Introduction
In 1787, the 55 framers of the constitution wrote the U.S. Constitution at the constitutional convention that was held in Philadelphia. Some of the most notable names of these framers are George Washington, James Madison, Benjamin Franklin, Alexander Hamilton and Thomas Jefferson. On the 21st of June 1788, nine states approved or ratified the U.S. Constitution, and the remaining states ratified it later. This constitution came as a replacement of the Articles of Confederation, an earlier set of government rules that formed the law of the land between 1781 and 1788. Throughout the years, many constitutional amendments have been made. In 1791, the first ten amendments were added. They were collectively referred to as the Bill of Rights, and they preserve people’s rights. Since then, there have been seventeen additional amendments. This makes 27 the total number of amendments to the constitution so far. Often, these amendments are made due to certain reasons and for a certain purpose. Two such amendments are the 12th and the 17th amendments, and both touch on election matters. This paper examines these two amendments, the reasons for their becoming part of the U.S. Constitution, and their importance in the 21st century.
The 12th Amendment
The 12th Amendment basically outlines the details on the procedure that the Electoral College uses when electing both the President and Vice President. This amendment was ratified on the 15th of June 1804, and the procedure it outlines has been applied in every presidential election since the year 1804. According to the Government Printing Office (28), the Amendment states that:
The electors shall meet in their respective states and vote by ballot for Vice-President and President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the individual voted for as President, and in distinct ballots the individual voted for as Vice-President.. (GPO 28).
It was the disastrous Presidential election of 1800 that led to this amendment.
Reasons for the 12th Amendment
Prior to this amendment, the Electoral College used a procedure outlined by Article II whereby each of the electors of the Electoral College had 2 votes for the president (Killian 2). The candidate who got a majority of the votes became the president, while the one with the second highest number of votes assumed the position of running mate. However, the 2 elections that preceded the 1804 election created problems in the electoral process. In the 1796 election, persons from different political parties became President and Vice President. This meant that the country’s vice president was like a rival to the president, a factor that could make the running of government affairs a difficult task. In the 1800 election, there was a tie between two candidates from the same party. Thomas Jefferson tied with his running mate Aaron Burr. This meant that the matter could only be solved by House of Representatives whereby each state would cast a single vote. The choice made by House of Representatives was Thomas Jefferson (Seminara 1).
However, to avoid these problems in the electoral process, the 12th amendment provided that the vice president and president would be voted for separately. This means that when an elector casts his or her ballot today, he or she lists one individual as his choice for vice president and another as his choice for president. After this, 2 separate lists are drawn up, one having the votes cast for the vice president, with the other having votes cast for the president (Seminara 1). The candidate with majority votes on list of presidential candidate becomes the president, while the candidate with the majority votes on the vice presidential list becomes the vice president. As such, this amendment was critical in shaping the electoral process as it is today.
Importance of the 12th Amendment in the 21st Century
Perhaps the greatest significance of the 12th Amendment was manifested in the 2000 election between George Bush and Al Gore. During the 2000 Presidential Election, Democratic candidate Al Gore won the popular vote by about half a million votes. However, it was the Republican candidate George Bush who won the Electoral College 271-266 against Gore (The Telegraph 1). One Gore elector abstained. Despite allegations of disenfranchisement and voter fraud in swing states such as Florida and Missouri, one thing can be learnt from this election. The Electoral College can select a candidate who has not won the popular vote. Critics observe that the Electoral College system denies the winner of the popular vote presidency, raising questions of whether the people or the Electoral College electors elect the president. The argument is that if the Electoral College can elect a president who is not the winner of the popular vote, then the popular vote which essentially represents the people’s voice ceases to have meaning.
Therefore, through the 12th Amendment, the Electoral College plays a major role in presidential elections in the United States even in the 21st century. According to Seminara (1), there are 538 Electoral College voters, with bigger states having more votes. 270 votes are required to win. For example, California has 55 votes while New York has 31 votes. This system has created what has come to be known as swing states. In the recent 2012 election, Obama and his running mate Joe Biden got 332 electoral votes against Mitt Romney’s 206 votes, affirming the re-election of President Obama. Usually, presidential candidates try to make their presence felt in the so-called swing states such as Arizona, Colorado, Florida, Iowa, Michigan, Missouri, Nevada, New Hampshire, North Carolina, Ohio, Pennsylvania, Virginia and Wisconsin (The Telegraph 1). Also, the 12th Amendment has ensured that presidential candidates pick their running mates who primarily become the vice president. For example, President Obama’s running mate and now Vice President was Joe Biden while Mitt Romney’s running mate was Paul Ryan. Therefore, while the 12th Amendment has greatly shaped the electoral process to date by eliminating certain problems, some people the Electoral College system as being strange.
The 17th Amendment
According to the Government Printing Office (34):
The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for 6 years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the State legislatures (GPO 34).
Reasons for the 17th Amendment
Prior to the 17th amendment, senators were chosen by state legislatures. The constitution adopted in 1788 provided that the Senate would be an assembly whereby states would have equal representation. This meant that each state legislature would choose 2 senators to six year terms. However, there were problems in the election of senators, especially when different parties had control of different houses leading to deadlocks in state legislatures (Killian 3). This meant that in the event of a vacancy, they could last months of even years. For example, in Indiana, a conflict between the northern Republicans and the southern Democrats made it impossible for the election of any candidate. Thus, the Senate seat was left vacant for 2 years. These problems multiplied after the Civil War. At the same time, political machines or special interests gained control over the state legislature with the elected senators being perceived to serve certain interests. Therefore, election of senators was characterized by contentious battles in state legislature and cases of intimidation and bribery. The adoption of the 17th amendment allowed voters to directly cast votes for Senators leading to the system known as the Direct Election of Senators. This amendment has continued to play a critical role even in the 21st century (Smith 1).
Importance of 17th Amendment in the 21st Century
In the 21st century, much debate surrounds the 17th Amendment. On the one part, there are those who believe that the 17th amendment was important for the democratic process, while on the other hand, there are those who believe that the 17th amendment should be repealed. Those calling for the repeal of the 17th amendment argue that it would increase the powers that states have in the political process since the elected officials would primarily care for the interests of each state. According to Marchi (52), the 17th amendment has had many effects. First, it has caused the Federal Government to seize the power to govern the people away from the States’ Governments. Two, it has allowed power to be transferred from States Governments’ officials to non-elected Federal Government officials, a factor that has altered the balance of power. Therefore, the elimination of the amendment would allow the flow of power between the States Governments Legislatures and the Federal Government to satisfy the needs of the people. Therefore, opponents feel that the Direct Election of U.S. Senators reverses the power of the states and reduces their power to check the Federal Government.
However, the 17th Amendment has been hailed as being democratic, whereby the people have the power to choose the candidates that they feel can represent them well. According to Smith (1), state legislatures were subject to manipulation by special interest groups or other entities. The 17th amendment eliminated the possibility of corruption and bribery in the selection process of senators. One of the most notable influences of 17th amendment is the passage of the Obama Health Care Bill. Its successful passage in the Senate has been blamed on senators refusing to vote for the best interests of the states, a consequence of the 17th amendment (Spivak 1). Therefore, while the 17th amendment is viewed as upholding democratic ideals, federal-state power balances dominate arguments that support its repeal.
Conclusion
Both amendments touch on electoral matters. The two amendments have had a great impact in both political and electoral processes in the 21st century. The 12th amendment created made changes to the Electoral College system. These changes continue to influence presidential elections even in the 21st century, with candidates being keen to win both the popular vote and the Electoral College majority vote. On its part, the 17th amendment has created room for democracy in the election of senators while eliminating issues such as disagreements within and between parties, intimidation, bribery and corruption which characterized the selection process of senators before the adoption of the 17th amendment. However, some members have called for the repeal of this amendment on grounds that it would augment the power of the states. What is evident is that both amendments have had a significant influence on the political and electoral process in the United States in the 21st century.
Annotated Bibliography
United States Government Printing Office. Amendments to the Constitution of the United States of America. Authenticated U.S. Government Information, pp. 1-22.
This is an article by the United States Government Printing Office that outlines the amendments to the constitution of the U.S.A. The article provides the details of all the 27 amendments made the constitution, starting with Amendment I all the way or Amendment XXVII. This article is important for this study because it states the provisions of the various amendments, including the 12th and the 17th amendment. By providing information on the provisions of these two amendments, the article assists in establishing the reasons that led to their inclusion on the constitution, and their impacts on today’s society.
Killian, Johnny H. Constitution of the United States. United States Senate. Web. 24 April 2013. http://www.senate.gov/civics/constitution_item/constitution.htm
This is an article prepared by the Senate’s Office of the Secretary. Basically, this article explores the constitution of the U.S.A. The article appropriately introduces the topic by outlining the chronology of events since its time of writing, ratification and the changes made to it. First, it provides the original text and its explanation including Articles I to VII. In addition, the article also explores the several amendments made to the constitution and also offers explanation for their inclusion. As such, this article is important in understanding the original text of the constitution, and the explanations provided for the various amendments including the 12th and 17th amendments.
Seminara, Jessica. What is the 12th Amendment? WiseGEEK, 14 March 2013. Web. 24 April 2013.
In this article, Jessica Seminara basically examines the 12th amendment. The article starts by explaining the details of the 12th amendment regarding the electoral procedure of the Electoral College when electing the president and the vice president. The article then provides the reasons that led to the passage of the 12th amendment. it was as result of problems in the electoral process in the system that existed prior to the amendment, the process defined by Article II. The article then goes on to explain the process that the Electoral College follows when electing the president and the vice president. This article is important to this study because it provides information on reasons that led to the inclusion of the 12th amendment in the constitution.
The Telegraph. US Election 2012 Guide: The Swing States. The Telegraph, 17 August 2012. Web. 24 April 2013.
This is an article found on The Telegraph newspaper website that provides important information about the United States Election. The article identifies the swing states that were expected to decide the 2012 presidential election in the United States. In identifying these swing states, the article provides details of both their population and their Electoral College votes. This article is important in this study because it highlights the impact that the 12th amendment in presidential elections in the 21st century whereby candidates not only seek the popular vote but also work hard to get the Electoral College vote. The article also mentions the 2000 presidential election between Al Gore and George Bush, an election that highlights the influence of the Electoral College in the election process.
Marchi, Daniel H. 17th AmendmentRescind!!! Bloomington, IN: AuthorHouse, 2006.
In this book, Daniel Marchi presents a number of reasons on why the 17th amendment should be rescinded. First, the author outlines the effects of the 17th amendment. The author also provides a list of the outcomes of eliminating the 17th amendment. While this book seems to be totally against the 17th amendment, it forms an important part of this study since it outlines some of the arguments put forward by those who want the 17th amendment repealed.
Spivak, Joshua. Don’t Repeal the 17th Amendment. Forbes, 02 April 2010. Web. 24 April 2013.
In this online article, Joshua Spivak argues provides reasons on why the 17th amendment should not be repealed. The author observes that repealing the amendment would limit democracy and increase corruption. The article opens by mentioning the passage of the Health Reform Bill, a move that prompts Congressman Louie Gohmert to propose repeal to the amendment. The article analyzes arguments put forward by those seeking to repeal the amendment and regards them as efforts to limit democracy and increase manipulation, corruption and bribery. This article is important to this study since it explores the influence of the 17th amendment in the 21st century, an influence that has seen some lawmakers and stakeholders call for its repeal.
Smith, Terry. Why We Have, and Should Keep, the 17th Amendment. Los Angeles Times, 22 Oct. 2010. Web. 24 April 2013.
In this article, Terry Smith explains the origins of the 17th amendment, as well as reasons why the 17th amendment should be kept. The article opens by making mention of “some tea party candidates” and their view that the direct election of senators harms states’ rights. However, the author observes that such people should not be quick to forget the reasons that led to the passage of the amendment. In doing so, the article outlines some of the reasons that led to the adoption of the 17th amendment including disagreements within and between parties and cases of corruption and bribery. This article also examines the benefits and influences of the amendment in today’s society and provides reasons on why the amendment should be kept. This article is important in this study because it provides an understanding of the origins of the amendment, its gains and influence in today’s society.
Works Cited
Killian, Johnny H. Constitution of the United States. United States Senate. Web. 24 April 2013. http://www.senate.gov/civics/constitution_item/constitution.htm
Marchi, Daniel H. 17th AmendmentRescind!!! Bloomington, IN: AuthorHouse, 2006.
Seminara, Jessica. What is the 12th Amendment? WiseGEEK, 14 March 2013. Web. 24 April 2013.
Smith, Terry. Why We Have, and Should Keep, the 17th Amendment. Los Angeles Times, 22 Oct. 2010. Web. 24 April 2013.
Spivak, Joshua. Don’t Repeal the 17th Amendment. Forbes, 02 April 2010. Web. 24 April 2013.
The Telegraph. US Election 2012 Guide: The Swing States. The Telegraph, 17 August 2012. Web. 24 April 2013.
United States Government Printing Office. Amendments to the Constitution of the United States of America. Authenticated U.S. Government Information, pp. 1-22.
