Maybe Charlie, I will check it out again I don't recall the 12th amendment forbidding a mixed ticket.
Sorry Charlie, here is the text of the 12th amendment and I read nothing that precludes the mixed ticket scenario:
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. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.
The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
Election of 1796 resulted in a mixed election - J. Adams was a Federalist while T. Jefferson was a Democrat. Both had been candidates for President. Adams got most elctor votes, jefferson second. They did NOT play well together. This coupled with election of 1800 led to the clarification provided by the 12th Amendment.
I usually try to take in the situational context that leads to a Constitutional amendment, as well as the actual text.
I understand the history Charlie however, the actual amendment does not exclude the possibility of a mixed ticket. I am sure the amendment assumes that the Senate will do the appropriate thing and elect the person intended to be on the ticket but in today's partisan climate I am not sure it would end up that way.
Wouldn't it bee funny if this happened and the House elected Romney for President and the Senate elected Obama for Vice President. LMFAO!!!!!
Very funny idea indeed watchpig but while I agree with flowmaster this is possible I don't believe it would ever happen.
Very interesting blog Flow!!:-)
I find it interesting -looking way back in history- to know that the earliest elections in our country did not have party preferences, and a president did not "choose" his running mate.
Everyone who wanted to run for office, put their name on the ballot. the top vote getter was named president, and the recipient of the second highest number of votes was named vice president.
How times have changed. Elections has gotten so ugly and disrespectful, and our media can no longer be trusted to give us concrete facts. It's a sad time we live in.