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.
Adoption[ edit ] Journey to Congress[ edit ] In Marchweeks after the election of was resolved, two amendments were proposed in the New York state legislature that would form the skeleton of the Twelfth Amendment. Direct Popular Election Under direct popular election, the candidates winning the most popular votes nationwide would be elected.
In the same year, all 30 electors from Pennsylvania refused to support the Democratic vice presidential candidate, Martin Van Buren, voting instead for William Wilkins.
This system, which was intended to bring the two best qualified candidates to office, never anticipated the early growth of political parties and factions, each of which offered a joint ticket of two candidates—one for President and one for Vice President.
The Constitution, as noted previously, gives each state a number of electors equal to the combined total of its Senate membership 2 for each state and House of Representatives delegation currently ranging from 1 to 53, depending on population.
If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned.
The Senate then returns to the House chamber, and the joint session reconvenes. 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 that had taken over presidential elections.
However, the Congress may remove this disqualification by a two-thirds vote in each House. Disposition of certificates. Also, since every state only gets one vote, the representatives from each state must come to a decision on which candidate to support in the House.
Although 24 states seek to prohibit faithless electors by a variety of methods, including pledges and the threat of fines or criminal action, 31 most constitutional scholars believe that once electors have been chosen, they remain constitutionally free agents, able to vote for any candidate who meets the requirements for President and Vice President.
The Jeffersonians would find it even more objectionable if such a candidate achieved an Electoral College victory only as a result of these minority-vote wins in enough states.
Those votes were one-third of the Trump won overall—they were essential to his reaching an Electoral College majority of and becoming president.