One Congress to Rule Them All

One Congress to Rule Them All

Written & Contributed to TLB by: KrisAnne Hall, JD

We may see something in November that we have never seen before and it’s all connected to the 12th amendment.

Before the ratification of the 12th Amendment, the presidential candidate receiving the greatest number of electoral votes was elected president and the presidential candidate receiving the second most votes was elected vice president. However, in the presidential election of 1800, there was a tie between the top two candidates. To provide a solution if that should ever happen again, in 1804 the States ratified the 12th Amendment to the US Constitution.

The 12th Amendment of the Constitution establishes that there must be two separate ballots in every presidential election: one for the president and one for the vice president. The Electors, casting two votes, choose the president and the vice president in two distinct ballots. If there is a tie on the presidential ballot, that tie would be broken by a vote of the House of Representatives under very specific instructions laid out in the 12th Amendment. In those instructions, the House is to select the President after January 6 but before March 4 of the same year. (Note- the new House Members will be sworn in on January 3rd, meaning the NEW HOUSE would select the President). Because separate elections for the President and Vice President are required by the Constitution, the newly elected Vice President would serve as President if the House does not settle the tie before the March 4th deadline.

In 1832, with no fanfare and no constitutional amendments, political parties began choosing presidential and vice-presidential candidates to run together on a single ballot. In the election of 1844 this practice became solidified across party lines and political parties submitted a single Presidential/Vice-Presidential ticket for that ballot; a vote for one is a vote for both. Finally, in 1940 after winning two previous elections, FDR had a political temper tantrum claiming he would not run for a third term unless HE got to choose his own running mate. This began the tradition of presidential candidates “choosing” their own running mates.

In the 2020 presidential election, some claim something could happen in our election that hasn’t happened since 1800: a tie in the electoral college vote for President. The 12th Amendment was written to provide the constitutional procedure for such an occurrence. The 12th Amendment reads:

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…if the House of Representatives shall not choose a President…before the fourth day of March next following then the Vice-President shall act as President…”

However, since Americans have allowed political parties to ignore the Constitution for one hundred eighty-eight years, there is no separate ballot for President and Vice President as the Constitution demands. As a result, there is no Vice President to act as President if the House cannot submit a tie breaking vote on March 4th. Here is where it gets interesting.

The 12th Amendment provides that in the event of a tie for the office of the President the House gives the tie breaking vote. If there is a tie in 2020, the House will pick the President, but the House is NOT authorized by the Constitution to pick the Vice President. The 12th Amendment establishes that in the event of a tie for vice-president, the Senate gives the tie breaking vote:

The person having the greatest number of votes as Vice-President, shall be the Vice-President…if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President…”

With the creation of single ticket running mates, there would be a tie in both the presidential and vice-presidential candidates. This means if there is a tie in 2020, the President would be chosen by the House and the Vice-President would be chosen by the Senate. For the first time in the history of America, the President and Vice President would be chosen entirely by the Legislative Branch rather than by the electoral college or vote of the people.

Our long slow march away from our Constitutional foundations will blur the lines of separation of powers beyond recognition. The separation of powers doctrine ensures that one branch of government does not assume total control over another branch. James Madison remarked in Federalist #47, “There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates.” The power to appoint is the power to control.

Because we have allowed our federal government to ignore our Constitution and operate our elections based upon the needs of parties and not the rule of law, our present Constitutional Republic is being transformed, as James Madison warned in 1798, “into an absolute, or, at best, a mixed monarchy.” Having traded the rule of law for the law of rulers, we are a nation far adrift from its Constitutional moorings. If we want to avoid the crash against the rocks we best reconnect with our anchor.


The above article (One Congress to Rule Them All) was contributed to TLB Project by author KrisAnne Hall and was originally published on


See more articles by KrisAnne HERE


Don’t forget to SUBSCRIBE FOR FREE! so you get the Daily Journal delivered right to your “door” everyday! Subscribe Here: Daily Journal Delivery


Get Informed – Get Equipped – Get Inspired

Because “Liberty must be defended at all hazards.” John Adams

If you would like a better understanding of how our Constitution created our federal judiciary, our online educational program called Liberty First University, will give you that understanding free from historical revision and political propaganda.  We have both online courses on the judiciary and DVDS available for in home, church, and group meetings.

You can find out more by clicking on the image below.

Check out The KrisAnne Hall Show by clicking on the link below:



Stay tuned to …


The Liberty Beacon Project is now expanding at a near exponential rate, and for this we are grateful and excited! But we must also be practical. For 7 years we have not asked for any donations, and have built this project with our own funds as we grew. We are now experiencing ever increasing growing pains due to the large number of websites and projects we represent. So we have just installed donation buttons on our websites and ask that you consider this when you visit them. Nothing is too small. We thank you for all your support and your considerations … (TLB)


Comment Policy: As a privately owned web site, we reserve the right to remove comments that contain spam, advertising, vulgarity, threats of violence, racism, or personal/abusive attacks on other users. This also applies to trolling, the use of more than one alias, or just intentional mischief. Enforcement of this policy is at the discretion of this websites administrators. Repeat offenders may be blocked or permanently banned without prior warning.


Disclaimer: TLB websites contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available to our readers under the provisions of “fair use” in an effort to advance a better understanding of political, health, economic and social issues. The material on this site is distributed without profit to those who have expressed a prior interest in receiving it for research and educational purposes. If you wish to use copyrighted material for purposes other than “fair use” you must request permission from the copyright owner.


Disclaimer: The information and opinions shared are for informational purposes only including, but not limited to, text, graphics, images and other material are not intended as medical advice or instruction. Nothing mentioned is intended to be a substitute for professional medical advice, diagnosis or treatment.

Be the first to comment

Leave a Reply

Your email address will not be published.