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13th Amendment Pros And Cons

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The Constitution of the Unites States had many problems that had to be fixed by adding amendments. Once an amendment is ratified by the majority it trumps what the Constitution originally stated is the law. The Twelfth Amendment was added to the flawed Constitution, so voting for President and Vice President was separate. The goal was to fix situations like the 1796 and 1800 elections. The Twelfth Amendment was added to the United States Constitution, because the 1796 and 1800 elections found faults in the Constitution, and these additions caused major changes in the executive branch.
The Constitution of the United States was put into place in 1787. Article II describes the duties and rules of the Executive branch. Article II, Section 1 explains the voting of the presidential election. Section 1 states “The Electors shall meet in their respective States, and vote by Ballot for two Persons… And they shall make a List of all the Persons voted for…” The Electors knew that they were voting for two different people, but their ballots were not labeled to say that. All of these votes go to the Senate, and the person with the largest amount of votes becomes President and the person with the second most votes becomes Vice President. Many of the founding fathers, including George …show more content…

The Twelfth Amendment states that “The Electors shall meet in their respective states, and vote by ballot for President and Vice President…they shall make two distinct lists of all persons voted for as President, and of all persons voted for as Vice President…” The difference between the Twelfth Amendment and Article I, Section 1 of the Constitution is that there are distinct separate ballots for both the President and the Vice President. This amendment made it so the problems with the 1796 and 1800 election never would happen

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The election of 1800, involved two parties. The Federalists and the Democratic-Republicans. John Adams and Charles C. Pinckney represented the Federalists and Thomas Jefferson and Aaron Burr represented the Democratic-Republicans. In the election of 1800, the candidates’ supporters wrote letters and articles to make their arguments against the opposing party. They didn’t travel around and give speeches like today.

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Problems faced in the 1796 and 1800 presidential elections involving the original procedure electing the the president and vice president prompted the creation and passing of the Twelfth Amendment, which requires electors of the electoral college to cast one vote for president and one for vice president. Prior to the amendment’s passage, the electors were unable to indicate which of their two votes was for the president and which was for vice president. Electors did not even necessarily have to cast two votes. It was also not permitted for an elector to vote for two people that came from the same state as that elector. This rule was designed so that electors would not purposefully vote for candidates simply because they were

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It describes how an amendment should be rectified so that presidents are chosen by the people; that the popular vote is considered just as much as the electoral college. By rectifying amendments, or creating new ones, we can change laws, and maybe make America better. Researching further, there were no amendments that has directly created the electoral college, although the Twelfth and Twenty-third amendments do have some key points pertaining to the electoral college. Taking action this year, there was a compromise that will work to stabilize the fine line between the popular vote, and the electoral

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Again in the election of 1800, Jefferson ran against Adams and this election turned into a battle between Federalist and Democratic Republicans. Jefferson defeated Adams; however, due to a defect in the electoral system, Jefferson tied with Democratic-Republican Aaron Burr. The House of Representatives broke the tie and voted Jefferson in office. In order to avoid this problem happening again, Congress proposed the Twelfth Amendment to the U.S. Constitution, which required separate voting for president and vice president. The

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Constitution, the 12th Amendment states that, “the electors shall meet in their respective states, and vote by ballot for President and Vice-President” (Edwards 2017). Meaning that citizens who vote in their respective states, cast their votes and whichever candidate wins the most votes for that state, will have the designated electors for that state vote for the candidate that receives the most votes for that state. There are times when the electors decide to not vote for the candidate that their state voted for. Those electors are called Faithless Electors.

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Disagreement of how a president would be selected was a major disagreement at the constitutional convention, but eventually a process was established in Article II Section I. There are specific instructions outlining the process of Presidential election, yet there are areas that are not mentioned. As an example, Presidents are elected by electors chosen by each state and making up the electoral College to vote on presidential elections, not popular vote. The methods for choosing those electorates from each state are not addressed leaving each state to determine how they will chose them. While the Constitution dictates the number of electorates from each state, it does not specify how they are chosen.

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When the delegates of the Constitutional Convention met they wanted to establish a leader since under the Articles of the Confederation there was no executive branch. So the delegates decided to create the offices of the president of the vice president. The delegates were in fear of a creating tyrant like they had previously with Britain, so they had to limit this new leader’s power. To prevent a tyrant from ruling again the delegates creating the Electoral College and this system is where the people select to president and the vice president indirectly. The reason the delegates did not let the people chose directly was they did not trust them because most Americans were illiterate at the time and heard their news from others.

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This compromise helped give each state equal say in the government. As John Samples said to the Cato Institute in In Defense of the Electoral College, “ … the Electoral College makes sure that the states count in presidential elections… an important part of our federalist system - a system worth preserving… federalism is central to our grand constitutional effort to restrain power.” (Doc C). Since this nation is founded on federalism (the sharing of power between national and state governments), it only makes sense that each individual state would want equal say in the nation’s government. Samples knew that to keep the government running smoothly, each state needed equal representation in the government, thus the Electoral College.

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The Framers of the United States Constitution incorporated a number of significant features. Examples of significant features include the Electoral College, and the Roles of the President. Both of these features were incorporated into the United States Constitution and still have an importance today. The Electoral College is a feature incorporated within the U.S. Constitution and it’s mentioned in Article II of the Constitution. The electoral college consists of 538 electors but only 270 electoral votes are needed to become President.

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In 1787, years after the founding of the United States, the Constitutional Convention met to decide how the new nation would govern itself. The delegates understood that the need for a leader was necessary but still bitterly remembered how Britain abused of its power. The delegates agreed that the President and Vice President should be chosen informally and not based on the direct popular vote, thus gave birth to the Electoral College. The Electoral College is defined as “a body of people representing the states of the US, who formally cast votes for the election of the president and vice president.” Since 1787 the Electoral College has been the system for voting in the United States, but with our nation ever more changing and growing it

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This is an indirect election where the votes cast by members of the Electoral College determine the winner (Polsby, 2012). Elections are won by a candidate who has garnered 270 Electoral College votes. A candidate could win the electoral vote but lose the popular vote. Before changing the 12th Amendment of the American Constitution (1804), the vice president became the runner-up during the elections. Congress, on the other hand, has two chambers including the Senate and House of Representative (Jamie & Jason, 2011).

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