АҚШ Конституциясының XII түзетуі: Президент сайлау рәсімі

1804 amendment regulating presidential elections

The Twelfth Amendment (Amendment XII) to the United States Constitution provides the procedure for electing the president and vice president. It replaced the procedure in Article II, Section 1, Clause 3, under which the Electoral College originally functioned. The amendment was proposed by Congress on December 9, 1803, and was ratified by the requisite three fourths of state legislatures on June 15, 1804. The new rules took effect for the 1804 presidential election and have governed all subsequent presidential elections. Under the original Constitution, each member of the Electoral College cast two electoral votes, with no distinction between electoral votes for president or for vice president. The presidential candidate receiving the greatest number of votes—provided that number was at least a majority of the electors—was elected president, while the presidential candidate receiving the second most votes was elected vice president. In cases where no individual won the votes of a majority of the electors, as well as in cases where multiple persons won the votes of a majority but tied for the most votes, the House of Representatives would hold a contingent election to select the president. In cases where multiple candidates tied for the second most votes, the Senate would hold a contingent election to select the vice president. The first four presidential elections were conducted under these rules. The original system allowed the 1796 and 1800 presidential elections to elect a president and vice president who were political opponents, constantly acting at cross purposes. This spurred legislators to amend the presidential election process to require each member of the Electoral College to cast one electoral vote for president and one electoral vote for vice president. Under the new rules, a contingent election is still held by the House of Representatives if no candidate wins the presidential electoral vote of a majority of the electors, but there is no longer any possibility of multiple candidates winning presidential electoral votes from a majority of electors. The Twelfth Amendment also lowered the number of candidates eligible to be selected by the House in a presidential contingent election from five to three, established that the Senate would hold a contingent election for vice president if no candidate won a majority of the vice presidential electoral vote, and provided that no individual constitutionally ineligible to the office of president would be eligible to serve as vice president.

Under the original procedure for the Electoral College, as provided in Article II, Section 1, Clause 3, each elector cast two electoral votes, with no distinction made between electoral votes for president and electoral votes for vice president. The two people chosen by the elector could not both inhabit the same state as that elector. This prohibition was designed to keep electors from voting for two "favorite sons" of their respective states. The person receiving the greatest number of votes, provided that number constituted a majority of the electors, was elected president. There were two possible scenarios in which the House of Representatives would need to hold a contingent election to select the president. If there were more than one individual who received the same number of votes, and such number equaled a majority of the electors, the House would choose one of them to be president. If no individual had a majority, then the House would choose from the five individuals with the greatest number of electoral votes. In both sets of circumstances, each state delegation had one (en bloc) vote. A candidate was required to receive an absolute majority, more than half of the total number of states, in order to be chosen as president. Selecting the vice president was a simpler process. Whichever candidate received the second greatest number of votes for president became vice president. The vice president, unlike the president, was not required to receive votes from a majority of the electors. In the event of a tie for second place, the Senate would hold a contingent election to select the vice president from those tied, with each senator casting one vote. A candidate was required to receive an absolute majority, more than half of the total Senate membership, in order to be chosen as vice president. The original electoral system worked adequately for the first two presidential elections because on both occasions George Washington was the unanimous choice of the electors for president; the only real contest was the election for vice president for which an overall majority was not required. George Washington's decision not to seek a third term and the emergence of partisan political activity exposed problems with the original procedure. In the 1796 election, John Adams, the Federalist Party presidential candidate, received votes from a majority of electors. However, the Federalist electors scattered their second votes, resulting in the Democratic–Republican Party presidential candidate, Thomas Jefferson, receiving the second highest number of electoral votes and thus being elected vice president. It soon became apparent that having a vice president and a president unwilling to work together effectively was going to be a more significant problem than was originally realized. The most significant problem was that with the French Revolutionary Wars raging in Europe, it was immediately apparent that President Adams was going to pursue a pro British foreign policy, much to the disgust of the strongly pro French Vice President Jefferson. On January 6, 1797, Federalist Representative William L. Smith of South Carolina responded to the 1796 result by presenting a resolution on the floor of the House of Representatives for an amendment to the Constitution requiring each elector to cast one vote for president and another for vice president. However, no action was taken on his proposal. This set the stage for a crisis. In the 1800 election, both major parties attempted to prevent the problem that arose in 1796 by nominating separate presidential and vice presidential candidates on a party ticket. However, there was no way for the electors to distinguish between the two offices when they cast their votes, so if all the electors voted for their party tickets, the election would end in a tie between the two candidates from the most popular ticket. The Democratic Republicans, who had nominated Jefferson for president and Aaron Burr for vice president, managed to secure a majority of pledged electors. But the electoral margin was so slim that there was little room for error if the Democratic–Republicans were to avoid repeating the Federalists' miscues of 1796. Given the technical limitations of 18th century communications, Democratic–Republican electors in each state were left to assume that an elector in some other state was the one responsible for casting the one abstention necessary to ensure the election of Burr to the vice presidency. In the event, all the Democratic–Republicans electors were so reluctant to be responsible for causing outgoing President Adams to be elected as vice president that every Democratic–Republican elector cast a vote for both Jefferson and Burr, resulting in a tie. This problem was termed later the Burr dilemma. Consequently, a contingent presidential election was held in the House of Representatives. Federalist controlled state delegations cast their votes for Burr in an effort to prevent Jefferson from becoming president. Neither Burr nor Jefferson was able to win on the first 35 ballots. With help from Alexander Hamilton, the gridlock was finally broken on the 36th ballot and Jefferson was elected president on February 17, 1801. This prolonged contingent election, combined with the increasing Democratic–Republican majorities in both the House and the Senate, set the stage for a constitutional amendment to alter this flawed system.

In March 1801, weeks after the election of 1800 was resolved, two amendments were proposed in the New York State Legislature that would form the skeleton of the Twelfth Amendment. Governor John Jay submitted an amendment to the state legislature that would require a district election of electors in each state. Assemblyman Jedediah Peck submitted an amendment to adopt designations for the votes for president and vice president. The two amendments were not considered until early 1802 because the state legislature took a break for the summer and winter. New York state senator DeWitt Clinton moved for the adoption of the amendment in January 1802. Shortly thereafter, Clinton won a vacant seat in the U. S. Senate, where he was instrumental in bringing the designation amendment to Congress. The process continued in New York on February 15 when Representative Benjamin Walker of New York proposed the designation and district election amendments to the House. Debate on the amendments began in May. The Democratic Republicans wanted to decide on the amendment quickly, but the Federalists argued that the ideas needed more time than the current session allowed. Federalist Samuel W. Dana of Connecticut wanted to examine the necessity of a vice president. The amendment ultimately failed in the New York State Senate, but DeWitt Clinton brought the amendment discussion to the House of Representatives. Congress was ready to debate the presented amendment, but the Democratic–Republicans decided to wait for the 8th Congress. The 8th Congress would allow the Democratic–Republicans a better chance of meeting the two thirds vote requirement for submitting a proposed Constitutional amendment.

In 1803, on its first day, the 8th Congress considered the designation amendment. The first formulation of the amendment had the five highest electoral vote earners on the ballot in the House if no one candidate had a majority of the electoral votes. Democratic–Republican John Clopton of Virginia, the largest state in the Union, argued that having five names on the list for a contingency election took the power from the people, so he proposed that there be only two names on the list. On October 20, the House appointed a seventeen member committee (one Representative from each state) to fine tune the amendment. The original proposal starting in the New York State Legislature would have, along with designation, put forward the idea of the district election of electors that Treasury Secretary Gallatin had supported. Shortly after the committee was formed, Federalist Benjamin Huger attempted to add a provision regarding district elections to the proposed amendment, but the committee ignored him. The committee then submitted an updated version of the designation amendment to the House on October 23 that changed the number of candidates in a contingency election from five to three and allowed the Senate to choose the vice president if there were a tie in that race. Small Federalist states disliked the change from five to three because it made it far less likely that a small state candidate would make it to a contingency election. Huger and New York Federalist Gaylord Griswold argued that the Constitution was a compromise between large and small states and the method chosen by the Framers is supposed to check the influence of the larger states. Huger even asserted that the Constitution itself was not a union of people, but a union of large and small states in order to justify the original framework for electing the president. Designation, argued Griswold and Huger, would violate the spirit of the Constitution by taking away a check on the power of the large states. Many Northern representatives argued for the elimination of the electoral college, and argued for direct election of the President by all U. S. voters.

By October 28, the Senate had already been discussing the designation amendment. Democratic–Republican DeWitt Clinton expected that the Senate, with a 24–9 Democratic–Republican majority would quickly pass the amendment. Federalist Jonathan Dayton proposed that the office of the vice president should be eliminated and his colleague, Uriah Tracy, seconded it. On the other side, Wilson Cary Nicholas was simply worried that Congress would not submit the amendment in time for the states to ratify it before the 1804 election. Despite Nicholas' concern, the Senate would not seriously deal with the amendment again until November 23. Much as it had in the House, debate centered on the number of candidates in a contingency election and the philosophical underpinnings of the Constitution. Again, small Federalist states vehemently argued that three candidates gave too much power to large states to pick presidents. Senator Pierce Butler of South Carolina argued that the issues with the election of 1800 were unlikely to happen again and he would not advocate changing the Constitution simply to stop a Federalist vice president. John Quincy Adams argued that the change from five to three gave an advantage to the people that violated the federative principle of the Constitution. Rather than have the office of the president balanced between the states and the people, Adams felt designation of president and vice president would tip that scale in favor of the people. Federalist senators argued for retaining the original procedure for the Electoral College. Senator Samuel White of Delaware claimed that the original procedure had not been given "a fair experiment" and criticized the proposed amendment for entrenching the two party system which had taken over presidential elections. In response, the Democratic–Republicans appealed to democratic principles. Samuel Smith of Maryland argued that the presidency ought to be as closely accountable to the people as possible. As such, having three candidates in a contingency election is far better than having five, because it would otherwise be possible to have the fifth best candidate become president. Also, designation itself would drastically cut down the number of elections that would reach the House of Representatives, and the president is then much more likely to be the people's choice. Another of Smith's arguments was simply the election of 1800. William Cocke of Tennessee took a different approach when he argued that the entire small state argument of the Federalists was simply out of self interest. One last order of business for the amendment was to deal with the possibility that the House would fail to choose a president by March 4. It was the least controversial portion of the Twelfth Amendment and John Taylor proposed that the vice president would take over as president in that peculiar occurrence, "as in case of the death or other Constitutional disability of the President". It seemed clear all along that the Democratic–Republican dominance would render this a no contest and the Democratic–Republicans were just waiting for all their votes to be present, but the Federalists had one last defense. A marathon session of debate from 11:00a. m. to 10:00p. m. was the order of the day on December 2, 1803. Most notably, Uriah Tracy of Connecticut argued in a similar vein as Adams when he invoked the federative principle of the Constitution. Tracy claimed the original procedure was formulated to give the small states a chance to elect the vice president, who would be a check on the president's powers. In essence, the states balanced the power of the people. However, this works only if you make it partisan, as Georgia (for example) was a Democratic–Republican small state.

Starting with the election of 1804, each presidential election has been conducted under the Twelfth Amendment. Only once since then has the House of Representatives chosen the president in a contingent election, in the 1824 election as none of the four candidates won an absolute majority (131 votes required at the time) of electoral votes: Andrew Jackson received 99 electoral votes, John Quincy Adams (son of John Adams) 84, William H. Crawford 41, and Henry Clay 37. As the House could consider only the top three candidates, Clay was eliminated, while Crawford's poor health following a stroke and heart attack made his election by the House unlikely. Jackson expected the House to vote for him, as he had won a plurality of both the popularSix states at that time chose their electors in the state legislature rather than by popular vote and so did not keep a count of votes for president. and electoral votes. Instead, the House elected Adams on the first ballot with thirteen states, followed by Jackson with seven and Crawford with four. Clay had endorsed Adams for the presidency, which carried additional weight because Clay was the Speaker of the House. Adams subsequently appointed Clay as his Secretary of State, to which Jackson and his supporters responded by accusing the pair of making a "corrupt bargain". In the election for vice president, John C. Calhoun (the running mate of both Jackson and Adams) was elected outright, receiving 182 electoral votes. In 1836, the Whig Party nominated four different candidates in different regions, aiming to splinter the electoral vote while denying Democratic nominee Martin Van Buren an electoral majority and forcing a contingent election. The Whig strategy narrowly failed as Van Buren won an electoral vote majority and an apparent popular vote majority, winning Pennsylvania by 4,222 votes. In South Carolina, whose presidential electors were Whigs, no popular vote was held as the state legislature chose the electors. The basis for the Whigs' strategy lay in a severe state level Democratic Party split in Pennsylvania that propelled the Whig aligned Anti Masonic Party to statewide power. Party alignments by state in the House of Representatives suggest that any contingent election would have had an uncertain outcome, with none of the candidates (Van Buren, William Henry Harrison and Hugh White) having a clear path to victory. In that same election, no candidate for vice president secured an electoral majority as the Democratic electors from Virginia refused to vote for Democratic vice presidential nominee, Richard Mentor Johnson, due to his relationship with a former slave, and instead cast their votes for William Smith. As a result, Johnson received 147 electoral votes, one vote short of a majority, followed by Francis Granger with 77, John Tyler with 47 and Smith with 23. Thus, it became necessary for the Senate to hold a contingent election between Johnson and Granger for vice president, which Johnson won on the first ballot with 33 votes to Granger's 16. Since 1836, no major U. S. party has nominated multiple regional presidential or vice presidential candidates in an election. However, since the Civil War, there have been two serious attempts by Southern based parties to run regional candidates in hopes of denying either of the two major candidates an electoral college majority. Both attempts (in 1948 and 1968) narrowly failed; in both cases, a shift in the result of two or three close states would have forced these respective elections into the House. In modern elections, a running mate is often selected in order to appeal to a different set of voters. A Habitation Clause issue arose during the 2000 presidential election contested by George W. Bush (running mate Dick Cheney, who Bush selected) and Al Gore (running mate Joe Lieberman), because it was alleged that Bush and Cheney were both inhabitants of Texas and that the Texas electors therefore violated the Twelfth Amendment in casting their ballots for both. Texas' 32 electoral votes were necessary in order to secure Bush and Cheney a majority in the Electoral College. With the Democrats picking up four seats in the Senate to equal the Republicans at 50 seats each in the chamber, the outcome of a contingent election in the Senate, especially if it had happened after the newly elected senators had been seated, would have been far from certain; in fact such an election in 2000, had it happened, would have determined which party controlled the Senate. Bush's residency was unquestioned, as he was Governor of Texas at the time. However, Cheney and his wife had moved to Dallas five years earlier when he assumed the role of chief executive at Halliburton. Cheney had grown up in Wyoming, had represented it in Congress and had continuously maintained a residence in the state during his tenure at Halliburton. A few months before the election, he switched his voter registration and driver's license to Wyoming and put his home in Dallas up for sale. On July 21, 2000, Cheney changed his voter registration from Texas to Teton County, Wyoming. Three Texas voters challenged the election in a federal court in Dallas and then appealed the decision to the United States Court of Appeals for the Fifth Circuit, where it was dismissed.