Research Paper on Aaron Burr's Role in Passing 12th Amendment to US Constitution

Introduction

Even though Aaron Burr, who is the former vice president of the US, is not publicly acknowledged as a founding father, there is one case where he contributes directly in changing the constitution. This was achievable by forcing the 12th amendment passage after the crisis in the constitution that developed in the 1800 election (Weisberger). Originally, the constitution only allowed casting of two votes for the presidential position. And, the presidential candidate who acquired more votes than the other one becomes the President of the US while the other one becomes the vice president. This presidential election amendment was not a problem during the unanimous election consent of George Washington. Still, it became an issue in the 1796 election when two bitter presidential rivals Thomas Jefferson and John Adams finished in the 2nd and 1st position, respectively. John Adams had to have Thomas Jefferson, who is his biggest objector as his Vice president (Weisberger).

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The awkwardness worsens in the 1800 election when John Adams and Thomas Jefferson again rivaled for the US presidential seat. The campaign of Jefferson included the deal of making Aaron Burr, a New York politician, as his running mate (vice president) with speculation that the electors of both Jefferson and Adams will cast a vote less to Aaron Burr. Thus, resulting in Jefferson and Burr becoming the President and Vice President, respectively. But the two- Jefferson and Adams tied for the first election place by having 73 votes each. Furthermore, the tie election was sent by Article II to the House and was controlled by the Federalists Party of John Adams, where they could only vote for either Burr or Jefferson but not Adams. It is on this account Burr made a controversial move of trying to take the presidential position from Jefferson, who was his running mate. This research paper discusses in-depth how the life or actions of Aaron Burr changed the constitution (12th Amendment).

The 1800 Presidential Election

The 1800 Presidential election is a story of controversy, crisis, and change. Generally, as both Burr and Jefferson received each 73 votes, the opinion of the public took Thomas Jefferson's side. After a seven day of voting by the federalist party in the House, Jefferson eventually won the 36th ballot of the House election as his long-term enemy, Alexander Hamilton, instead of siding with Burr his old rival, he sided with Jefferson. Meaning Aaron Burr lost the presidential seat and was the vice president. On this account, the congress voted to clean up the flawed parts in the system of the presidential election, thus the enaction of the 12th Amendment in the US constitution by the approval of House after two debatable months by a margin of two-thirds followed by the senate. The 12th amendment first order was in 1803 October. During the process of state ratification, Connecticut and Delaware rejected the Amendment. Still, New Hampshire ratified the Amendment as the 13th state, and the 12th Amendment was certified officially by the State James Madison secretary in 1804 September. Exact time for the next election thus the presidential seat was easily won by Thomas Jefferson (Weisberger). Overall, the controversial actions of Adam Burr resulted in the making of the 12th Amendment, which ensured separate votes during elections for the presidential and vice President position.

Adam Burr's Controversial Actions

Publicly, Burr stayed calm, and would not give up the presidency to his running mate, Jefferson, who was the great federalist enemy. Rumors coursed that some Federalists and Burr were urging the representatives of Republicans to vote in favor of Burr. Thus, hindering the election of Jefferson in the House. Though strong proof of such intrigue was missing and since history believes in facts but not rumors, historians assumed the best about Burr. However, in 2011, a letter which was unknown to Edward Livingston from William P. Van Ness was discovered by Thomas Baker. The two- Edward Livingston from William P. Van Ness were the leading New York's Republicans and Democratic representatives (Baker). As known, Van Ness had close relations with Burr, filling in as Burr's second after Hamilton duel. As a main Republican-Democratic, Van Ness subtly bolstered the Federalists intend to choose Burr as President and attempted to get Livingston to join in the agenda (Baker). Livingston concurred from the start then disagree later. As Baker contends, Burr likely bolstered the plan of Van Ness as he says, " There is a compelling pattern of circumstantial evidence, much of it newly discovered, that strongly suggests Aaron Burr did exactly that as part of a stealth campaign to compass the presidency for himself." (Baker, p. 556). Burr's and federalists' controversial efforts did not work because of the reverse support of Livingston, but mostly, it did not work because of Alexander Hamilton supporting Jefferson and opposing Burr. Ultimately, Jefferson was 1800 president-elect while Burr became the vice president. The Amendment's first part text is as shown below.

The US Constitution - 12th Amendment

"The electors shall meet in their respective states and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;-The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice." (National Archives and Records Administration)

Conclusion

In conclusion, Aaron Burr's actions and contributions in US history have significance as he contributed majorly in the changing of the constitution, as explained above by impelling the 12th amendment passage. The past system of presidential election depicted both political parties growing influence and a significant deficiency in the entire process of election. The 12th amendment effect calls for a separate presidential, and vice-presidential voting for candidates thus assists in avoiding a constitutional crisis and controversial in case scenarios like a tie after counting votes occur. The 12th Amendment is still effective in correcting electoral weaknesses in the US.

Work Cited

Baker, Thomas N. " An Attack Well Directed" Aaron Burr Intrigues for the Presidency." Journal of the Early Republic 31.4 (2011): 553-598. Retrieved from; https://www.researchgate.net/publication/236785537_An_Attack_Well_Directed_Aaron_Burr_Intrigues_for_the_Presidency

National Archives and Records Administration. "Presidential Election Laws." (n.d). Retrieved from; https://www.archives.gov/federal-register/electoral-college/provisions.html

Weisberger, Bernard A. America Afire: Jefferson, Adams, and the Revolutionary Election of 1800. New York: William Morrow, 2000.