Shutterstock.com How the Constitution Is Out of Sync With Current Elections
We believe in this day and age, with essentially a two-party system, that Article II, Section 1 of the U.S. Constitution and the 12th Amendment should be further amended.
October 25, 2020 at 10:00 AM
3 minute read
Election of the president of the United States may be more complex than most people realize. Under Article II, Section 1, of the United States Constitution, each state has the number of electors equal to their representation in Congress appointed in a manner established by the state legislature. Under the 12th Amendment, electors vote for president and vice president, and the candidate who receives the greatest number of votes for president is elected president if he receives a majority vote of the electors. However, "if no person have such majority," the House of Representatives shall chose among the three candidates receiving the highest number of votes. "But in choosing the President, the votes shall be taken by states, the representation from each state having one vote … and a majority of all the states shall be necessary to a choice."
Clearly our present two-party system with linked nominations for president and vice president was not envisioned when the Constitution was drafted in 1787 or became effective in March 1789, or when the 12th Amendment was ratified in 1804. But if there is a tie vote for president in the Electoral College, or no candidate receives a majority of the votes, it still requires the House of Representatives to select the president, and that choice is made with each state having only one vote.
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