No 12th Amendment

[Captain Chaos]

The Twelfth Amendment to the United States Constitution replaced Article II, Section 1, Clause 3, which pertained to Presidential elections. That clause had stated that each member of the U.S. Electoral College would cast two votes for the President, with the person receiving a majority of the Electoral Votes becoming the President and the runner-up becoming the Vice President. Problems with this system were demonstrated by the elections of 1796 and 1800. The Twelfth Amendment, proposed by the U.S. Congress on December 9, 1803 and ratified by the requisite number of state legislatures on June 15, 1804, required electors to cast two distinct votes: one for President and another for Vice President.

Suppose Congress failed to replace Clause 3. What effect would this have on Presidential elections through the present day?

The following timeline answers this question. Some of the events were taken from another alternate history web site. So without further adoo

1803:
On December 9, three Senators abruptly switch their votes, under pressure from Aaron Burr, who wants to stay Vice President. The 12th Amendment is voted down.

1804:
Due to Jefferson's becoming President, despite Burr's efforts as an independent candidate, he is beaten out for the Vice Presidency by Governor George Clinton of New York.

1805:
Thomas Jefferson is sworn in as President for a 2nd term.

1825:
Andrew Jackson is sworn in as Vice President of the United States, having lost to John Quincy Adams.

1829:
John Quincy Adams becomes the first President to be demoted to Vice President, as Andrew Jackson is inaugurated into the highest office.

1837:
Martin Van Buren is stuck with a Vice President, William Henry Harrison, who he despises.

1841:
Martin Van Buren becomes Vice President, instead of President. Harrison takes office.

Harrison's death on April 4 leaves Van Buren back in the White House, much to the chagrin of the Whigs. They all resign from the cabinet, except Daniel Webster, Secretary of State.

1844:
Seizing on Whig anger, Henry Clay is nominated for President.

Democrats nominate James K. Polk for President, in place of incumbent President Martin Van Buren.

Polk trounces Clay, but Clay still gets the Vice Presidency.

1845:
Polk is sworn in as President, with Clay as Vice President.

Vice President Clay criticizes the annexation of Texas, warning that it will mean "war for more slavery.”

1848:
The Whigs nominate Zachary Taylor for President.

The Democrats nominate Lewis Cass for President.

Taylor wins. Cass becomes VP.

1849:
President Taylor takes office a day late, due to Inauguration Day being a Sunday. (He refuses to be sworn in on "the Sabbath".)

1850:
President Taylor dies suspiciously on July 8. He is succeeded by Vice President Cass.

1852:
President Cass is nominated for a 2nd term by the Democratic Party.

General Winfield Scott wins the Whig nomination.

Scott defeats Cass, who again becomes Vice President.

1854:
President Scott dies unexpectedly. Vice President Cass succeeds him

1856:
The newly formed Republican Party nominates Colonel John C. Fremont for President.

James Buchanan is nominated for President by the Democrats.

Final results of the 1856 elections give Buchanan the White House. Fremont becomes the first bastard to assume the Vice Presidency.

1860:
President Buchanan, Senator Stephen A. Douglas of Illinois, Vice President Fremont, former Governor William H. Seward of New York, and Senator John C. Breckinridge of Kentucky all run for President.

On December 1, the House of Representatives barely breaks the Electoral tie, electing John C. Fremont as President, with Senator Breckinridge as Vice President. The South, while not pleased with the results, decides that it has enough influence in the Senate to justify delaying secession.

1861:
In a compromise reached by President Fremont, Vice President Breckenridge and the Congressional leadership, slavery will be preserved where it exists until 1890. It will not be introduced into any new territories nor exist in any new states. In 1890, each slave state’s legislature shall vote to either adopt a program of manumission, or secede peaceably from the Union. The compromise is incredibly unexpected, but fairly popular as it shuffles the problem of slavery away from the current generation and seems a wise way to keep the peace. It is opposed by abolitionists and some Southern Congressmen, but many call it a brilliant solution

1864:
Fremont is defeated for a 2nd term by Governor Horatio Seymour of New York, who has united the Democratic Party behind him.

1865:
Horatio Seymour is sworn in as President. John Fremont is demoted to Vice President.

1868:
The Republicans nominate Senator Abraham Lincoln for President.

Abraham Lincoln is elected President. Seymour will be demoted to Vice President.

1872:
President Lincoln announces that he will not seek reelection. Republicans nominate Secretary of State William Seward.

Democrats nominate Senator Andrew Johnson of Tennessee for President.

William Seward dies of a heart attack on October 10. In a special convention, Republicans nominate Salmon Chase.

Salmon Chase is elected President. Johnson becomes Vice President.

1873:
On May 7, President Chase dies in New York City. Andrew Johnson becomes President.

1875:
On July 31, President Andrew Johnson dies of a stroke at his home in Tennessee.  With the Presidency and Vice Presidency vacant, Secretary of State Hamilton Fish becomes President.

1876:
President Fish announces that he will not seek the Presidency in his own right.

New York Governor Samuel Tilden defeats Rutherford B. Hayes and becomes President.

1880:
President Tilden dies of a heart attack. He had been in declining health during his term of office. Hayes becomes President.

Retired General Winfield Hancock defeats Rutherford Hayes and is elected President. Hayes is demoted to the Vice Presidency.

1881:
President Hancock is assassinated by Charles Guiteau on July 2. Hayes returns to the Presidency.

1884:
Governor Grover Cleveland of New York defeats James Blaine and is elected President. A few Republicans led by Theodore Roosevelt campaigned for Democrat Cleveland. Blaine takes the Vice Presidency as a consolation prize.

1885:
With a reputation for corruption, Vice President Blaine resigns the office on December 23 to avoid almost certain impeachment from Congress.

1888:
Benjamin Harrison follows in the footsteps of his father, William Henry Harrison, and is elected President. Grover Cleveland is demoted to Vice President.

1892:
In a rematch, Vice President Cleveland defeats President Benjamin Harrison.

1896:
Vice President Harrison announces he is retiring when he completes his term of office. Republicans nominate Ohio Governor William McKinley. Democrats nominate Congressman William Jennings Bryan of Nebraska.

McKinley defeats Bryan in a landslide and is elected President. Free silver Democrats will still have a voice in the new administration as Bryan will become Vice President.

[Captain Chaos]

1900:
In a rematch, President McKinley is reelected over Vice President Bryan. In New York, Governor Theodore Roosevelt is easily reelected.

1901:
President McKinley is assassinated in Buffalo, New York on September 14. Vice President Bryan becomes President. Upon learning the news, Senator Mark Hanna of Ohio laments “that damn Nebraska Cornhusker is president now.”

Mark Hanna introduces the 12th Amendment in Congress that was defeated in 1804. However, Democrats and anti-Hanna Republicans vote it down.

1904:
Senator Mark Hanna dies of typhoid fever on February 15. He had been considered the frontrunner for the Republican Presidential nomination.

Governor Theodore Roosevelt is nominated by the Republicans for President.

In a landslide, Roosevelt defeats Bryan for the Presidency. Bryan will stay on as Vice President.

1908:
President Roosevelt defeats Vice President Bryan in a rematch.

1912:
President Roosevelt is elected to an unprecedented third term as President over New Jersey Governor Woodrow Wilson.

1916:
President Roosevelt decides not to seek reelection. Governor Hiram Johnson of California defeats Vice President Woodrow Wilson for the Presidency.

1919:
Vice President Wilson’s proposal for a League of Nations becomes a reality. President Johnson agrees to amendments that Senate Republicans demanded for approval of the League of Nations treaty. Such amendments were opposed by Wilson but Senate Foreign Relations Committee Chairman Henry Cabot Lodge could easily ignore a mere Vice President and work with President Johnson on the issue.

Citing declining health, Vice President Wilson announces he will not run for office next year.

1920:
President Johnson is reelected over Ohio Governor James Cox in a landslide. Cox becomes Vice President.

1924:
Commerce Secretary Herbert Hoover is elected President over John Davis.

1928:
Vice President Davis announces that he will not run for President so he can resume his law practice.

Democrats convince Congressman Franklin D. Roosevelt to accept the party’s nomination for President. Roosevelt had wanted to run for Governor of New York but many Southern delegates absolutely refused to nominate Al Smith due to his Roman Catholic religion. Although Hoover is heavily favored to win reelection, Smith would become Vice President and the first Catholic to be next in line for the Presidency.

President Hoover is reelected. Roosevelt wins his home state of New York and sweeps every Southern state.

1932:
Vice President Franklin D. Roosevelt defeats Senator Charles Curtis for the Presidency. With the country in recession since 1930, Republicans had very little chance against FDR.

1936:
President Roosevelt is reelected over Kansas Governor Alfred Landon.

1940:
President Roosevelt decides to seek a third term, much to the relief of Democrats. On the other hand, Vice President Landon decides not to seek the Presidency because he wants to return home to Kansas and spend more time with his family.

The Republicans nominate Wendell Willkie for President

Roosevelt is reelected President. Willkie becomes VP.

1941:
The Japanese attack Pearl Harbor on December 7. President Roosevelt asks Congress for a declaration of war against Japan. Vice President Willkie gives his full support.

1944:
Citing heart disease, Vice President Willkie announces his retirement after completing his term. Republicans nominate Governor Thomas Dewey of New York.

President Roosevelt is reelected. Dewey becomes Vice President.

1945:
On April 12, President Roosevelt dies of a stroke. He was 63. Dewey is sworn in as President.

On August 9, President Dewey orders atomic bomb drops on Hiroshima and Nagasaki. Two days later, Japanese Emperor Hirohito announces Japan’s surrender. World War II is over.

1946:
Henry Wallace resigns as Secretary of Agriculture due to disagreements with President Dewey over policy toward the Soviet Union.

Riding President Dewey’s post-war popularity, Republicans make gains in Congressional races but not enough to win control of either house of Congress.

1948:
President Thomas Dewey is reelected over Democratic nominee Henry Wallace and States Rights Party nominee, Governor Strom Thurmond of South Carolina. Wallace does become VP much to the dismay of Dewey.

1950:
Acting on the recommendations of Secretary of War Dwight Eisenhower, President Dewey fires General Douglas Macarthur on May 16 and increases the number of troops. North Korean Communist leader Kim Il-Sung is killed when his military compound is bombed by US Navy planes. His death ends the Korean War and unifies Korea.

[Captain Chaos]

1952:
Senator Harry S. Truman of Missouri announces he will not seek reelection and retire after 3 terms in the Senate.

Dwight Eisenhower is elected President over Governor Adlai Stevenson of Illinois.

1960:
Senator Barry Goldwater scores an upset victory over Governor Nelson Rockefeller in the California primary and clinches the Republican Presidential nomination.

Vice President Stevenson defeats Barry Goldwater in a landslide. Goldwater wins only 4 states: New Hampshire, Utah, Idaho and his home state of Arizona. But that is good enough to win the Vice Presidency. LOL

1961:
The Bay of Pigs invasion is a disaster. Vice President Goldwater makes a speech criticizing President Stevenson over his incompetence.

1963:
On November 22, President Stevenson is assassinated during a campaign visit to Dallas. To the dismay of Democrats, Barry Goldwater becomes President.

1964:
At his first State of the Union address, President Barry Goldwater advocates a National Right to Work Amendment and a privatization of Social Security and the Tennessee Valley Authority. With control of both houses of Congress, Democrats declare President Goldwater’s agenda dead on arrival.

On July 2, President Barry Goldwater vetoes the Civil Rights Act of 1964 and calls it an intrusion on states rights. The next day, the House and Senate override Goldwater’s veto by more than two-thirds margin. The Civil Rights Act of 1964 becomes law.

Congressman John Lindsay of New York announces his switch to the Democrats and announces his candidacy for the US Senate.

Democrats nominate former Massachusetts Governor John F. Kennedy for President. In his acceptance speech, Kennedy criticizes President Goldwater for starting a war with North Vietnam even after the Senate defeated the Gulf of Tonkin resolution. Kennedy also proposes an income tax that Goldwater vetoed earlier this year and a voting rights act to end the Jim Crow laws in the South.

John F. Kennedy takes 63 percent of the popular vote and is elected the first Roman Catholic President. Goldwater wins only 6 states: Arizona, Idaho, Mississippi, Alabama, South Carolina and Georgia. Kennedy’s coattails enable Democrats to gain seats in Congress. In New York, John Lindsay is elected to the Senate as he defeats incumbent Kenneth Keating.

At the urging of Republicans, President Goldwater announces he will not return to the Vice Presidency when he completes his current term of office. Goldwater asks Congress to amend the Constitution to allow the President to nominate a Vice President when that office becomes vacant.

1965:
John F. Kennedy is sworn in as President. “In the long history of the world," he says in his Inaugural Address, "only a few generations have been granted the role of defending freedom in its hour of maximum danger. I do not shrink from this responsibility, I welcome it. I do not believe that any of us would exchange places with any other people or any other generation. The energy, the faith, the devotion which we bring to this endeavor will light our country and all who serve it. And the glow from that fire can truly light the world. And so, my fellow Americans, ask not what your country can do for you, ask what you can do for your country."

President Kennedy orders a phased withdrawal of troops and military advisors from Vietnam.

On May 13, Congress passes and President Kennedy signs the Voting Rights Act into law. Blacks in the south are now able to vote for the first time in history.

New York, the home state of Aaron Burr, becomes the 37th state to ratify the Vice Presidential succession amendment, making it law. On August 5, President Kennedy nominates Senator Hubert Humphrey for Vice President. He is easily confirmed by the House and Senate.

Congress passes the largest tax cut in history, which President Kennedy signs into law. The legislation also includes an Earned Income Tax Credit for lower income taxpayers.

President Kennedy signs the Environmental Protection Act into law. The legislation creates the Environmental Protection Agency.

Secretary of State Stuart Symington informs President Kennedy that North and South Vietnam have agreed to cease hostilities and end the Vietnam War.

Abe Beame is elected the first Jewish mayor of New York City. He easily defeats his Republican opponent William F. Buckley.
 
On the eve of Thanksgiving, the Vietnam Peace Treaty is signed in Melbourne, Australia. North and South Vietnam agree to unify by 1969.

1968:
Citing health problems related to Addison’s disease, President Kennedy announces he will not run for reelection.

Vice President Hubert Humphrey is comfortably elected President of the United States. He defeats Senator Richard Nixon, who will become Vice President. Third party candidate George Wallace wins the states of Alabama, Mississippi and Georgia.

1969:
Former New York City Mayor Robert Wagner defeats unpopular incumbent Abe Beame in the Democratic primary. Wagner will be elected to his fourth term as mayor this November and retire from politics in 1973.

1970:
Robert F. Kennedy, brother of former President John F. Kennedy and Attorney General in that administration, is elected to the US Senate from Massachusetts.

1971:
George Wallace announces he is not a candidate for President in 1972. He endorses Vice President Nixon.

1972:
While campaigning in Laurel, Maryland, Vice President Nixon is shot by Arthur Bremer. Nixon survives the assassination attempt but is forced to end his campaign for President.

The Republicans nominate Governor Ronald Reagan of California.

President Humphrey is reelected. Reagan takes the Vice Presidency.

1976:
Riding voter anger over inflation, recession and increased government, Vice President Reagan defeats Senator Henry “Scoop” Jackson to win the Presidency. Jackson will become Vice President.

1979:
Citing longtime friendship with Iran, President Reagan allows the exiled former Shah to enter the United States for medical treatment. His decision is endorsed by Vice President Jackson and Secretary of State George Bush. Senator Robert Kennedy criticizes the decision. Days later, Iranian students storm the US Embassy in Tehran and take its staff hostage.

1980:
Senator Robert Kennedy defeats Vice President Henry Jackson in the New Hampshire Democratic primary.

Senator Robert Kennedy wins the California primary and clinches the Democrat party nomination for President.

Unable to control inflation, end the recession or end the hostage crisis in Iran, President Reagan is defeated for reelection by Senator Robert Kennedy. Reagan will be demoted to Vice President next January.

1981:
Former President John F. Kennedy dies of a heart attack at his home in Boston on March 25. He was 64. He is survived by his wife Jacqueline and his children, John Jr., Caroline and Frank (born in 1965).

After John F. Kennedy’s body lies in state at the US Capitol building, it is flown back to Boston for burial.

On March 30, Vice President Reagan stands in for President Kennedy at the Hilton Hotel to address an AFL-CIO conference. As he leaves the hotel, he is shot by John Hinckley but survives the assassination attempt.

1983:
Vice President Reagan decides not to run for President next year for health reasons.

1984:
President Kennedy is reelected over Senate Minority Leader Bob Dole.

1988:
Jack Kemp defeats Vice President Dole in the New Hampshire Republican primary. Dole’s refusal to sign a no new tax pledge really hurt.

Jack Kemp is elected President over Governor Michael Dukakis of Massachusetts. Dukakis will become the first Greek-American Vice President.

1992:
Running on his record of winning the Persian Gulf War and economic recovery, President Jack Kemp is reelected over Arkansas Governor Bill Clinton. Vice President Dukakis decided not to run after his wife Kitty was treated for alcoholism. Bill Clinton will succeed Dukakis as Vice President.

1996:
Vice President Clinton is elected President over Senator John McCain.

2000:
After the Supreme Court refuses to order a recount of the votes in Florida after he wins the state by just over 500 votes, President Clinton is officially reelected in a rematch over Vice President McCain.

2001:
On September 11, 4 planes crash into the World Trade Center, Pentagon and an empty field in Pennsylvania. When it is discovered that Osama bin Laden ordered the terrorist attacks, President Clinton orders military action to remove the Taliban from power in Afghanistan and destroy the al-Qaeda camps.

2003:
President Clinton refuses to send troops to Iraq to overthrow Saddam Hussein because UN inspectors did not find WMDs in that country. His decision is supported by Vice President McCain.

2004:
Vice President John McCain is elected President. Senator John Kerry of Massachusetts becomes Vice President.

[Хahar 🤔]

Interesting.

[Robespierre's Jaw]

Interesting.

I second that motion. Do you plan to continue this timeline or elaborate on it some more?

[Captain Chaos]

I believe I have gone as far as I could on this timeline. There are a few things I will elaborate:

1. With Henry Wallace serving as Vice President during the Dewey presidency, Democrats will decide to never support Wallace in 1952 even if he became President before the next election. Please note that the founders of Americans for Democratic Action (ADA) were committed to ending Communism.

2. With Adlai Stevenson as a sitting Vice President in 1960 and a front runner for the Democratic nomination, JFK decides not to seek the Presidency. As a result, there is no special election in Massachusetts in 1962. Ted Kennedy most likely runs for and is elected Attorney General of Massachusetts that year.

3. RFK would probably serve in some capacity in the Stevenson administration. He could be a Solicitor General, US Attorney, a deputy Attorney General, or maybe Chief of Staff or some type of advisory capacity in the White House. If not, he might be a staff attorney to a Senate subcomittee chaired by his older brother. When JFK does run for President in 1964, Bobby will definitely manage his brother's campaign full time.

4. When a shoot from the hip cowboy such as Goldwater moves up to the presidency after Stevenson's assassination, the entire Cabinet will resign as soon as Goldwater takes the oath of office. Now, he has to nominate a new slate and send the nominations to the Senate. Since James Eastland chairs the Judiciary Committee and Richard Russell the Armed Services Committee, Goldwater should have few problems getting his picks for Attorney General and Secretary of Defense confirmed. And he will have to deal with J. William Fulbright at Foreign Relations.

5. John Lindsay would not be the only Republican elected official switching parties during the Goldwater presidency. As a Senator, Lindsay never becomes mayor of NYC. He serves as a Senator until he retires in 1982.

6. As the Democratic nominee for President in 1964, JFK does not run for reelection to the Senate. Most likely, Edward McCormack (nephew of Speaker John McCormack) is elected to the seat. While the Kennedys enjoyed a close relationship with John McCormack, it was less so with Eddie. Ted Kennedy most likely decides not to run for office in 1970. Therefore, Bobby runs for the Senate and wins the Democratic primary and the general election. Ted becomes a successful lawyer and liberal activist in the 1970s, runs RFK's 1980 campaign, and serves as Chief of Staff or maybe US Attorney General.

7. Ronald Reagan is fortunate that the Vice Presidency is a consolation prize in this timeline. He spends the next 4 years campaigning for the White House and building the Republican party. After being demoted to the Vice Presidency in 1981 and surviving an assassination attempt, it makes sense for Reagan to retire at the age of 73 after being VP and Pres for 12 years (he was probably in the earliest stages of Alzheimer's disease).

I am glad that you have enjoyed reading this timeline. I intend to add more timelines. I am working on a timeline in which John Anderson is elected President in 1980. That's all I am going to say about that. In the meantime, stay tuned.

[True Federalist (진정한 연방 주의자)]

Interesting, but you have too many cases where there is a 1796 style election.  That was a fluke, even by pre-12th Amendment standards, caused by some last minute scheming by Hamilton to make Pinckney president instead of Adams that backfired.

The Federalist results in 1800 show what would likely have become the norm for most Presidential elections absent the 12th Amendment.  The one electoral vote that John Jay received was deliberately cast so as to avoid having the House having to pick the President by causing the Vice Presidential candidate for the Federalists to have one less vote than their Presidential candidate.  Now in a year like 1824 where there was no strong party system, you'd get a mad scramble, and that might well have affected history.  For instance, Calhoun would have stayed in the Presidential race since there was no safe Vice Presidential race to retreat to.  Also, Clay might wel have ending up becoming President in 1824, since without the 12th, his name would have undoubtedly been one of the five largest vote getters.  Alternatively, the House might not have gotten the election.  Jackson did receive 13 Vice Presidential votes in the real 1824, and with no 12th Amendment, he likely would have gotten additional 2nd preferences.

[DWPerry]

If there was no 12th Amendment, we'd have more that two "major-parties"

[DWPerry]

I just ran numbers on 1992, assuming no 12th Amendment with states awarding the winner of the state getting 1 vote from each elector and the the next 2 highest candidates getting EV's somewhat proportionate to their vote total
I came up with
Clinton   Bush   Perot
480   409   187

someone do 1968, that should be interesting

[defe07]

I just ran numbers on 1992, assuming no 12th Amendment with states awarding the winner of the state getting 1 vote from each elector and the the next 2 highest candidates getting EV's somewhat proportionate to their vote total
I came up with
Clinton   Bush   Perot
480   409   187

someone do 1968, that should be interesting

Did you allocate the EVs for the candidates that came in 2nd and 3rd state-wide or nation-wide? Let's see if I get this right: if a state has 3 electors (6 Electoral  Votes), the winner would get 3 Electoral Votes but what about determining the Electoral Votes for the runner-up and 3rd place finisher? 

[DWPerry]

I just ran numbers on 1992, assuming no 12th Amendment with states awarding the winner of the state getting 1 vote from each elector and the the next 2 highest candidates getting EV's somewhat proportionate to their vote total
I came up with
Clinton   Bush   Perot
480   409   187

someone do 1968, that should be interesting

Did you allocate the EVs for the candidates that came in 2nd and 3rd state-wide or nation-wide? Let's see if I get this right: if a state has 3 electors (6 Electoral  Votes), the winner would get 3 Electoral Votes but what about determining the Electoral Votes for the runner-up and 3rd place finisher? 

I alloctaed EV's state-by-state
Wyoming for example has 3 Electors
1st place gets 3EV's
2nd place 2
3rd place 1