Cite as: 591 U. S. ____ (2020)
3
Opinion of the Court
The next clause (but don’t get attached: it will soon be superseded) set out the procedures the electors were to follow
in casting their votes. In brief, each member of the College
would cast votes for two candidates in the presidential field.
The candidate with the greatest number of votes, assuming
he had a majority, would become President. The runner-up
would become Vice President. If no one had a majority, the
House of Representatives would take over and decide the
winner.
That plan failed to anticipate the rise of political parties,
and soon proved unworkable. The Nation’s first contested
presidential election occurred in 1796, after George Washington’s retirement. John Adams came in first among the
candidates, and Thomas Jefferson second. That meant the
leaders of the era’s two warring political parties—the Federalists and the Republicans—became President and Vice
President respectively. (One might think of this as fodder
for a new season of Veep.) Four years later, a different problem arose. Jefferson and Aaron Burr ran that year as a Republican Party ticket, with the former meant to be President and the latter meant to be Vice. For that plan to
succeed, Jefferson had to come in first and Burr just behind
him. Instead, Jefferson came in first and Burr . . . did too.
Every elector who voted for Jefferson also voted for Burr,
producing a tie. That threw the election into the House of
Representatives, which took no fewer than 36 ballots to
elect Jefferson. (Alexander Hamilton secured his place on
the Broadway stage—but possibly in the cemetery too—by
lobbying Federalists in the House to tip the election to Jefferson, whom he loathed but viewed as less of an existential
threat to the Republic.) By then, everyone had had enough
of the Electoral College’s original voting rules.
The result was the Twelfth Amendment, whose main part
provided that electors would vote separately for President
and Vice President. The Amendment, ratified in 1804,
says: