This possibility is part of the election process set by the main part of the US Constitution and is not due to any amendment.
The amendment in question is not responsible for allowing a presidential candidate to lose the popular vote but win the electoral vote. This is a consequence of the design of the Electoral College, outlined in Article II, Section 1 of the U.S. Constitution. The Electoral College system can result in a discrepancy between the popular vote and the electoral vote, as it is the latter that ultimately determines the outcome of the presidential election.
Electoral College
congress
The president of the United States is elected to office by the electoral college as opposed to popular vote. Any candidate who wins the presidency has to have a majority of at least 270 electoral votes. If no candidate receives a majority, the election will need to be decided via a procedure outlined in the Twelfth Amendment of the Constitution.
The House of Representatives elected the president. The 12th Amendment to the Constitution (1803) requires the House to "immediately" elect a president in the event no candidate gets an electoral majority. There were 4 candidates in the 1824 election and none received a majority of electoral votes, requiring the House to make the decision as to who would be President of the US.
The Twelfth Amendment to the United States Constitutionprovides the procedure for electing the President and Vice President. The best example of its use is the recent election of 2016, where the Republican candidate lost the popular vote, but was elected President by the Electoral College.
270 out of 538.
The House selects the president out of the top 3 candidate with votes.
No, the House of Representatives does not have the power to choose the Vice President. According to the 12th Amendment of the U.S. Constitution, if no candidate receives the required number of electoral votes to be elected as Vice President, the election moves to the Senate, where they select the Vice President from the two candidates with the highest number of electoral votes.
A presidential election is won by the candidate who receives a majority of the electoral votes in the U.S. Electoral College.
The 12th Amendment reorganized the system for electing the US President.
A presidential election is one where citizens vote for the President. In this type of election, voters directly choose their preferred candidate for the position of President of their country. The candidate who receives the majority of the electoral votes or the popular votes (depending on the country's system) wins the election and becomes the President.
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