Founders' Voting Intent: Unraveling The Constitution's Core

The framers of the U.S. Constitution were concerned about the potential influence of the voting public and sought to limit populist power. While the Constitution does not explicitly mention a right to vote, it does leave the details of voting to the states. This initially resulted in only white male landowners being allowed to vote, with states employing various methods to restrict voting rights along racial, gender, and class lines. Over time, constitutional amendments and civil rights legislation expanded voting rights to include African Americans, women, Native Americans, and citizens over the age of 18.

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The framers of the Constitution did not want voters to choose the president

The framers of the US Constitution were concerned about the potential for populism and the relative political influence of the voting public. They did not want voters to choose the president, instead opting for a body of electors selected by the states. This was part of a larger goal to limit populist power. The chief executive would also have veto power over legislation.

The framers also wanted to insulate Congress from populist pressures. Before the 17th Amendment was ratified in 1913, senators were selected by state legislators and not directly elected by voters. Members of the Senate were also given longer terms of office—six years—to further insulate them from populist influence. Even the House of Representatives, whose members are directly elected, was kept relatively small to limit its populist inclinations.

The framers debated what the role of voters should be in the new government, from the concept of voting in general to processes for nominating and electing a president. They questioned who should have a say in elections. The Federalist Papers, a collection of essays written to persuade New Yorkers to vote for the ratification of the new Constitution, gives insight into how framers thought about voters making decisions of great consequence.

The original Constitution did not explicitly state that citizens had the right to vote in elections. Instead, it left it to the states to determine who was qualified to vote, leading to considerable variation. While most states initially restricted voting to property-owning or tax-paying white men, some states, like New Jersey, allowed free Black men and women of both races to vote if they met the property or tax requirements.

Over time, voting rights became a bipartisan priority as people worked to enact constitutional amendments and laws expanding access to the vote based on race, ethnicity, gender, disability, age, and other factors. The landmark Voting Rights Act of 1965 took major steps to curtail voter suppression.

The framers tried to insulate Congress from populist pressures

The framers of the U.S. Constitution had anti-populist and anti-democratic aims in mind while drafting the document. They wanted to insulate the federal government, including Congress, from political accountability.

The framers also established the Electoral College, which meant that state electors, chosen by their state legislatures, would formally elect the president, rather than a direct popular vote. This mechanism allowed for a more measured dialogue in the selection process, as it was based on the state's popular vote.

Furthermore, the framers designed a system of checks and balances, dividing the powers of government among three branches: the executive (the president), the legislative (Congress), and the judicial (the courts). Each branch has specific powers and can limit the powers of the others, preventing any one branch from becoming too powerful. For example, Congress can impeach the president, but the president can veto Congress's legislation.

The framers also considered how to protect the judiciary from populist influence. They established a nationwide system of courts, including the U.S. Supreme Court, to protect the interests of the federal government, particularly in taxation and the enforcement of federal treaties. Federal judges were given tenure "during good behavior" and protection from salary diminution to safeguard their political independence.

Overall, while the framers of the Constitution sought to limit populist power and influence, they also wanted to provide stability and security to the nation through a stronger national government. They believed that the relative political influence of the voting public, particularly through their control over state governments, could lead to anarchy and lawlessness, which most Americans believed would result in tyranny.

The framers considered how to shield the judiciary from populist influence

The framers of the US Constitution were concerned about the relative political influence of the voting public, particularly through their control over state governments. They considered how to shield the judiciary from populist influence and wrote anti-populism into the founding document. The Constitution's drafters ensured that the president was selected not by individual voters but by a body of electors chosen by the states. The framers tried to insulate Congress from populist pressures, too. Before the 17th Amendment was ratified in 1913, senators were selected by state legislators and not directly elected by voters. Members of the Senate were also given longer terms of office—six years—to further insulate them from undue populist influence.

The framers believed that an independent judiciary was central to a republican form of government and critical to fairness and impartiality. To assure such independence, they provided in the Constitution that federal judges would be appointed for life, could not have their salaries reduced, and could only be removed from office by impeachment for high crimes and misdemeanours. This created a federal judiciary that was largely immune from political pressure.

The framers also considered the role of the courts in addressing concerns about the rights of the minority being protected against the tyranny of the majority. They added a third co-equal branch of government—the Judicial Branch—to guard against a too-powerful Legislative branch. Alexander Hamilton stated in Federalist 78 that constitutional protections and limitations could "be preserved in practice no other way than through the medium of courts of justice".

The framers' efforts to limit populist power are reflected in the fact that voters cannot directly elect the president of the United States. While the framers sought to establish foundational principles to guide the new nation, they also limited the political influence of citizens on the national government. They left the details of voting to the states, which led to unfair voting practices. Initially, only white men with property were routinely allowed to vote, and it took decades of activism for women and racial minorities to secure the right to vote.

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The framers debated what the role of voters should be in the new government

The framers of the US Constitution had varying opinions on the role of voters in the new government. While they believed in the virtues of democracy, they also wanted to limit populist power. As a result, they left the details of voting to the states, which resulted in unfair voting practices. Initially, only white men with property could vote. Over time, amendments to the Constitution and federal laws expanded voting rights to include all races, genders, and citizens over the age of 18.

The framers of the Constitution wanted to ensure that the president was selected not by individual voters but by a body of electors chosen by the states. They also tried to protect Congress from populist pressures by having senators selected by state legislators rather than directly elected by voters. The framers also considered how to shield the judiciary from populist influence by establishing a nationwide system of courts to protect the interests of the federal government.

The Constitution's framers wanted to limit the relative political influence of the voting public, particularly through their control over state governments. This sentiment was summed up by Massachusetts delegate Elbridge Gerry at the Constitutional Convention of 1787: "The evils we experience flow from the excess of democracy."

The framers' attempts to limit populist influence can be seen in the structure of the Senate, which gives each state two senators, regardless of population size. This makes the United States Senate "the most malapportioned legislative body in the world," according to Klarman.

While the Constitution does not explicitly mention a right to vote, it gives Congress and the federal government the power to determine the "Times, Places, and Manner" of congressional elections. This power has been used to establish a single national Election Day and mandate single-member congressional districts. The Constitution also requires all states to have a representative form of government with elections and majority rule, but this part is rarely invoked.

The framers questioned who should have a say in elections

The framers of the US Constitution had differing views on who should have a say in elections. While they believed in the virtues of democracy, they also endorsed severe limits on voting. The Constitution's drafters wanted to limit populist power and shield the judiciary from populist influence. They debated the role of voters in the new government and questioned whether the people could be trusted to choose responsible leaders.

The framers of the Constitution left the details of voting to the states, which led to unfair voting practices. Initially, only white men with property were routinely allowed to vote. The states were responsible for determining who was qualified to vote, which resulted in variations across the nation. Some states, like New Jersey, allowed free Black men and women of both races to vote if they met property or tax requirements. However, New Jersey later revoked the vote from Black men and women in 1807.

The framers of the Constitution also wanted to ensure that the president was selected not by individual voters but by a body of electors chosen by the states. They wanted to insulate Congress from populist pressures, which is why senators were selected by state legislators before the 17th Amendment was ratified in 1913. The framers tried to limit the influence of the voting public, particularly through their control over state governments.

The struggle for equal voting rights continued over the years, with various groups working to secure and protect their right to vote. The Fourteenth Amendment to the Constitution (1868) granted African Americans citizenship, but this did not automatically grant them the right to vote. The Fifteenth Amendment (1870) prohibited restricting the right to vote due to race. However, states still found ways to prevent Black men from voting. Women also had to fight for their right to vote, with the 19th Amendment being ratified in 1920 after decades of activism. The Voting Rights Act of 1965 was a significant step towards curtailing voter suppression.

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