Needed Changes in the 12th Amendment of the U.S. Constitution-Part Four By Harsha Sankar

When the US Constitution was put into effect, the only elected body in the federal legislature was the House Of Representatives. The U.S. Senate members were chosen by legislatures of the states that they belong.

For over a century, the US Senate has been an elected body. Therefore, there is no need for the House Of Representatives to choose the President in case the electors fail to do this choosing.

Since the Area Based Democratic Model is needed to elect the President, the U.S. Senate should be the elected body to choose the President since it is based on that model only.

One vote per state, with the majority of House Representatives deciding the state's choice for President, can be considered Area Based Democratic Model. However, this current practice really just replicates the current electoral voting practice to a large degree. The current electoral system provides more electoral votes to states which have larger populations.

The current practice of the members of the House Of Representatives choosing the President, in case the electors fail to do so, allocates one vote to each state. There is just too much similarity between the two democratic models. The U.S. Senate is based on a distinctly different democratic model. This elected body must be used to choose the President if the majority of electors are unable to choose the winning candidate. 

Cliff Notes Version: The Senate, and not the House Of Representatives with each state that they belong to having one vote, should choose the President if the electors fail to do so.

Currently, the House chooses the President with each state that each Representative belongs to having one vote. That current practice is too similar to the current elector system.

If the elector system fails, then the next step in choosing the President must be based on a distinctly different democratic model. Since the elector system can be considered Population Based, the next step must be Area Based. This means the Senate must then be allowed to choose the President.