The Function Of The Electoral College | The Odyssey Online
Start writing a post
Politics

The Function Of The Electoral College

What did the U.S. founders say about it and what can the states do?

772
The Function Of The Electoral College
Wikipedia

In 2016, where two historically-unpopular major-party candidates are running for president, the electoral college is still confusing to many Americans. The Constitution of the United States is pretty simple. It is not cryptic as many think or the mainstream media and establishment insiders want you to believe.

Article I, section I, clause II of the U.S. Constitution codifies the electoral college that: "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector."

In modern English, it means the state legislatures decides how its allotted electors for president are chosen in their respective states, but none can hold a public office.

Ratified in 1961, the twenty-third amendment extended this to the country's capitol, Washington D.C., allotting them the same amount of electors equal to the least populous state (currently that number is three, thanks to seven states).

Clause III, which stated how the electors voted for the president and vice president, was replaced by the twelfth amendment, ratified in 1804. The text reads:

The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate.

The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.

The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.

The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

In layman terms, this means the electors vote for the president and vice president by ballot separately; provided both votes are not of candidates who reside in the same state as the electors. The president of the senate (the sitting U.S. vice president) counts the votes in presence of Congress.

The presidential candidate with most electoral votes, assuming it is from at least a majority of the electors, then becomes the U.S. president-elect. The same is applied in electing the vice president.

However, if no presidential candidate earns enough electoral votes, the three candidates with the most electoral votes will then go to the House of Representatives (the chamber of the people) to be elected. If no vice presidential candidate earns enough electoral votes, the two candidates with the most electoral votes will then go to the Senate (the chamber of the states) to be elected.

The electors meet on the Monday after the second Wednesday in December, after the November general election.

The federalists who wanted popular election of the president, led by the chief author of the Constitution James Madison, argued slavery and the question of trust in a direct democracy as a reason to not go through with it.

Click here for Madison's notes on the issue. http://avalon.law.yale.edu/18th_century/debates_71..

Fun fact: there were several methods discussed to elect the national executive, such as from Congress, the state governors, popularly, and, of course, electors.

In the Federalist no. 68, Alexander Hamilton wrote a lot about how the electors were to be known and trusted by the people within each state. In agreement with Madison, he had hoped the people, not the state legislatures nor political parties, would elect the presidential electors.

Click here to read this article of the Federalist Papers. http://avalon.law.yale.edu/18th_century/fed68.asp

The intent of the founders, remember conservatives (which members of the Republican Party claim to be) clamor about interpreting the constitution through originalist eyes, was for the people to have the say in electing presidential electors. However, state legislatures, led by both Republicans and Democrats, allow insiders to be selected by the major parties to be electors.

Though "pledged electors" is not a legal concept delegated by the constitution, currently twenty-nine states and D.C. have illegal laws obligating "pledged electors" to vote for the candidate who won their respective state. While twenty-one states do not.

In 1952, the Supreme Court of the U.S. ruled in Ray v. Blair that electors can be pledged in the primaries and even removed from consideration for the election, but this is not the case in the general election. There have been nine faithless electors in the last hundred years - none have been penalized.

(Side note: there have been 178 faithless electors in U.S. history, none have been penalized for voting against their "pledged" support)

Currently only eight states - Tennessee, Arizona, Idaho, Louisiana, North Dakota, Oklahoma, Rhode Island, and South Dakota - list the electors on the ballots on Election Day.

Before the advent of this method called the "short ballot," electors were chosen individually, called the "general ticket." It would be prudent to list these names and not the presidential and vice presidential candidates.

When the short ballot started being used in some states early in U.S. history, many founders, including Madison and Hamilton, protested and even argued it violated the letter and intent of the constitution.

Electors under the short ballot are not free agents selected by the people, but insiders of major political parties and special interests. This system flies in the face of the social justice concerns claimed by liberals (which members of the Democratic Party claim to be).

Other methods to decide the electors that have been used by states include the legislature by legislation (which put support from legislators on public record), dividing the respective state into electoral districts (which was under the scrutiny of gerrymandering), proportional vote (as opposed to plurality), congressional districts (allotted by winners in each congressional district plus two went to statewide winner, as done currently by Maine and Nebraska), and congressional districts alternative where the two additional votes went to the winner of the most congressional votes as proposed in 2013 by Virginia. None of these quelled the fears and warnings of the founding generation.

The mainstream media, also called the "fourth branch" of the government by some, has been irresponsible in elections for over a century. Networks "call" elections before all precincts have reported results, confuse or conflate the popular vote and the electoral vote, and have no qualms capitalizing on the ignorance of the people about the political system.

It is time for a change. But nothing changes if political bosses, special interests, and other establishment insiders are making the decisions. If the country is not ready for a free society yet, the logical conclusion is to listen to Hamilton, albeit only as it applies to the electoral college.



Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
Entertainment

15 Times Michael Scott's Life Was Worse Than Your Life

Because have you ever had to endure grilling your foot on a George Foreman?

1327
Michael Scott
NBC

Most of the time, the world's (self-proclaimed) greatest boss is just that, the greatest. I mean, come on, he's Michael Freakin' Scott after all! But every once in a while, his life hits a bit of a speed bump. (or he actually hits Meredith...) So if you personally are struggling through a hard time, you know what they say: misery loves company! Here are 15 times Michael Scott's life was worse than your life:

Keep Reading...Show less
Featured

12 Midnight NYE: Fun Ideas!

This isn't just for the single Pringles out there either, folks

16207
Friends celebrating the New Years!
StableDiffusion

When the clock strikes twelve midnight on New Year's Eve, do you ever find yourself lost regarding what to do during that big moment? It's a very important moment. It is the first moment of the New Year, doesn't it seem like you should be doing something grand, something meaningful, something spontaneous? Sure, many decide to spend the moment on the lips of another, but what good is that? Take a look at these other suggestions on how to ring in the New Year that are much more spectacular and exciting than a simple little kiss.

Keep Reading...Show less
piano
Digital Trends

I am very serious about the Christmas season. It's one of my favorite things, and I love it all from gift-giving to baking to the decorations, but I especially love Christmas music. Here are 11 songs you should consider adding to your Christmas playlists.

Keep Reading...Show less
campus
CampusExplorer

New year, new semester, not the same old thing. This semester will be a semester to redeem all the mistakes made in the previous five months.

1. I will wake up (sorta) on time for class.

Let's face it, last semester you woke up with enough time to brush your teeth and get to class and even then you were about 10 minutes late and rollin' in with some pretty unfortunate bed head. This semester we will set our alarms, wake up with time to get ready, and get to class on time!

Keep Reading...Show less
Student Life

The 5 Painfully True Stages Of Camping Out At The Library

For those long nights that turn into mornings when the struggle is real.

3389
woman reading a book while sitting on black leather 3-seat couch
Photo by Seven Shooter on Unsplash

And so it begins.

1. Walk in motivated and ready to rock

Camping out at the library is not for the faint of heart. You need to go in as a warrior. You usually have brought supplies (laptop, chargers, and textbooks) and sustenance (water, snacks, and blanket/sweatpants) since the battle will be for an undetermined length of time. Perhaps it is one assignment or perhaps it's four. You are motivated and prepared; you don’t doubt the assignment(s) will take time, but you know it couldn’t be that long.

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments