The 12th Amendment
While we’re on the subject of the Presidency and Vice Presidency, here’s another thought that recently occurred to me. We commonly say that presidential electors are free to vote their conscience. It is only a custom, though a well-established one, that they instead vote as state law dictates (with the occasional quirky exception).
But what about this thought. The Twelfth Amendment substantially changed the Electoral College. By 1804 (when the amendment was ratified) it was already clearly understood that electors would not vote their conscience and would vote as state law dictated. Could you say, therefore, that the Twelfth Amendment actually removed the discretion of electors and that they are acting unconstitutionally if they vote in a non-ministerial way?