# Constitution of the United States of America/Annotated/Introduction/Early Amendments (Eleventh and Twelfth Amendments)

Online at https://constitution.congress.gov/browse/essay/intro.3-3/ALDE_00000136/
Brackets enclosing an amendment number indicate that the number was not specifically assigned in the resolution proposing the amendment.
Amendment [XI.]
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
The Eleventh Amendment was proposed by Congress on March 4, 1794 when it passed the House, having previously passed the Senate on January 14. It appears officially in 1 Stat. 402. Ratification was completed on February 7, 1795, when the twelfth state (North Carolina) approved the Amendment, there being then fifteen states in the Union. Official announcement of ratification was not made until January 8, 1798, when President John Adams in a message to Congress stated that the Eleventh Amendment had been adopted by three-fourths of the states and that it may now be deemed to be a part of the Constitution. In the interim South Carolina had ratified, and Tennessee had been admitted into the Union as the sixteenth state.
The several state legislatures ratified the Eleventh Amendment on the following dates: New York, March 27, 1794; Rhode Island, March 31, 1794; Connecticut, May 8, 1794; New Hampshire, June 16, 1794; Massachusetts, June 26, 1794; Vermont, between October 9 and November 9, 1794; Virginia, November 18, 1794; Georgia, November 29, 1794; Kentucky, December 7, 1794; Maryland, December 26, 1794; Delaware, January 23, 1795; North Carolina, February 7, 1795; South Carolina, December 4, 1797.
Amendment [XII.]
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.
The Twelfth Amendment was proposed by Congress on December 9, 1803, when it passed the House having previously passed the Senate on December 2. It was not signed by the presiding officers of the House and Senate until December 12. It appears officially in 2 Stat. 306. Ratification was probably completed on June 15, 1804, when the legislature of the thirteenth state (New Hampshire) approved the Amendment, there being then seventeen states in the Union. The Governor of New Hampshire, however, vetoed this act of the legislature on June 20, and the act failed to pass again by two-thirds vote then required by the state constitution. Inasmuch as Article V of the Federal Constitution specifies that amendments shall become effective when ratified by legislatures of three-fourths of the several States or by conventions in three-fourths thereof, it has been generally believed that an approval or veto by a governor is without significance. If the ratification by New Hampshire be deemed ineffective, then the Amendment became operative by Tennessee’s ratification on July 27, 1804. On September 25, 1804, in a circular letter to the Governors of the several states, Secretary of State Madison declared the Amendment ratified by three-fourths of the states.
The several state legislatures ratified the Twelfth Amendment on the following dates: North Carolina, December 22, 1803; Maryland, December 24, 1803; Kentucky, December 27, 1803; Ohio, between December 5 and December 30, 1803; Virginia, between December 20, 1803 and February 3, 1804; Pennsylvania, January 5, 1804; Vermont, January 30, 1804; New York, February 10, 1804; New Jersey, February 22, 1804; Rhode Island, between February 27 and March 12, 1804; South Carolina, May 15, 1804; Georgia, May 19, 1804; New Hampshire, June 15, 1804; and Tennessee, July 27, 1804. The Amendment was rejected by Delaware on January 18, 1804, and by Connecticut at its session begun May 10, 1804. Massachusetts ratified this Amendment in 1961.

## References in the original work

* ↑ Amdt11.1 Overview of Eleventh Amendment, Suits Against States.
* ↑ 4 Annals of Cong. 477, 478 (1794).
* ↑ Id. at 30, 31.
* ↑ Amdt12.1 Overview of Twelfth Amendment, Election of President.
* ↑ 13 Annals of Cong. 775, 776 (1803).
* ↑ Id. at 209.