Who's Afraid of the Twelfth Amendment?
September 13, 2008 11:31 AM Subscribe
The Twelfth Amendment of the U.S. Constitution has serviced the two-party system since 1804, but not without controversy. Little known about Amendment XII is that it requires an absolute majority of over half of the electoral college to win, currently 270 out of 538. If not, as in the case of third party state victories, or a tie of 269 each, the House of Representatives then selects the president from the top three contenders, with each state delegation having only one vote (also requiring a majority). Here's what the selection might look like today, advantage Democrats. However, it is the newly elected House that gets to decide the issue by the following March 4th (with the current VP ascending by default of indecision).
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