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 in which 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 to be based on the Area Based Democratic Model. However this current practice really just replicates the current electoral voting practice to a large degree. 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. 

Even though the current electoral system provides more electoral votes to states that have larger populations, there is just too much similarity between the current model of choosing the POTUS and the prescribed method of choosing the POTUS in the event that electors fail to make that choosing. 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. If one method based on one democratic model fails to secure the choosing for POTUS, then the alternative method to choose the POTUS should be based on a different democratic model.  

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

Currently the House of Representatives chooses the President with each state that each Representative belongs to having one vote if the electors fail to make that choosing. 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 in making this choosing must be Area Based. This means the members of the U.S. Senate must then be allowed to choose the President if the electors fail to make the choosing.