separate ballots for President and Vice President, addressing the problem of oppositional leaders in the top two slots. It also trimmed House selection to the top three candidates in case of no majority.

Congress debated various changes, including scrapping the Vice President role. The final amendment called for:

Separate ballots for President and Vice President
House selection from the top three for President
Senate selection from the top two for Vice President

While the amendment doesn't outright ban same-state candidacies, it prevents electors from casting both votes for candidates from their state. This led to maneuvers like Cheney's move to Wyoming to secure Texas electoral votes.

The Twelfth Amendment made elections more decisive and less prone to deadlock, showing Congress's ability to adapt when faced with political chaos.

Subsequent Amendments and Reforms

The 20th Amendment in 1933 shifted Congressional meetings from March to January, reducing lame-duck politicians' influence on presidency decisions. The 23rd Amendment in 1961 gave Washington D.C. representation in the Electoral College.

Reform proposals continue to emerge. The National Popular Vote Interstate Compact suggests states pledge electors to the national popular vote winner. Some advocate abolishing the Electoral College entirely for a direct popular vote. Proportional allocation of electoral votes within states has also been proposed.

"The Electoral College is a disaster for a democracy." – Donald Trump, 2012¹

These reforms face significant hurdles in Congress, as they often threaten established electoral majorities. While tweaks have occurred, a complete overhaul remains unlikely due to the Electoral College's entrenched status in the political system.

Despite ongoing debates and criticisms, the Electoral College continues to shape presidential elections, reflecting the complex nature of American democracy.

Modern Controversies and Debates

The Electoral College has sparked heated debates, especially after contentious elections like 2000 and 2016. In 2016, Hillary Clinton won the popular vote by nearly three million votes, yet Donald Trump secured the presidency through the Electoral College. This outcome reignited arguments about the system's fairness and relevance.

Critics argue the Electoral College is outdated and undemocratic, allowing candidates to win without the popular vote. They claim it violates one-person-one-vote principles and distorts campaigning by focusing on swing states like Ohio, Florida, and Pennsylvania.

Supporters counter that the Electoral College preserves federalism and protects smaller states' interests. They argue it prevents populous states from dominating elections and ensures candidates consider diverse regional concerns.