Amendment XII
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.
Debates in Congress
- quoted bySuggestedHouse, December 7, 1803, ¶ 17
And if the House of Representati les shall not cbooao 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 Preaiiienl.
The paragraph gives the words of the resolution from the Senate as read, and the words quoted (40 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, December 7, 1803, ¶ 18
Mr, Elliot moved to amend lb« resolation from the Senate by striking out the fullowlog " And iftbe House ofRepreaentstivea shall notcliooae 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, ■■ in the caseofthedeath 01 other Constitutional disabili^ of the President."
The paragraph gives the words of the words Mr. Elliot moved to strike out of the resolution, and the words quoted (27 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, December 7, 1803, ¶ 31
Deceubbb, ISnS* choose a President whenever Ike right of a choice AaU devolve upon them, before the fourth itj of Hardk next following, then the Vice President shall act mt President, ■■ In the case of the death or other Constitutional disability oflhe President
The paragraph gives the words of the words Mr. Dana moved to strike out of the resolution, and the words quoted (8 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, December 7, 1803, ¶ 32
"The person having the greatest number of votes aa Vice President, sbsU 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 number on the list, the Senate shd choose the Vice President; a qnomm for the purpose shall consist of two-thirds of the irtiole number of SeaBton, and a majority of…
The paragraph gives the words of the words Mr. Dana moved to strike out of the resolution, and the words quoted (29 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, December 7, 1803, ¶ 33
" But no person constitutionally ineligible to the office of President shall be eligible to that of Vice Pra^ ident of the United States"
The paragraph gives the words of the words Mr. Dana moved to strike out of the resolution, and the words quoted (17 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, December 7, 1803, ¶ 45
Cbambeblih moved to amend the resolution by striking out, in the second clause, the words "persons having the highest numbers not exceeding three," for the purpose of inserting the words " five highest."
The paragraph gives the words of the words Mr. Chamberlin moved to strike out of the resolution, and the words quoted (8 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, December 7, 1803, ¶ 53
I ask gentlemen to tell me the meaning of these words : -' and ' if no person have such majority, then from the ' persons having the highest numbers, not exceed- ' log three, on the list of those voted for as Presi- ' dent, the HouseofRepreseDiativesahetl choose," &.C.
The paragraph gives the words of the resolution, which the speaker quotes, and the words quoted (16 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, December 7, 1803, ¶ 55
The choice is to be made out of " the persons having the highest numbers, not exceeding three." Three what?
The paragraph gives the words of the resolution, which the speaker quotes, and the words quoted (9 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, December 7, 1803, ¶ 63
"The person having the greatest num- ' ber 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 high- ' est numbers, not exceeding three, on the list of ' those voted for as President, the House of Rep- ' reseniatives shall choose immediately, by ballot, ' the…
The paragraph gives the words of the resolution, which the speaker quotes, and the words quoted (34 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, December 7, 1803, ¶ 76
"And if the Houafl of Representatives shall not choose a President whenever the right of choice shall deroWa upon them, before the fourth day of March next following, then the Vice President shall act aa President, as in the case of the death or other constitutional disability of the President.
The paragraph gives the words of the words Mr. Dana moved to strike out of the resolution, and the words quoted (16 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, December 7, 1803, ¶ 77
"The pcnon having the greatest number ofvotea aa Vice President, ahall be the Vice President, if such number be a majority of the whole number of Eloctora 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.
The paragraph gives the words of the words Mr. Dana moved to strike out of the resolution, and the words quoted (53 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, December 7, 1803, ¶ 78
"But no person, constitution ally ineligible to the office of President, shall be eligible to that of Vice President of the United States."
The paragraph gives the words of the words Mr. Dana moved to strike out of the resolution, and the words quoted (18 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, December 7, 1803, ¶ 88
" The Electors ahall meet in their respective State*, and, vote, by ballot, for President and Vice President one of whom, at least, shall not be sn inhabitant of the same Stale with themselves -, they shall name, in their ballots, the person voted fl>r as President, and, in di*- tinct ballots, the person voted for…
The paragraph gives the words of the first member of the resolution, on which the House divided, and the words quoted (17 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, December 7, 1803, ¶ 92
to the President of the Senate ; the President of Ihs 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 President, if such number be a majority of the whole ninDbar of Electors appointed ; and, if no person have such majority, then, from the persons having the highest niu»-…
The paragraph gives the words of the second member of the resolution, agreed to by the House, and the words quoted (35 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, December 7, 1803, ¶ 93
" But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States."
The paragraph gives the words of the second member of the resolution, agreed to by the House, and the words quoted (22 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, December 8, 1803, ¶ 6
The passage stands thus : "And if the House of Representatives shall ' not choose a President, whenever the right of ' choice shall devolve on them, before the fourth ' day of March next following, then the Vice ' President shall act as President," &c.
The paragraph gives the words of the passage of the resolution the speaker quotes, and the words quoted (18 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, December 8, 1803, ¶ 25
It says, "and if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before (he fourth day of March next following, then the Vice President shall act as President, in the case of death or Constitutional disability of the President."
The paragraph gives the words of the resolution, which the speaker quotes, and the words quoted (21 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, December 8, 1803, ¶ 41
…of the election coming into this House, and changes the number of persons from whom the President is to bechosenin such anevent, from the five highest on the list, to the persons having the highest numbers not exceeding three. on the list of those voted for as President; and thereby, it is pretended, affects the interest of the small States, as they will not so frequently have the opportunity of exercising the power of voting for President…
The paragraph gives the words of the resolution, which the speaker quotes, and the words quoted (18 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, December 8, 1803, ¶ 42
…or was intended to relate to number; but as the words in this resolution as it came from the Senate, and as it is now considered under discussion, are, "from the persons having the highest numbers not exceeding three on the list," &c., the word numbers being plural, the word three must relate to numbers as Its antecedent, (with which it agrees,) not to persons; and the word numbers evidently means…
The paragraph gives the words of the resolution, which the speaker quotes, and the words quoted (13 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, December 8, 1803, ¶ 67
…"if i^e House of Representa- * tives shall not choose a President whenever the ' right of choice shall devolve upon them, before ' the fourth day of March then next following, ' then the Vice President shall act as President, as ' in the case of the death or other Constitutional ■ disability of the President." If the Vice President shall be elected by the Senate, the influence of the Senators may be added, to prevent a choice by the House, for they will naturally…
The paragraph gives the words of the resolution, which the speaker quotes, and the words quoted (24 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, December 8, 1803, ¶ 142
The second objection to this amendment was grounded on the indefinite mode of expression — ' "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." There is a want of precision in these words.
The paragraph gives the words of the resolution, which the speaker quotes, and the words quoted (28 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, October 19, 1803, ¶ 4
…number of toIo, shall be the President, if aach number be a majority of all the Electors appointed; and if no person have such majority, then from (he five highest on the list of those voted for as President, the House of Representatives shall immediately choose by ballot one of them as President.
The paragraph gives the words of the amendment Mr. Nicholson offered to the proposition, and the words quoted (14 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, October 22, 1803, ¶ 2
…the said Legislatures, shall be valid to all intents and purpoaas as a part of the said Constitution, " In all future elections of President and Vice President, the Electors shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President, of whom one at least shall not be an inhabitant of the same State with themselves.
The paragraph gives the words of the select committee's report, and the words quoted (22 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, October 24, 1803, ¶ 3
…the said Legislatures, shall be valid to all intents and purposes as a partof the said Constitution, " In all future elections of President and Vice Prea* dent, the Electors shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, of whom one at least shall not be an inhabitantof the same State with themselves.
The paragraph gives the words of the select committee's report as read, and the words quoted (22 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, October 24, 1803, ¶ 9
…the votes should be by Stales; and if it would induce the gentleman to vote for the resolution ha had moved, he would add the words of the Constitution, ■• But in choosing the President the votes shall be taken by States, the representation from each BtaU having one vote ; a quorum for this purpose shall consist of ' ' if a member or members from two-thirds of the la.
The paragraph gives the words of the words Mr. Clay added to his motion to amend, and the words quoted (16 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, October 24, 1803, ¶ 14
…the number of votes given to each person respectively ; which two lists they shall sign and certify, and transmit sealed to the Mat of Government of the United 8utc(, 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 cei^ tificales, and the votes shall then be counted.
The paragraph gives the words of the substitute Mr. Clopton read, and the words quoted (26 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, October 26, 1803, ¶ 8
…of the said Legislatures, shall be valid, to all intents and purposes, aa part of the said Constitution, " In all future elections of President and Vice President, the Electors shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President; of whom, one at least shall not be an inhabitant of the same State with themselves.
The paragraph gives the words of the resolution reported and agreed to, and the words quoted (22 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, October 28, 1803, ¶ 2
" In all future elections of President and Vice President, the Electors shall name in their ballols the person Toted President and in distinct ballots the person voted for as Vice Pntident ; of whom, one at least shall
The paragraph gives the words of the engrossed resolution as read the third time, and the words quoted (11 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, October 28, 1803, ¶ 3
not be an inhabitant of the same State with themselves, The pnnon voted for as President having a majority of the votes of all the Electors appointed shall be the President; and if no person have such majority, thcn.ffom…
The paragraph gives the words of the engrossed resolution as read the third time, and the words quoted (10 words) appear in the Twelfth Amendment.
- quoted bySuggestedHouse, October 28, 1803, ¶ 4
…number of votes aa Vice President shall be the Vice President; and in case equal number of votes for two or more persona for Vice President, they being the highest on the list, the Senate shall choose the Vice President from those having such equal number, in the manner directed by the Constitution."
The paragraph gives the words of the engrossed resolution as read the third time, and the words quoted (10 words) appear in the Twelfth Amendment.
- cited bySuggestedHouse, June 14, 1864 (2), ¶ 6
The twelfth prescribes more definitely than before the mode of casting the electoral vote and of conducting the election for President and Vice President under the provisions of the Constitution.
Among the twelve amendments, the paragraph names "the twelfth", on the mode of casting the electoral vote.
- cited bySuggestedHouse, June 15, 1864, ¶ 276
…the States; again in 1794, when the Third Congress proposed an amendment to limit the power of the Federal judiciary; and again after the struggle for the Presidency in 1801, when it became necessary to change the mode of electing the Presidentand Vice President.
The paragraph names the amendment made after 1801 "to change the mode of electing the President and Vice President", which is the Twelfth Amendment.
- quoted bySuggestedHouse, January 6, 1865, ¶ 46
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 tiie States."
The paragraph gives "the words of the Constitution" on election of the President by the House, in the Twelfth Amendment's wording then in force (the same words stand in the superseded Article II, Section 1, Clause 3).
- quoted bySuggestedHouse, May 10, 1866, ¶ 210
The President of the Senate shall, in thoprescneo of the Senate and House of Representatives, open all the certificates; and the votes shall thuu be counted." But who shall decide, if there be a dispute, whether a vote has come from a man legally chosen?
The paragraph quotes the constitutional provision for counting the electoral votes, "The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates", in the Twelfth Amendment's wording then in force (the same words stand in the superseded Article II, Section 1, Clause 3).
- cited bySuggestedHouse, May 10, 1866, ¶ 213
Buchanan was elected and the House in its separate capacity had determined that no one was elected, the Constitution requires that the House, thereupon, shall proceed immediately, yes, immediately is the command of the Constitution, without the concurrence of the Senate, to choose a President.
The paragraph says "the Constitution requires that the House ... shall proceed immediately ... to choose a President", the provision of the Twelfth Amendment for election by the House.
- quoted bySuggestedHouse, May 10, 1866, ¶ 216
"The Constitution provides that the President of the Senate, in the presence of the two Houses, shall open all certificates, and that the votes shall be counted, and the person having the greatest number of votes for President shall "bo President of the United States, if such number bo a majority of the wholcimmberof electors appointed; and so in regard to the Vice President.
The paragraph reads a speech by Mr. Washburn that quotes the Constitution: "the person having the greatest number of votes for President shall" be President, words found in the Twelfth Amendment.
- cited bySuggestedHouse, June 21, 1911, ¶ 308
…the method employed for the election of the President and Vice President, as provided in the third paragraph of the first section of Article II, was cumbersome and defective, and in the twelfth amendment they simply amended a part of the machinery of the Government at the · demand of the people of the United States, and this constitutes the twelfth amendment.
The speaker names "the twelfth amendment" as amending the method of electing the President and Vice President.
- quoted bySuggestedHouse, June 21, 1911, ¶ 359
The electors shall meet in their respective States and vote b:y ballot history President and Vice President, .one of whom at lea.st shall not be an inhabitant of the same .State with themselves.
Asked to "Read the twelfth amendment", the speaker reads its opening words (with a stray OCR word, "history").
- cited bySuggestedHouse, December 17, 1917, ¶ 729
The eleventh and twelfth amendments limit too power of th e Fed eral courts in actions against States and correct the defects in an impo sible plan of choosing Presidents and Vice Pr id…
The speaker names "The eleventh and twelfth amendments"; this link is to the twelfth, on the choosing of the President and Vice President.
- cited bySuggestedHouse, February 12, 1932, ¶ 122
Because of the Jefferson-Burr controversy, as you remember, it became necessary to pass the twelfth amendment, and I wish to read a little from the argument presented on the floor uf the Senate in order to show to this House the high character of the…
The paragraph names the twelfth amendment by number.
- cited bySuggestedHouse, February 12, 1932, ¶ 255
We now have the twelfth amendment.
The paragraph names the twelfth amendment by number as the amendment already made to the machinery for choosing the President.
- cited bySuggestedHouse, February 12, 1932, ¶ 281
Now, in electing a President when the Electoral College fails to perform that function, under the Constitution the Members of the House, voting by States, must vote for one of the highest three candidates who were voted for in the Electoral College.
The paragraph names the provision of the Constitution under which the House, voting by States, chooses the President from the three highest candidates of the Electoral College, which is the Twelfth Amendment.
- cited bySuggestedHouse, February 13, 1932, ¶ 212
I took great pains to read from the Debates of 1803 why the twelfth amendment was not ratified by convention rather than by the States.
The paragraph names the twelfth amendment by number.
- cited bySuggestedHouse, February 13, 1932 (2), ¶ 12
The thing that really needs amendment is the awkward arid absurd twelfth amendment itself, with its undemocratic expedient of the electoral college, putting the States to the utterly unnecessary expense of going through the form of electing groups of figureheads, who have not a thing to say about the election, except…
The paragraph names the twelfth amendment by number.
- cited bySuggestedHouse, February 13, 1932 (2), ¶ 13
The twelfth amendment should be repealed and the President and Vice President should be elected by direct vote of the people.
The paragraph names the twelfth amendment by number.
- cited bySuggestedHouse, February 13, 1932 (2), ¶ 44
…in the Electoral College shall choose the President of the United States, and the Senate, including the new Members, shall choose the Vice President of the United States, instead of the electoral vote being counted and the President and Vice President being elected by the old House and the Senate, as provided by the Constitution at the present time.
The paragraph names the provision of the Constitution as it then stood for counting the electoral votes and for the choice of the President by the House and the Vice President by the Senate, which is the Twelfth Amendment.
- cited bySuggestedHouse, June 14, 1960, ¶ 154
The proposed amendment next provides that the District electors "meet in the District and perform such duties as provided by the 12th article of amendment." This is the present provision of the Constitution which prescribes the manner in which the electors cast their ballots for President and Vice President.
The paragraph names the 12th article of amendment as the provision of the Constitution prescribing how the electors cast their ballots.
- cited bySuggestedHouse, June 14, 1960, ¶ 161
I should like to call to the attention of the gentleman from Ohio the following language which is a part of the first sentence of the 12th amendment:
The paragraph names the first sentence of the 12th amendment and introduces its words, quoted in the next paragraph.
- quoted bySuggestedHouse, June 14, 1960, ¶ 162
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-.
The paragraph quotes the opening words of the Twelfth Amendment, introduced in the preceding paragraph as part of its first sentence.
- quoted bySuggestedHouse, June 14, 1960, ¶ 163
May I ask the gentleman if the restricting language contained in this first sentence, which states, "one of whom, at least, shall not be an inhabitant of the same State with themselves," should be construed to apply to the electors af the District of Columbia, which itself is not a State.
The paragraph quotes, in quotation marks, the restricting words of the first sentence of the Twelfth Amendment.
- cited bySuggestedHouse, June 14, 1960, ¶ 452
…they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and cast their ballots as provided by the twelfth article of amendment."
The proposed article names the twelfth article of amendment for the casting of the electors' ballots.
- cited bySuggestedHouse, June 14, 1960, ¶ 458
…they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the 12th article of amendment.
The proposed article names the 12th article of amendment for the duties of the electors.
- cited bySuggestedHouse, April 13, 1965, ¶ 769
For example, the 12th amendment and many other amendments of the Constitution concern the election of the Executive.
The paragraph names the 12th amendment by number.
- cited bySuggestedHouse, April 13, 1965, ¶ 22
I think that inasmuch as the Constitution itself provides that the House of Representatives shall have the responsibility of electing a President, in case an electoral college cannot select a President , that it might be wiser to provide by statute or constitutional amendment, that in case there is a vacancy in the office of Vice President, that the vice-presidency shall…
The paragraph names the provision of the Constitution for the choice of the President by the House when the electors fail to choose, which is the Twelfth Amendment.
- cited bySuggestedHouse, March 23, 1971, ¶ 493
For example, the 12th amendment was ratified in 8 months and the 23d amendment was ratified in 9 months.
The paragraph names the 12th amendment by number.
- quoted bySuggestedSenate, December 1, 1803, ¶ 1
Thej ■hall 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 peraonavoted for aa 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…
The paragraph gives the words of the amended report, and the words quoted (29 words) appear in the Twelfth Amendment.
- quoted bySuggestedSenate, December 1, 1803, ¶ 2
*> 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 ahall choose the Vice President.
The paragraph gives the words of the amended report, and the words quoted (47 words) appear in the Twelfth Amendment.
- quoted bySuggestedSenate, December 2, 1803, ¶ 2
In lieu of the addition which he offered before, he now proposed to insert after the word choice, in the 37lh line, the following " And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the 4lh day of March next following, then the Vice President ^all act as President, m ui case of the death or other Constitutional disability of the President."
The paragraph gives the words of the addition Mr. Taylor proposed to insert, and the words quoted (22 words) appear in the Twelfth Amendment.
- quoted bySuggestedSenate, December 2, 1803, ¶ 221
…of whom, at least, shall not be an inhabitant of the aaroe State with themselves; they shall name in their ballots the person voted for as President, and, in diHtinct 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 hats they shall sign and certify, and transmit sealed to the seat of Government of the United State*, directed to the President of the Senate.
The paragraph gives the words of the resolution as passed by the Senate, and the words quoted (39 words) appear in the Twelfth Amendment.
- quoted bySuggestedSenate, December 2, 1803, ¶ 222
The person having ^a greatest nnmber of votes aa Vice President, shall be the Vice President, if such number be a majority of the whole number of Electon 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 (o the office of President, shall be eligible to that of Vice President of the United States.
The paragraph gives the words of the resolution as passed by the Senate, and the words quoted (58 words) appear in the Twelfth Amendment.
- quoted bySuggestedSenate, November 23, 1803, ¶ 24
" In all future elections of President and Vice President, the Electors shsU name in their ballots the person voted for as President, and, in distinct ballots, the person voted for as Vice President, of whom one at least shall not be an inhabitant of the same 8tal« with themselves.
The paragraph gives the words of the amendment Mr. Nicholas moved to insert in the report, and the words quoted (21 words) appear in the Twelfth Amendment.
- quoted bySuggestedSenate, November 24, 1803, ¶ 2
…three-fourths of the said Legislatures, shall be valid to all intents and purjxueg, as apart of the said Constitution, all future elections of President and Vice Preai' dent, the Electors shall name in their ballots the person voted for as President, and, in distinct ballots, the pciBOn voted for as Vice President, of whom one al least ahoJl not be an inhabitant of the same State with themselves.
The paragraph gives the words of the amendment as printed and read, and the words quoted (16 words) appear in the Twelfth Amendment.
- quoted bySuggestedSenate, November 24, 1803, ¶ 5
…report to a select committee, and that they be instructed to insert in the room of (he words he before proposed to omit, the words, "if such number be the majority of the whole number of Electors appointed ; and if no person have a majority, then from (he two highest on thelist the Senate shall choose the VicePresident." He would also move that the committee be in- 5(ruc(ed to insert after the word President, in the tenth…
The paragraph gives the words of the words Mr. Bradley moved to have inserted in the report, and the words quoted (17 words) appear in the Twelfth Amendment.
- quoted bySuggestedSenate, November 25, 1803, ¶ 3
" But in choosing tbe Preridenl, the voIm 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 Sutea shall be necessary to a choice.
The paragraph gives the words of the words the Senate agreed to insert in the amendment, and the words quoted (37 words) appear in the Twelfth Amendment.
- quoted bySuggestedSenate, November 25, 1803, ¶ 5
" If such number be a majority of the whole number of eleclon 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."
The paragraph gives the words of the words the Senate agreed to insert in the amendment, and the words quoted (53 words) appear in the Twelfth Amendment.
- quoted bySuggestedSenate, November 30, 1803, ¶ 1
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 toe two tughest nombers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall connst of two-thiids of ths whole number of Senators, and…
The paragraph gives the words of the amendment as read after the previous day's changes, and the words quoted (38 words) appear in the Twelfth Amendment.
- quoted bySuggestedSenate, October 21, 1803, ¶ 3
…votes for two or more persona for Vice President, they being the highest on the list, the Senate shall choose the Vice President from those having such an equal number; 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 Mr.
The paragraph gives the words of the paragraph Mr. Clinton's motion proposed to insert in place of the existing one, and the words quoted (28 words) appear in the Twelfth Amendment.
- cited bySuggestedSenate, February 17, 1869 (2), ¶ 735
…submitted they have been proposed tothe Legislatures of the- States, and the amendments which have been made are only the first eleven, which were submitted all at one time; afterward the twelfth, with regard to the choice of electors for President and Vice President; and then the thirteenth article, which related to slavery; and the fourteenth, wnich related to the question "of reconstruction.
The paragraph names "the twelfth" amendment, "with regard to the choice of electors for President and Vice President".
- cited bySuggestedSenate, July 5, 1909 (2), ¶ 238
Immediately the 'Country perceived the necessity of an amendment to the Constitution, and the twelfth amendment was adopted, providing against such contingencies as had arisen in that case.
The speaker names "the twelfth amendment" as adopted after the electoral tie of 1800.
- cited bySuggestedSenate, June 12, 1911, ¶ 106
This is equally true with reference to Article II, section 1, of the Constitution, which we amended by the twelfth amendment.
The speaker names "the twelfth amendment" as amending Article II, Section 1.
- cited bySuggestedSenate, June 13, 1911, ¶ 24
The Constitution, in the twelfth amendment, prescribes the manner in which a Vice President shall be elected in case the electors chosen by the people shall fail to make an election by a majority vote. It is provided in the Constitution that when that arises the Senate shall, of the highest two, choose the Vice President and elect him.
The speaker names "the twelfth amendment" and its provision for the choice of a Vice President by the Senate when the electors fail to make a choice.
- cited bySuggestedSenate, May 24, 1911, ¶ 95
I call the attention of my colleague to amendment 12 of the Constitution.
The speaker names "amendment 12 of the Constitution" as an amendment of Article II.
- cited bySuggestedSenate, January 6, 1932 (2), ¶ 17
Under the Constitution as it now stands, if it should happen that in the general election in November in presidential years no candidate for President had received a majority of all the electoral votes, the election o! a President would then be thrown into the House of Representatives and the membership of that House of Representatives called upon to elect a President would be the old Congress and not the new one just elected by the people.
The paragraph describes the provision of the Constitution as it then stood that sends the choice of a President to the House when no candidate has a majority of the electoral votes, which is set by the Twelfth Amendment.
- cited bySuggestedSenate, January 6, 1932 (2), ¶ 18
…under the present Constitution if the election of President and Vice President should be thrown into Congress on account of a failure of the Electoral College to elect, and that the House should fail within the time specified in the Constitution to elect a President, and the Senate should likewise fail during such time to elect a Vice President, the country would be left entirely without a Chief Magistrate and without any means of…
The paragraph names the time specified in the Constitution within which the House must choose a President when the election falls to it, which is set by the Twelfth Amendment.
- cited bySuggestedSenate, March 12, 1947 (3), ¶ 232
1804: On September 25, 1804, the twelfth amendment was ratified and adopted, which p r o vi ded for the sep a rate election of the P r esid e nt and Vice President.
The printed excerpt names the twelfth amendment by number and its provision for separate election of the President and Vice President.
- cited bySuggestedSenate, March 7, 1947, ¶ 286
The twelfth amendment shut the door minds.
The paragraph names the twelfth amendment by number.
- cited bySuggestedSenate, February 2, 1960 (3), ¶ 189
The electors so chosen are required to meet in their respective States and cast separate ballots for President and Vice President (amendment No. 12).
The printed opinion cites amendment No. 12 for the meeting of the electors in their States and their separate ballots for President and Vice President.
- cited bySuggestedSenate, February 2, 1960 (3), ¶ 195
Hinds' "Precedents of the House of Representatives," volume 1, page In the case of the presidential election, the votes cast by the electors for President and Vice President are required by amendment No. 12 to be tranmitted to Washington, where they are opened and counted by the President of the Senate in the presence of the Senate and House.
The printed opinion cites amendment No. 12 for the transmission of the electoral votes to the seat of government and their counting by the President of the Senate.
- cited bySuggestedSenate, February 2, 1960 (3), ¶ 276
…they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and cast their _ ballots as provided by the twelfth article of amendment.•
The proposed article names the twelfth article of amendment for the casting of the electors' ballots.
- cited bySuggestedSenate, February 2, 1960 (3), ¶ 291
…shall be considered, for the purposes of the election of President and Vice President, to be electors selected by a State; and that they shall meet in the District and cast . their ballots as provided by the 12th amendment.
The paragraph names the 12th amendment by number for the casting of the electors' ballots.
- cited bySuggestedSenate, March 22, 1962, ¶ 13
Article II, section 1, as amended by amendment 12, provides for election of the President and Vice President by a "number of electors equal to the whole number of Senators and Representatives to which the State may be…
The paragraph cites amendment 12 by number.
- cited bySuggestedSenate, March 22, 1962 (3), ¶ 145
…Congress may determine the Time of chusing the Electors and the Day on which they shall give their Votes; which Day shall be the same throughout the United States." The 12th amendment provides the manner in which these electors evidence their votes, and, in event no person shall have received a majority, requires the House of Representatives to choose · by ballot,…
The paragraph names the 12th amendment by number.
- cited bySuggestedSenate, March 22, 1962 (3), ¶ 148
The 12th amendment provides the manner in which these electors evidence manner as the legislature thereof may direct, a number of "electors." The word "elect" is nowhere used, and the manner of making…
The paragraph names the 12th amendment by number.
- quoted bySuggestedSenate, March 22, 1962 (3), ¶ 145
It preserves the original language, changing only the spelling of "chusing," and provides, "But in choosing the President, the votes shall be taken by states, the representation from each state having one vote."
The paragraph quotes Section 1 of the Twelfth Amendment.
- cited bySuggestedSenate, February 19, 1965 (3), ¶ 54
This, let me point out, has subsequently been amended in the 12th amendment.
The paragraph names the 12th amendment by number.
- cited bySuggestedSenate, February 19, 1965 (3), ¶ 109
…followed and the protections that must be given to the President, such as the protections already given, as in the case of impeachment, and such provisions as that under the 12th amendment so far as only the President is concerned.
The paragraph names the 12th amendment by number.
- cited bySuggestedSenate, February 19, 1965 (5), ¶ 164
…same time certain basic specifics to protect certain inalienable rights are necessary, such as the basic features provided in article 2, section 1, which has since been replaced by the 12th amendment.
The paragraph names the 12th amendment by number.
- cited bySuggestedSenate, February 19, 1965 (5), ¶ 274
The President of the Senate then would proceed in accordance with the provisions of the 12th amendment to the Constitution to count the ballots and certify the election of a new Vice President.
The paragraph names the 12th amendment by number.
- cited bySuggestedSenate, February 19, 1965 (5), ¶ 421
Precedence for the use of the word "immediately" and the interpretation thereof may be found in the use of this same word "immediately" in the 12th amendment to the Constitution.
The paragraph names the 12th amendment by number.
- cited bySuggestedSenate, February 19, 1965 (5), ¶ 422
In the 12th amendment, as the Senator knows, in the event no candidate for President receives a majority of the electoral votes, it is the responsibility of the House to decide who the…
The paragraph names the 12th amendment by number.
- cited bySuggestedSenate, February 19, 1965 (5), ¶ 427
…deciding this problem than there is when the House and the Senate must decide the question of who the President and Vice President shall be under the terms of the 12th amendment.
The paragraph names the 12th amendment by number.
- cited bySuggestedSenate, February 19, 1965 (5), ¶ 462
Does the Senator feel that we would decide a different question in relation to section 5 of Senate Joint Resolution 1 than would be decided under the provisions of the 12th amendment of the Constitution, in the event this body were required to decide who the Vice President would be, and the House were required to decide who the President would be,…
The paragraph names the 12th amendment by number.
- cited bySuggestedSenate, February 19, 1965 (5), ¶ 559
I cannot see a more firm determination made by the Congress than the determination which it makes under the 12th amendment, in which it is provided that in the event neither candidate for the Presidency receives a majority of the electoral votes, Congress shall immediately decide the issue.
The paragraph names the 12th amendment by number.
- cited bySuggestedSenate, March 9, 1971, ¶ 209
The 12th Amendment was ratified in 8 months; the 23rd Amendment was ratified in 9 months; the 13th, 20th, and 21st Amendments were ratified in 10 months; the 11th and 17th were ratified…
The paragraph names the 12th amendment by number.
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