Presidential Decision in the U.S. House of Representatives
According to the U.S. Constitution's Twelfth Amendment, when no one has a clear majority in the Electoral College, "the House of Representatives shall choose immediately, by ballot, the President."
Instead of a normal vote of the full House of Representatives, with all 435 members voting as individuals, each state's delegation has to vote with one voice: "the representation from each state [has] one vote," the amendment says. Most states have delegations have both Democrats and Republicans, so they might not be able to agree upon a candidate. Members can abstain from voting, which would change the balance of their delegations, but two-thirds of the states have to participate (34 states).
According to the amendment, "a majority of all the states shall be necessary to a choice." That means 26 states have to agree on the presidential choice.
If you remember the enormous difficulty Congress had making decisions during the impeachment and trial of President Clinton, then you have a good idea of the sorts of troubles Congress would face here. Political disputes couched in constitutional arguments would be thrown back and forth.
Only twice in our nation's history has a presidential decision been made in the House of Representatives. The first time, as a result of the election of 1800, took six days and 36 separate ballots. (Click here to read the official House records from 11 -17 February 1801.) The second time, after the election of 1824, took one ballot on one day. (Click here to read the official House records from 9 February 1825.) The latter election, in particular, caused enormous bitterness; Andrew Jackson, who lost in the House of Representatives despite a commanding lead in the popular vote, said, "The people have been cheated... The corruptions and intrigues at Washington... [have] defeated the will of the people."
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