ter Improvement Dist., 298 U.S. 513, 531 (1936).

[52] Farish _v._ State Banking Board, 235 U.S. 498 (1915); Missouri _v._
Fiske, 290 U.S. 18 (1933).

[53] Murray _v._ Wilson Distilling Co., 213 U.S. 151, 172 (1909), citing
Smith _v._ Reeves, 178 U.S. 436 (1900); Chandler _v._ Dix, 194 U.S. 590
(1904). _See also_ Graves _v._ Texas Co., 298 U.S. 393, 403-404 (1936).

AMENDMENT 12

ELECTION OF PRESIDENT

Page
Purpose and operation of the amendment 942
Electors as free agents 942

ELECTION OF PRESIDENT

Amendment 12

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[1] next following, then the Vice-President shall act as
President, as in the case of the death or other constitutional
disability of the President.[2]--The person having the grea