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The Twelfth Amendment in the National Archives. The Twelfth Amendment was proposed by the 8th Congress on December 9, 1803, when it was approved by the House of Representatives by vote of 84–42, [16] having been previously passed by the Senate, 22–10, on December 2. [17]
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.
The 12th Amendment mandates Congress assemble in joint session to count the electoral votes and declare the winners of the election. [15] The Electoral Count Act, a federal law enacted in 1887, further established specific procedures for the counting of the electoral votes by the joint Congress. [16]
In response, the Electoral Count Act of 1887 elaborated and expanded on the 12th Amendment. First, it empowered Congress to decide between competing slates of electors, though some of its language ...
A proposed amendment may be adopted and sent to the states for ratification by either: The United States Congress, whenever a two-thirds majority in both the Senate and the House deem it necessary; or. A national convention, called by Congress for this purpose, on the application of the legislatures of two thirds (presently 34) of the states ...
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 ...
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]
There’s just one problem for a potential Vice President Newsom: the 12th Amendment. The amendment outlines how presidential electors in the Electoral College cast ballots for the presidential ...