Andrew Jackson (1824), Samuel J. Tilden (1876), Grover
Cleveland (1888) and Al Gore (2000) all won the national popular vote in the
election years following their names but each failed to become President of the
United States. The cause for each loss has been examined and linked to a constitutional
process known as The Electoral College.
Three strongly held
presidential beliefs from our early beginnings are perfectly clear. First, it
was believed that the selection of a president should be the responsibility of
those who were most knowledgeable and informed from each state. Randall G.
Holcomb put it this way: “The process was
never intended to be democratic. The first presidents were appointed by elites,
not elected by the masses…” Secondly, the selection was to be determined “solely on merit
and without regard to State of origin or political party.” Third, “The office
should seek the man the man should not seek the office”.
Consider the historical
context of a nation just getting started.
We were a nation of 13 new states wanting to be in charge of their own
destiny and each possessing a low trust of a “national government”. We had a
much smaller population and it was spread out across a thousand miles from north
to south. We experienced very real poor modes of transportation and we
experienced poor communications with each other. On the other hand, we created
this nation without the presence of established political parties because political
parties were extended very little respect.
The beginnings of the
Electoral College can be traced to the 1787 Constitutional Convention. That
convention, sometimes called the Philadelphia Convention, took place between
May 25 and September 17, 1787 and remains
as the only one ever called in United States history. During this
convention, the delegates found a common ground compromise between three
possible methods of selecting a president. Only experts would be designated to
select the president and the vice president.
1.
Congress should choose the president. This was rejected because of potential “hard
feelings”, “political bargaining”, possible “corruption”, possible
“interference from foreign powers” and “balance of power between legislative
and executive branches”.
2.
State legislatures should choose the president. This was rejected because the president might
find cause to “beholden to the State legislatures” and the possible dilution of
“federal authority.”
3.
A direct popular vote should choose the
president. This was rejected
because it was feared “that without sufficient information about candidates
from outside their State, people would naturally vote for a ‘favorite son’ from
their state or region.”
The language used in Article II, Section 1 of
the Constitution shown below created the foundation for the implementation of
the Electoral College ‘experts’ concept.
Article II Section 1
“Each state shall appoint, in such a 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 Congress;
but no Senator or Representative, or Person holding an Office of Trust or
Profit under the United States, shall be appointed as an Elector.”
The term “Electoral College” does not appear in
the Constitution nor does it appear in Amendment XII which became clearly
necessary following the results of the election of 1800. At that time each
candidate for president and vice president ran alone. The presidential electors
of 1800 (the Electoral College) failed to “distinguish between the office of
president and vice president on their ballots” Thomas Jefferson won the
presidential election with 73 electoral votes. Aaron Burr running as the vice
president candidate with Thomas Jefferson also received 73 votes for president making
the vote for the presidency a tie. In the case of a tie the Constitution
requires an election to be decided in the House of Representatives. Jefferson finally
won but only after 36 votes. Amendment XII to the Constitution was written and
ratified to ensure that the electors make a discrete choice between their
selections for president and vice president.
While
confusing to many people, when Americans vote for a President and Vice
President, they are actually voting for presidential electors, known
collectively as the Electoral College. It is these electors, chosen by the
people, who elect the chief executive. The Constitution assigns each state a
number of electors equal to the combined total of the state’s Senate and House
of Representatives delegations. The Electoral College consists of 538 electors.
170 electoral votes, an absolute majority of one more than half of the total
electors, is required to elect the President and Vice President. The process
for selecting electors varies throughout the United States. Generally, the
political parties nominate electors at their State party conventions or by a
vote of the party's central committee in each State. Electors are often selected to recognize their service
and dedication to their political party. They may be State-elected officials,
party leaders, or persons who have a personal or political affiliation with the
Presidential candidate.
This is what happens to the vote you cast in the popular
election of a President:
“After the November election your governor prepares a
“Certificate of Ascertainment” listing all of the candidates who ran for
President in your state along with the names of the respective electors. The
certificate declares the winning candidate in your state and shows which
electors will represent your state at the meeting of the electors. Your state’s
certificates of Votes are sent to the Congress of the National Archives as part
of the official records of the presidential election. Each state’s electoral
votes are counted in a joint session of Congress on the 6th of
January in the year following the meeting of the electors. Members of the House
and Senate meet in the House Chamber to conduct the official tally of electoral
votes. The Vice President, as President of the Senate, presides over the count
and announces the results of the vote. The President of the Senate then declares
which persons, if any, have been elected President and Vice President of the
United States.”
Article II Section I of the Constitution was
seen as in the best interest of the United States by the founders. It cannot simply
be removed because it is a part of the original Constitution. There have been
several other election processes offered but none have been passed by Congress
and sent to the States for ratification as a Constitutional amendment.
A Convention to propose amendments to the United States Constitution
is also called an Article V Convention, or Amendments Convention. Under the most common method for amending the Constitution,
an amendment must be proposed by a two-thirds majority in both houses of
Congress and ratified by three-fourths of the states.
Carefully
read Article V of the Constitution shown below. There is a second method. The second method is less
familiar to most people, because it has never been used. The language makes it
perfectly clear that the several states legislatures have been given the same
rights as Congress to call for a convention to consider amendments to the
Constitution.
Article V language
follows below:
“The Congress, whenever two thirds of both Houses shall deem
it necessary, shall propose Amendments to this constitution, or, on the Application of the Legislatures
of the several States, shall call a Convention for proposing Amendments,
which in either Case shall be valid to all Intents and Purposes, as part of
this Constitution, when ratified by the Legislatures of three fourths of the
several States, or by Conventions in three fourths thereof, as one or the other
Mode of Ratification may be proposed by Congress…”
Hopefully this
article has led you to a better understanding of your Constitution and the Electoral College process. I do not believe the Constitution of the United States is
out dated or quaint, or a living document subject to change with the times. I
remain in awe of the skillful men who nurtured it from draft through its
eventual ratification on June 21, 1788. Those men gave us a gift which keeps on
giving. It remains in my mind as a national map. From its ratification to today
our Constitution is 228 years old and is still here to protect us from
ourselves.
