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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 U.S. Constitution, ratified in 1789, is our supreme law. The first ten amendments were ratified in December 1791. The Eleventh Amendment was ratified in 1795 and the Twelfth in 1804 ...
Thirty-three amendments to the Constitution of the United States have been proposed by the United States Congress and sent to the states for ratification since the Constitution was put into operation on March 4, 1789. Twenty-seven of those, having been ratified by the requisite number of states, are part of the Constitution.
The Twelfth Amendment requires a "majority of the whole number" of senators (currently 51 out of 100) to elect the vice president in a contingent election. In practical terms, this means that an absence or an abstention from voting is tantamount to a negative vote and could impair the election of either candidate. [7]
When the states have ratified the proposed amendment, then it becomes part of the Constitution. “…(O)ne or the other Mode of Ratification may be proposed by Congress…” to the states.
The deadlock and the drawn-out process prompted the creation of the 12th Amendment. Introduced by Congress in 1803, it marked a shift from the Constitution’s original Electoral College design.
It significantly expands upon the Twelfth Amendment, which states only that "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." [19] This central section of the Electoral Count Act has been significantly criticized.
Former President Donald Trump on Saturday called for modifying the 25th Amendment of the US Constitution and said if a vice president “lies or engages in a conspiracy to cover up the incapacity ...