Under the original text of Article II, Section 1 of the United States Constitution, members of the electoral college cast two votes for president. In other words, there was not a separate vote for president and vice president. The presidential elections of 1796 and 1800 were tumultuous and divisive as a direct result of this trap for the unwary.

How did the founders fix this technical flaw in the Constitution? Prof. Richard Duncan of the Nebraska College of Law examines the electoral chaos that led to the adoption of the Twelfth Amendment.

#Constitution #electoralcollege #12thamendment #twelfthamendment #vote #elector #election #Americanhistory

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As always, the Federalist Society takes no position on particular legal or public policy issues. All expressions of opinion are those of the speaker.

Learn more about Richard Duncan:
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Follow Richard Duncan on Twitter @FedSocLawProf
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Related Links & Differing Views:

William & Mary Law Review: “The Transformative Twelfth Amendment”
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Texas Law Review: “The Second American Revolution in the Separation of Powers”
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Marquette Law Review: “Rethinking Article II, Section 1 and Its Twelfth Amendment Restatement”
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United States House of Representatives: “Electoral College & Indecisive Elections”
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