1804, Thomas Jefferson Defeats Charles Pinckney: The Significance Of The 12th Amendment
1804, Thomas Jefferson Defeats Charles Pinckney: The Significance Of The 12th Amendment
The election of 1804 is markedly less significant than the
“Revolution of 1800.” While the triumph of Jefferson’s
Democratic-Republicans over Adams and Hamilton’s Federalist party
is noted by Jefferson as an event that “will ameliorate the
condition of man over a great portion of the globe,” 1804 failed to
merit such hope for the future of humanity. It would, however,
measure the ability of the new Constitution to remedy itself through
the amendment process and lead us to questions on the nature of the
executive branch and what representation in a republic means.
The election of 1800 proved that a
peaceful transition of power from one political party to another was
possible, but it brought to the fore a flaw in the new Constitution.
Chiefly, it was unprepared to handle a political system in which
parties existed. Prior to 1803 the electoral college cast
ballots for candidates individually, that is to say, whoever got the
most ballots became president, whoever received the next greatest
amount was to be vice president. In the case of a tie, the
House of Representatives was to decide. This had, in practice
and theory, served the nation over the first two administrations.
In the midst of the ratification debate, Hamilton as Publius in
Federalist 68 lauded the mode of electing the President,
“[if] it be not perfect, it is at least excellent.”
Hamilton goes on to discuss the way in which the republican nature of
the Electoral College safeguards the Executive from intrigue domestic
and insulates it from foreign influence. The presidency,
dependent upon the people, would attract “characters preeminent for
ability and virtue.” The rise of parties was so unexpected by the
framers that the executive branch would be the first major reform.
In regards to electoral politics, the election of 1800 proved more
sordid, with Jefferson and Aaron Burr tying for President. The
Democratic-Republicans had intended Jefferson to be President and
Burr as Vice President, but Federalists saw an opportunity to
confound their rivals and perhaps install a president more easily
swayed than Jefferson. As a consequence, the vote moved to the
House of Representatives. There were 35 unsuccessful votes, when
finally on February 17 of 1801 the 36th Ballot led to Jefferson’s
election over Burr – with help from Federalist leader Alexander
Hamilton, given his valid doubts over Burr’s character. This
bitter fight led to the same tensions that plagued the
Adams/Jefferson administration, and would contribute to Hamilton and
Burr’s fateful duel. Most significantly, it led directly to
the passage of the 12
th Amendment.
In response to this gridlock in appointing the chief executive, as
well as the resentment that grew out of the Adams/Jefferson and
Jefferson/Burr tickets, the 12
th Amendment was proposed in
the House in December of 1803 and ratified by the summer of 1804.
Effectively, rather than vote for two candidates, with the highest
recipient becoming president and second highest becoming vice
president, the tickets were separated. Electors voted for a
presidential candidate, then cast a second vote specifically for a
vice presidential candidate. Additionally, it narrowed the pool
of candidates electors could vote for in the event no candidate
received a majority from 5 to 3. The same qualifications
already in Article II for executive and for electors still applied.
Today, this is all fairly straightforward and unchanged from 1804,
when the new system successfully brought President Jefferson and Vice
President George Clinton to a second term of office.
The 12
th Amendment does not seem to bring very much to
bear on the course of American governance; it appears at first blush
a procedural change to accommodate the rise of parties.
However, at closer examination, two fundamental questions arise.
The first is the role of the vice president and republicanism in
presidential elections.
Federalist 68, one of the only
to mention the vice president, Hamilton contends that the office
should attract an “extraordinary person,” given the role as
President of the Senate and potential successor to the President.
Outside of these two tasks though, what role does the vice president
play? This is not clearly defined by the Constitution, but
let’s consider Hamilton’s exhortation that the mode of election
be republican and dependent upon the people. Before the 12
th
Amendment, the vice president could have served as a representative
of the minority view in the executive. In fact, Jefferson wrote
of the Vice Presidency in a 1797 letter to Eldridge Gerry, “those
who may endeavor to separate us, are probably excited by the fear
that I might have influence on the executive councils; but when they
shall know that I consider my office as constitutionally confined to
legislative functions…” Jefferson opposes the idea of the Vice
President as a partisan foil to the President, but it is illustrative
that the idea existed prior to 1800.
We see, in part here, the defect of the Convention in not better
anticipating partisanship both among the political class and among
the citizenry. The vice president, as the office was originally
appointed, could have served as a voice for the minority in the
executive branch. As a consequence of the 12
th
Amendment, to some extent, this is lost. Given the life
appointments of the Supreme Court, and the reflective nature of the
legislature being appointed by state governments and directly chosen
by the people, all principles of the people are manifest. The
executive branch, while tempered in government by checks and
balances, is in effect, a reflection of only majority will of the
people. Every other branch of government is more reflective of
the people themselves. Is the presidency republican if the
minority is not represented? Certainly the hope for an
impartial executive that represents the whole of the people has only
remained a hope, and to some, would in fact be a dereliction to the
majority. Conversely, should something happen to the President,
is it republican that the representative of the minority take control
of the executive branch?
A second major consequence of the 12
th Amendment is the
rise of parties and unintentional support of a two-party system.
The vice president became an electoral tool for parties to build
coalition support for a ticket, rather than find Hamilton’s
“extraordinary person.” The second name on the ticket is
useful in building regional coalitions, and as America’s
demographics shift, could be useful in mobilizing demographic
blocks. However, the need to build a broader base of support
can act as a moderating influence, much in the way a split
administration suggested above could. Indeed, it is likely a
better solution, as an executive that fails to function could harm
public faith in government, as much as an overzealous executive.
In limiting the option of electors from 5 to 3 in the event of no
candidates receiving a majority of votes, the 12
th
Amendment helps to constrain America’s political system to two
parties. The two-party system is confounding to Americans who
possess beliefs somewhat outside of the mainstream; Greens,
Libertarians, etc. It lends itself to an executive branch
reflective of the majority, but in republican government, is this
necessarily a flaw? In order to protect the rights of both the
majority and minority from passions inflamed by circumstance, does
there not need to be a distillation of extremes – Libertarians
siding with Conservatives, Progressives with Democrats – to keep
the system running, sensitive to the desires of the minority of
Americans, but reflective of the majority?
The election of 1804, and the success of the 12
th
Amendment, has aided in the survival of the American Republic for
nearly 240 years. Questions of how active, and how reflective,
we want the executive may remain, but we are perhaps well served by
the efforts of the Founders to alleviate the impact passion has on
the execution of the law.
- See more at:
http://www.constitutingamerica.org/blog/1804-thomas-jefferson-defeats-charles-pinckney-the-significance-of-the-12th-amendment-guest-essayist-james-legee/#sthash.sQx27wum.dpuf
The
election of 1804 is markedly less significant than the “Revolution of
1800.” While the triumph of Jefferson’s Democratic-Republicans over
Adams and Hamilton’s Federalist party is noted by Jefferson as an event
that “will ameliorate the condition of man over a great portion of the
globe,” 1804 failed to merit such hope for the future of humanity. It
would, however, measure the ability of the new Constitution to remedy
itself through the amendment process and lead us to questions on the
nature of the executive branch and what representation in a republic
means.
The election of 1800 proved that a peaceful transition of power from
one political party to another was possible, but it brought to the fore a
flaw in the new Constitution. Chiefly, it was unprepared to handle a
political system in which parties existed. Prior to 1803 the electoral
college cast ballots for candidates individually, that is to say,
whoever got the most ballots became president, whoever received the next
greatest amount was to be vice president. In the case of a tie, the
House of Representatives was to decide. This had, in practice and
theory, served the nation over the first two administrations.
In the midst of the ratification debate, Hamilton as Publius in Federalist 68
lauded the mode of electing the President, “[if] it be not perfect, it
is at least excellent.” Hamilton goes on to discuss the way in which
the republican nature of the Electoral College safeguards the Executive
from intrigue domestic and insulates it from foreign influence. The
presidency, dependent upon the people, would attract “characters
preeminent for ability and virtue.” The rise of parties was so
unexpected by the framers that the executive branch would be the first
major reform.
In regards to electoral politics, the election of 1800 proved more
sordid, with Jefferson and Aaron Burr tying for President. The
Democratic-Republicans had intended Jefferson to be President and Burr
as Vice President, but Federalists saw an opportunity to confound their
rivals and perhaps install a president more easily swayed than
Jefferson. As a consequence, the vote moved to the House of
Representatives. There were 35 unsuccessful votes, when finally on
February 17 of 1801 the 36th Ballot led to Jefferson’s election over
Burr – with help from Federalist leader Alexander Hamilton, given his
valid doubts over Burr’s character. This bitter fight led to the same
tensions that plagued the Adams/Jefferson administration, and would
contribute to Hamilton and Burr’s fateful duel. Most significantly, it
led directly to the passage of the 12th Amendment.
In response to this gridlock in appointing the chief executive, as
well as the resentment that grew out of the Adams/Jefferson and
Jefferson/Burr tickets, the 12th Amendment was proposed in
the House in December of 1803 and ratified by the summer of 1804.
Effectively, rather than vote for two candidates, with the highest
recipient becoming president and second highest becoming vice president,
the tickets were separated. Electors voted for a presidential
candidate, then cast a second vote specifically for a vice presidential
candidate. Additionally, it narrowed the pool of candidates electors
could vote for in the event no candidate received a majority from 5 to
3. The same qualifications already in Article II for executive and for
electors still applied. Today, this is all fairly straightforward and
unchanged from 1804, when the new system successfully brought President
Jefferson and Vice President George Clinton to a second term of office.
The 12th Amendment does not seem to bring very much to
bear on the course of American governance; it appears at first blush a
procedural change to accommodate the rise of parties. However, at
closer examination, two fundamental questions arise. The first is the
role of the vice president and republicanism in presidential elections.
Federalist 68, one of the only to mention the vice president,
Hamilton contends that the office should attract an “extraordinary
person,” given the role as President of the Senate and potential
successor to the President. Outside of these two tasks though, what
role does the vice president play? This is not clearly defined by the
Constitution, but let’s consider Hamilton’s exhortation that the mode of
election be republican and dependent upon the people. Before the 12th
Amendment, the vice president could have served as a representative of
the minority view in the executive. In fact, Jefferson wrote of the
Vice Presidency in a 1797 letter to Eldridge Gerry, “those who may
endeavor to separate us, are probably excited by the fear that I might
have influence on the executive councils; but when they shall know that I
consider my office as constitutionally confined to legislative
functions…” Jefferson opposes the idea of the Vice President as a
partisan foil to the President, but it is illustrative that the idea
existed prior to 1800.
We see, in part here, the defect of the Convention in not better
anticipating partisanship both among the political class and among the
citizenry. The vice president, as the office was originally appointed,
could have served as a voice for the minority in the executive branch.
As a consequence of the 12th Amendment, to some extent, this
is lost. Given the life appointments of the Supreme Court, and the
reflective nature of the legislature being appointed by state
governments and directly chosen by the people, all principles of the
people are manifest. The executive branch, while tempered in government
by checks and balances, is in effect, a reflection of only majority
will of the people. Every other branch of government is more reflective
of the people themselves. Is the presidency republican if the minority
is not represented? Certainly the hope for an impartial executive that
represents the whole of the people has only remained a hope, and to
some, would in fact be a dereliction to the majority. Conversely,
should something happen to the President, is it republican that the
representative of the minority take control of the executive branch?
A second major consequence of the 12th Amendment is the
rise of parties and unintentional support of a two-party system. The
vice president became an electoral tool for parties to build coalition
support for a ticket, rather than find Hamilton’s “extraordinary
person.” The second name on the ticket is useful in building regional
coalitions, and as America’s demographics shift, could be useful in
mobilizing demographic blocks. However, the need to build a broader
base of support can act as a moderating influence, much in the way a
split administration suggested above could. Indeed, it is likely a
better solution, as an executive that fails to function could harm
public faith in government, as much as an overzealous executive.
In limiting the option of electors from 5 to 3 in the event of no candidates receiving a majority of votes, the 12th
Amendment helps to constrain America’s political system to two
parties. The two-party system is confounding to Americans who possess
beliefs somewhat outside of the mainstream; Greens, Libertarians, etc.
It lends itself to an executive branch reflective of the majority, but
in republican government, is this necessarily a flaw? In order to
protect the rights of both the majority and minority from passions
inflamed by circumstance, does there not need to be a distillation of
extremes – Libertarians siding with Conservatives, Progressives with
Democrats – to keep the system running, sensitive to the desires of the
minority of Americans, but reflective of the majority?
The election of 1804, and the success of the 12th
Amendment, has aided in the survival of the American Republic for nearly
240 years. Questions of how active, and how reflective, we want the
executive may remain, but we are perhaps well served by the efforts of
the Founders to alleviate the impact passion has on the execution of the
law.
- See more at:
http://www.constitutingamerica.org/blog/1804-thomas-jefferson-defeats-charles-pinckney-the-significance-of-the-12th-amendment-guest-essayist-james-legee/#sthash.sQx27wum.dpuf
1804, Thomas Jefferson Defeats Charles Pinckney: The Significance Of The 12th Amendment – Guest Essayist: James Legee
The election of 1804 is markedly less significant than the
“Revolution of 1800.” While the triumph of Jefferson’s
Democratic-Republicans over Adams and Hamilton’s Federalist party is
noted by Jefferson as an event that “will ameliorate the condition of
man over a great portion of the globe,” 1804 failed to merit such hope
for the future of humanity. It would, however, measure the ability of
the new Constitution to remedy itself through the amendment process and
lead us to questions on the nature of the executive branch and what
representation in a republic means.
The election of 1800 proved that a peaceful transition of power from
one political party to another was possible, but it brought to the fore a
flaw in the new Constitution. Chiefly, it was unprepared to handle a
political system in which parties existed. Prior to 1803 the electoral
college cast ballots for candidates individually, that is to say,
whoever got the most ballots became president, whoever received the next
greatest amount was to be vice president. In the case of a tie, the
House of Representatives was to decide. This had, in practice and
theory, served the nation over the first two administrations.
In the midst of the ratification debate, Hamilton as Publius in Federalist 68
lauded the mode of electing the President, “[if] it be not perfect, it
is at least excellent.” Hamilton goes on to discuss the way in which
the republican nature of the Electoral College safeguards the Executive
from intrigue domestic and insulates it from foreign influence. The
presidency, dependent upon the people, would attract “characters
preeminent for ability and virtue.” The rise of parties was so
unexpected by the framers that the executive branch would be the first
major reform.
In regards to electoral politics, the election of 1800 proved more
sordid, with Jefferson and Aaron Burr tying for President. The
Democratic-Republicans had intended Jefferson to be President and Burr
as Vice President, but Federalists saw an opportunity to confound their
rivals and perhaps install a president more easily swayed than
Jefferson. As a consequence, the vote moved to the House of
Representatives. There were 35 unsuccessful votes, when finally on
February 17 of 1801 the 36th Ballot led to Jefferson’s election over
Burr – with help from Federalist leader Alexander Hamilton, given his
valid doubts over Burr’s character. This bitter fight led to the same
tensions that plagued the Adams/Jefferson administration, and would
contribute to Hamilton and Burr’s fateful duel. Most significantly, it
led directly to the passage of the 12th Amendment.
In response to this gridlock in appointing the chief executive, as
well as the resentment that grew out of the Adams/Jefferson and
Jefferson/Burr tickets, the 12th Amendment was proposed in
the House in December of 1803 and ratified by the summer of 1804.
Effectively, rather than vote for two candidates, with the highest
recipient becoming president and second highest becoming vice president,
the tickets were separated. Electors voted for a presidential
candidate, then cast a second vote specifically for a vice presidential
candidate. Additionally, it narrowed the pool of candidates electors
could vote for in the event no candidate received a majority from 5 to
3. The same qualifications already in Article II for executive and for
electors still applied. Today, this is all fairly straightforward and
unchanged from 1804, when the new system successfully brought President
Jefferson and Vice President George Clinton to a second term of office.
The 12th Amendment does not seem to bring very much to
bear on the course of American governance; it appears at first blush a
procedural change to accommodate the rise of parties. However, at
closer examination, two fundamental questions arise. The first is the
role of the vice president and republicanism in presidential elections.
Federalist 68, one of the only to mention the vice president,
Hamilton contends that the office should attract an “extraordinary
person,” given the role as President of the Senate and potential
successor to the President. Outside of these two tasks though, what
role does the vice president play? This is not clearly defined by the
Constitution, but let’s consider Hamilton’s exhortation that the mode of
election be republican and dependent upon the people. Before the 12th
Amendment, the vice president could have served as a representative of
the minority view in the executive. In fact, Jefferson wrote of the
Vice Presidency in a 1797 letter to Eldridge Gerry, “those who may
endeavor to separate us, are probably excited by the fear that I might
have influence on the executive councils; but when they shall know that I
consider my office as constitutionally confined to legislative
functions…” Jefferson opposes the idea of the Vice President as a
partisan foil to the President, but it is illustrative that the idea
existed prior to 1800.
We see, in part here, the defect of the Convention in not better
anticipating partisanship both among the political class and among the
citizenry. The vice president, as the office was originally appointed,
could have served as a voice for the minority in the executive branch.
As a consequence of the 12th Amendment, to some extent, this
is lost. Given the life appointments of the Supreme Court, and the
reflective nature of the legislature being appointed by state
governments and directly chosen by the people, all principles of the
people are manifest. The executive branch, while tempered in government
by checks and balances, is in effect, a reflection of only majority
will of the people. Every other branch of government is more reflective
of the people themselves. Is the presidency republican if the minority
is not represented? Certainly the hope for an impartial executive that
represents the whole of the people has only remained a hope, and to
some, would in fact be a dereliction to the majority. Conversely,
should something happen to the President, is it republican that the
representative of the minority take control of the executive branch?
A second major consequence of the 12th Amendment is the
rise of parties and unintentional support of a two-party system. The
vice president became an electoral tool for parties to build coalition
support for a ticket, rather than find Hamilton’s “extraordinary
person.” The second name on the ticket is useful in building regional
coalitions, and as America’s demographics shift, could be useful in
mobilizing demographic blocks. However, the need to build a broader
base of support can act as a moderating influence, much in the way a
split administration suggested above could. Indeed, it is likely a
better solution, as an executive that fails to function could harm
public faith in government, as much as an overzealous executive.
In limiting the option of electors from 5 to 3 in the event of no candidates receiving a majority of votes, the 12th
Amendment helps to constrain America’s political system to two
parties. The two-party system is confounding to Americans who possess
beliefs somewhat outside of the mainstream; Greens, Libertarians, etc.
It lends itself to an executive branch reflective of the majority, but
in republican government, is this necessarily a flaw? In order to
protect the rights of both the majority and minority from passions
inflamed by circumstance, does there not need to be a distillation of
extremes – Libertarians siding with Conservatives, Progressives with
Democrats – to keep the system running, sensitive to the desires of the
minority of Americans, but reflective of the majority?
The election of 1804, and the success of the 12th
Amendment, has aided in the survival of the American Republic for nearly
240 years. Questions of how active, and how reflective, we want the
executive may remain, but we are perhaps well served by the efforts of
the Founders to alleviate the impact passion has on the execution of the
law.
- See more at:
http://www.constitutingamerica.org/blog/1804-thomas-jefferson-defeats-charles-pinckney-the-significance-of-the-12th-amendment-guest-essayist-james-legee/#sthash.sQx27wum.dpuf