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The Electoral College and the Twelfth Amendment Tweak
Trent England • Oct 22, 2024

In American history, there been just one consensus candidate for president. George Washington, the “father of his country” and the “indispensable man,” was chosen in the first two presidential elections.

John Adams was his vice president, but was chosen in roundabout way. The Constitution, before it was amended, made the runner up vice president. That is, presidential electors only voted for president (they each got two votes), and the top two finishers became president and vice president respectively.

The trouble is, if the same group of electors wanted Washington as president and Adams as vice president, they might cause a tie. To make sure Washington got the top spot, Alexander Hamilton worked behind the scenes so that Adams came in second (a distant second).

Still, those first two elections were easy. Almost everyone wanted George Washington to be president. John Adams was the logical choice for vice president. He was a respected statesman with similar views to Washington, and he came from Massachusetts and thus provided geographic balance. 

Things were not so easy in 1796, when Washington declined a third term. Adams barely beat Thomas Jefferson—his archrival. But Jefferson, in second place, became vice president. This led to an administration full of infighting and intrigue. And the election of 1800 was even worse!

It was another close election, but Jefferson beat Adams. He tied with his running mate, however, who happened to be the unscrupulous Aaron Burr. This meant the presidential election went to the House of Representatives, where Burr tried to beat Jeferson for the top spot. Hamilton stepped in again and helped Jefferson defeat Burr (who held a grudge).

The Twelfth Amendment, ratified in 1804, changed the Constitution so that Electors “vote by ballot for President and Vice-President.” Because the vice-presidential election is separate, it also requires a majority of electoral votes or else the choice goes to the Senate.

Constitutional changes since the Twelfth Amendment have been minor: protecting voting rights in state elections to select Presidential Electors and granting three Electors to the District of Columbia. Otherwise, the structure of the Electoral College has remained the same for over two centuries.

This article is adapted from the Encounter Broadside book, Why We Must Defend the Electoral College