12th Amendment

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 of 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.

President and Vice President are to be voted for separately. The Vice President must meet the same requsites as the President.


This amendment unintentionally endorsed political parties, by making a President and a Vice President run together. When Andrew Jakson won the popular vote in 1824 he did not become President, but neither did the other two canidates, John Quincy Adams and Henry Clay, who were also from the republican party, the only party at that time. When the vote went to the House Clay, who was the Speaker of the House, dropped out. Clay convinced the House to vote for Adams, than was made Secratry of State. Jackson, angry about this, left the republican party and made his own, the democratic-republicans.


The 12th amendment was put into place because, although Aaron Burr was the Vice President canidate and Thomas Jefferson was the Presidental canidate they both recieved the same number of electoral votes. This ment that the vote had to go to the House of Re[resenatives. Now the two are voted for seperatly so this will not happen again.