The Two-Party System Takes Shape in the early 1800s election. The election of 1800 was bitterly contested and resulted in a Constitutional flaw being exposed, with Jefferson and his running mate Burr receiving an equal number of electoral votes. This threw the election to the House of Representatives, who ultimately chose Jefferson as the third President. This event led to the passage of the 12th Amendment in 1804 to prevent another such occurrence. Jefferson's administration reduced the size and role of the federal government and established the Supreme Court's power of judicial review in the landmark Marbury v. Madison decision.