Aaron Burr and the Electoral Tie of 1801: Strict Constitutional Construction
Synopsis:
The electoral tie for the presidency between Aaron Burr and Thomas Jefferson is a forgotten piece of history that still affects us today. It resulted in the adoption of the 12th Amendment in 1804, which changed the requirements for presidential and vice-presidential elections, and it created several precedents for the two later electoral ties (including Bush v. Gore -- which, however, the Supreme Court unconstitutionally took out of the hands of Congress).
Aaron Burr enjoyed over twenty-five years of popularity and renown before the election of 1800 and the electoral tie for the presidency with Thomas Jefferson. Burr's refusal to agree to Republican requests that he resign if the Federalist-dominated House elected him was viewed by Jeffersonians as virtual treason. This was the start of Burr's fall from grace, much of which was engineered by or through Jefferson.
This article deals with the complex events leading up to and during the tie. The tie went from the electoral college to the House of Representatives and was eventually broken only when Jefferson met privately with Federalist leaders and made a deal.
The article identifies for the first time a unique relational situation between Burr and Jefferson which offers a clear reason for the cause of the falling out between the two political allies.
Article available electronically HERE.
Book Excerpt:
"Although it has long been established that Thomas Jefferson came into the presidency of 1801 by a bargain struck with the Federalists and that Aaron Burr repeatedly refused to forge a deal with that party in exchange for their votes, scholars still claim that Aaron Burr was an apostate who schemed to steal the presidency."
"In this article, I will show that Burr adhered strictly to the United States Constitution, and that he would have been contravening the Constitution if he had promised to resign."
Author Comment:
This article is important today for several additional reasons which are barely touched upon in it. FIRST: It reveals a new insight into Jefferson that explains much about him. The internal evidence of his 12/15/1800 letter to Burr and Burr's 12/23/1800 response suggests a latent homosexual drive in Jefferson and an offer on his part to Burr to participate in a homosexual relationship, albeit not overt. It is my view that Jefferson, himself, was not consciously aware of his latent homosexuality and therefore not aware of his offer to Burr. Probably Burr was not fully aware of it either. Nonetheless, if Jefferson was a latent homosexual and if he did offer such a relationship to Burr, Burr's rejection explains much about Jefferson's sense of betrayal by Burr. He had confided a deep secret to Burr, which made Burr a dangerous man to Jefferson. (Later evidence points to Jefferson's efforts to have Burr assassinated. Nor would that have been the first assassination Jefferson was involved in with Burr's associate General James Wilkinson. That history has not yet been written.) SECOND: Jefferson set a precedent by his backroom dealings to secure the presidency. His place in American history needs reassessment.
Topics/Categories:
American Presidents, Congress, Early American Republic, electoral ties, House of Representatives, Presidential Elections, U.S. Constitution
Genre:
History, Law, United States History
Type of Work:
Original Published Source:
Cardozo Public Law, Policy, and Ethics Journal
Purchase From:
Cardozo Public Law, Policy & Ethics Journal
Jennifer Van Bergen
Jennifer Van Bergen
Publishing Notes:
Citation is Volume One, Issue One, 2003, Cardozo Public Law Policy & Ethics Journal, pages 91-130. (1 Cardozo Pub. L. Policy & Ethics J. 1, 91-130 (May 2003).) Available electronically http://jvbline.org/Burr.pdf.
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