The 12th Amendment to the U.S. Constitution

  • Prior to the ratification of the 12th amendment to the U.S. Constitution, the electors that made up the electoral college voted for two people – both candidates on the ticket that won a state – without specifying which person on the ticket should hold the presidency and which should hold the vice presidency.

  • This led to controversy over who had actually won the 1800 presidential election: presidential candidate Thomas Jefferson or his running mate Aaron Burr.

  • It was presidential candidate Jefferson who had chosen Burr as his vice-presidential candidate, but both men technically tied in the electoral college.

  • Congress ultimately determined that Jefferson would become the third President of the United States and Burr the vice president.

  • But the affair created animosity between the two men and culminated in Aaron Burr standing trial for treason in the Virginia State Capitol Building in the city of Richmond and President Jefferson misusing the powers of the presidency to try and ensure a guilty verdict (although Burr was ultimately acquitted).

  • And it would serve as the impetus for the ratification of the 12th amendment in 1804.

  • The amendment requires separate votes to be cast for presidential and vice-presidential candidates and has prevented a recurrence of the 1800 election debacle.

The controversy during the election of 1800 and resulting animosity between Burr and Jefferson culminated in Burr standing trail for treason in 1807 in the Virginia State Capitol Building, pictured above, and Jefferson misusing his presidential powe…

The controversy during the election of 1800 and resulting animosity between Burr and Jefferson culminated in Burr standing trail for treason in 1807 in the Virginia State Capitol Building, pictured above, and Jefferson misusing his presidential powers to try to ensure a guilty verdict.

Written By: Aiden Singh Published: July 26, 2020