-AMENDMENT 12-

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-as of [17 DECEMBER 2025]-

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The Twelfth Amendment to the U.S. Constitution, ratified in 1804, changed the procedure for the Electoral College to require electors to cast separate votes for President and Vice President.

This replaced the original system where each elector cast two votes for President, a process that proved problematic in early elections. [1, 2]

Background

The initial system under Article II resulted in the top vote-getter becoming President and the second-place candidate becoming Vice President.

This led to issues in early elections, including a tie in the 1800 election between Thomas Jefferson and Aaron Burr, which was ultimately resolved by the House of Representatives

Key Provisions The Twelfth Amendment addressed these problems by:

Requiring electors to cast distinct votes for President and Vice President.

Outlining procedures for the House to choose the President if no candidate receives a majority, with each state delegation getting one vote.

Stating that the Senate would select the Vice President from the top two candidates if no one achieves a majority.

Specifying that anyone ineligible for the presidency is also ineligible for the vice presidency. [2, 5, 6]

The amendment helped consolidate executive branch control within a single party and more closely aligned the presidency with political parties and popular majorities.

For more detailed information on the history of the Twelfth Amendment, you can visit Pence Law Library Guides (https://wcl.american.libguides.com/twelfth-amendment/history). [1, 7]

AI responses may include mistakes.

[1] https://wcl.american.libguides.com/twelfth-amendment/history
[2] https://constitution.findlaw.com/amendment12.html
[3] https://www.youtube.com/watch?v=mZ3NRYsCIJk
[4] https://www.ebsco.com/research-starters/law/twelfth-amendment-ratified
[5] https://constitutioncenter.org/the-constitution/amendments/amendment-xii/interpretations/171
[6] https://www.annenbergclassroom.org/12th-amendment/
[7] https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=3527&context=wmlr

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