Omar Bennett
The U.S. Constitution outlines the process of electing the President and Vice President through the Electoral College system, where each state gets as many electors as it has members of Congress. The Constitution grants Congress the power to determine the time and day of choosing the electors, which must be the same throughout the country. The electors are chosen either by the people or the state legislatures, and they are expected to select two candidates for the office. While the Constitution does not mandate electors to vote for the candidate chosen by their state's popular vote, some states enforce this through fines, disqualification, or legal prosecution. The Electoral College has been a source of political controversy and constitutional revisions over the years, with supporters arguing it is fundamental to the original Constitution.
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What You'll Learn
Congress determines the time and day
The U.S. Constitution grants Congress the power to determine the time and day for choosing electors. This is outlined in Article II, Section 1, Clause 2, which states that Congress can decide when to ascertain the number of electors, as well as the days on which they are appointed, meet, vote, and have their votes counted. This process is known as the Electoral College system, where 538 electors from the states and Washington, D.C., represent the people in choosing the President and Vice President.
The Electoral College was established as a compromise between a popular vote by citizens and a vote in Congress. Each state's number of electors corresponds to its number of members in Congress (House and Senate). The electors are chosen either by the people or the state legislatures, and they have the discretion to select the most suitable candidates. This system aimed to ensure popular legitimacy for the President while allowing electors to act as a check against demagoguery.
The process of choosing electors and their voting day is determined by Congress and is uniform across the United States. The electors meet and vote on the first Tuesday after the second Wednesday in December, following their appointment, as per state laws. The electors' votes are then counted by Congress, and the candidate with the majority of electoral votes becomes the President or Vice President.
The Electoral College system has faced criticism and constitutional challenges, with some questioning the integrity of the process. The system has undergone revisions, and while it is possible to win the Electoral College without the popular vote, it remains a fundamental part of the U.S. Constitution.
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Electors are appointed by each state
The process of using electors comes from the US Constitution, acting as a compromise between a popular vote by citizens and a vote in Congress. The Constitution does not require electors to vote for the candidate chosen by their state's popular vote, although some states mandate this. Electors are appointed by each state, with each state getting as many electors as it has members of Congress (both House and Senate). The number of electors currently stands at 538, including Washington, D.C.'s three electors.
Each state's political parties choose their own slate of potential electors, and the process varies by state. Electors are generally party loyalists, holding leadership positions or being rewarded for years of service. The political parties may also extract pledges from electors to vote for their party's nominees, although this is not always enforced. Electors are appointed on election day, and they meet and vote on the first Tuesday after the second Wednesday in December.
The process of choosing electors is left to the discretion of the states, with Clause 2 of the Constitution seemingly vesting complete discretion in the states. The state legislatures may choose electors, or the people of the state may act as electors of representatives in Congress. The state legislatures can also fill any vacancies in their college of electors.
The Twelfth Amendment, a revision of American politics in the early 19th century, restructured presidential elections. It mandated that a distinct vote had to be taken for the president and vice president, and that one of the candidates must not be from the same state as the elector. If no candidate receives a majority of electoral votes, the vote goes to the House of Representatives, as seen in the 1800 and 1824 elections.
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Electors are not officers or agents of the US
The US Constitution contains very few provisions relating to the qualifications of electors. According to Article II, Section 1, Clause 2, no Senator, Representative, or Person holding an Office of Trust or Profit under the United States shall be appointed an elector. Electors are chosen by the people or the state legislatures and are not considered officers or agents of the United States.
The process of choosing electors, or members of the Electoral College, is determined by Congress, which sets the date for choosing electors and the date for their voting, which is the same throughout the United States. Electors are not considered agents of the United States because they are not bound to support any particular candidate. Instead, they are meant to act as free agents, voting according to their conscience without external pressure. This is supported by a dissenting opinion from Supreme Court Justice Robert H. Jackson, who stated that electors were intended to be free agents, exercising their judgment independently.
The Electoral College system was chosen over a direct popular vote to elect the president, as it was believed to provide a basis of popular legitimacy while allowing for the public voice to be filtered through a "deliberative" intermediate institution. This system was also meant to channel the ambitions of major political figures seeking the highest office. Electors are typically chosen by state political parties to recognise their service and dedication, and they often hold leadership positions within their party.
While electors are not considered agents of the United States, they are still subject to certain requirements and restrictions. State laws, for example, may impose penalties on "faithless electors" who do not vote as pledged. The Supreme Court has ruled that states can set requirements on how electors vote, and electors who violate these requirements may be subject to fines or disqualification. Additionally, the Fourteenth Amendment disqualifies state officials who have engaged in insurrection or rebellion against the United States from serving as electors.
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Electors must not be Senators or Representatives
The United States elects its president through the Electoral College system, which is a complex and non-uniform state-based process. The Electoral College comprises 538 electors from the states and the District of Columbia. Electors are chosen by the people or the state legislatures, and they, in turn, select the President and Vice President of the United States.
The U.S. Constitution includes a provision in Article II, Section 1, Clause 2, that specifically addresses the eligibility of Electors, stating that no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed as an Elector. This provision ensures that the Electors are individuals who are not already serving in specific government roles, such as Senators or Representatives.
The rationale behind this provision is to maintain the independence and impartiality of the Electoral College. By excluding sitting Senators and Representatives from being Electors, the Constitution aims to create a separation between the legislative branch and the process of selecting the President. This helps to prevent any potential conflicts of interest or undue influence that could arise if individuals holding these offices were also involved in choosing the President.
Additionally, this provision promotes a diverse range of perspectives and representation in the Electoral College. By excluding Senators and Representatives, the pool of Electors is broadened to include individuals from different backgrounds and experiences, ensuring that the process of selecting the President considers a wider range of viewpoints and interests beyond those solely represented in the legislative branch.
The process of choosing Electors is a two-part process. Firstly, political parties in each state select a list of potential Electors before the general election. These individuals are often chosen based on their loyalty and dedication to the party. In the second part, which occurs during the general election, the winning presidential candidate's slate of potential Electors is appointed as the state's Electors.
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Electors vote for President and Vice President
The U.S. Constitution contains very few provisions relating to the qualifications of electors. Article II, section 1, clause 2 provides that no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an elector. The Fourteenth Amendment disqualifies state officials who have engaged in insurrection or rebellion against the United States or given aid and comfort to its enemies from serving as electors.
Electors are appointed and act under the Constitution of the United States, but they are not officers or agents of the United States. The Constitution does not require electors to be completely free to act as they choose, and political parties may extract pledges from electors to vote for their nominees. Electors are generally expected to select two candidates for office. Electors are chosen either by the people or the state legislatures, and each state gets as many electors as it has members of Congress (House and Senate).
The Congress determines the time of choosing the electors and the day on which they shall give their votes, and this day is the same throughout the United States. Electors of the President and Vice President of each state meet and give their votes on the first Tuesday after the second Wednesday in December following their appointment. The electors shall vote for the President and Vice President, respectively, in the manner directed by the Constitution.
The person with the greatest number of votes for President shall be the President if they have a majority of the whole number of electors appointed. If no person has a majority, then the House of Representatives chooses the President. The same process applies to choosing the Vice President, except that the Senate chooses the Vice President if no candidate has a majority.
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Frequently asked questions
The process of choosing electors comes from the Constitution. Each state gets as many electors as it has members of Congress (House and Senate). The electors are chosen either by the people or the state legislatures.
The U.S. Constitution contains very few provisions relating to the qualifications of electors. Article II, section 1, clause 2 provides that no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an elector.
The U.S. Supreme Court has held that the Constitution does not require electors to be completely free to act as they choose. Political parties may extract pledges from electors to vote for their nominees. Electors who break their pledges may be fined, disqualified, or replaced.
Congress determines the day on which electors shall give their votes, and this day is the same throughout the United States. Electors typically meet and give their votes on the first Tuesday after the second Wednesday in December.
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