Political Awareness

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Presidential Ties and Tribulations: The 12th Amendment’s Fix for a Flawed Election

When the United States first started electing presidents, there were a few major flaws with the system. The process under the original Constitution was that the person with the most electoral votes became President, and the runner-up (second most electoral votes) became Vice President. While this may sound fair for your local baking competition, for the presidency, it quickly led to chaos. Political rivals who spent months attacking one another were forced to serve together, leading to lots of dysfunction within the executive branch. It became even more dysfunctional when, in one election, a tie threw the entire system into crisis.

To fix this, the 12th Amendment was passed in 1804. It changed the way we elect both our President and Vice President, making the executive more functional, and a lot less awkward.

The Election Disaster of 1800

The problems with the original system became abundantly clear after the presidential election of 1800. Thomas Jefferson and Aaron Burr, both from the Democratic-Republican Party, ended up with the same number of electoral votes. When this happens, the constitution specifies the House of Representatives votes to break the tie and pick the president. After 36 rounds of voting, Jefferson finally won, but only after plenty of backroom deals and intense political debate.

This tie wasn’t just confusing, it was dangerous. It illustrated that the system could get messy quickly, and that political parties had changed how elections worked.

What the 12th Amendment Says

“The Electors shall meet in their respective states and vote by ballot for President and Vice-President…they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President.”

In other words, electors now have to cast separate votes for President and Vice President. This eliminates the runner-up being chosen as president, and instead makes the Vice President a distinct elected position.

Why the 12th Amendment Made a Difference

The 12th Amendment was the Constitution’s way of reforming a system that had a critical design flaw. The founders hadn’t expected political parties to become mainstream in America, and the old system wasn’t built for that. By letting parties run candidates as a pair (a President with their chosen Vice President), elections became more straightforward and the executive branch became more effective.

Modern Relevance on Tribulations

Though the 12th Amendment solved an old problem of presidential ties, it also highlight the relevance of the Electoral College today. It still plays a central, and often controversial role in our presidential elections. Still today, close elections create confusion and tension. For example, both the 2000 and 2020 elections involved disputes over who the winner of the election was.

The 12th Amendment continues to remind us that the Constitution is a living and changing document. It must, and should, change as our nation ages. The amendment also reminds us that our election systems aren’t rigid, and are able to be changed.

Conclusion: Fixing the Flaws for Today

The 12th Amendment was created in response to a flawed presidential system, which became apparent after a tense election. It was a much needed update to the constitution that created a smoother and fairer election process. Over 200 years later, it still remains a lesson in how our constitution needs to adjust, and how important it is to keep improving the way we conduct our elections.