The Electoral College: A Constitutional Conundrum

what section of the constitution establishes the electoral college

The Electoral College is a process established by the Founding Fathers in Article II, Section I of the US Constitution. It was created as a compromise between the election of the President by a vote in Congress and election of the President by a popular vote of qualified citizens. The Electoral College consists of 538 electors, with each state having the same number of electors as it does Members in its Congressional delegation. The Electors meet in their respective states and vote for two persons, one of whom cannot be an inhabitant of the same state. The Electors then send a list of the persons they voted for and the number of votes each person received to the President of the Senate, who opens the certificates in the presence of the Senate and House of Representatives. The votes are then counted, and the person with the greatest number of votes becomes the President.

Characteristics Values
Established by Founding Fathers
Established in Constitution, Article II, Section I
Number of Electors 538
Majority of Electoral Votes Required to Elect the President 270
Electors Electors are not officers or agents of the United States
Electors' Votes Electors' votes are taken by states, with each state having one vote
Electors' Choice Electors choose the President and Vice President
Electors' Meeting Electors meet in their respective states
Electors' Ballot Electors vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state as themselves
Electors' List Electors make a list of all the persons voted for, and of the number of votes for each
Electors' Certificate Electors sign and certify the list, and transmit it sealed to the Seat of the Government of the United States, directed to the President of the Senate
President of the Senate The President of the Senate opens all the certificates, and the votes are counted in the presence of the Senate and House of Representatives
Oath of Office The President shall take the oath or affirmation to faithfully execute the Office of President of the United States and to preserve, protect and defend the Constitution of the United States

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The Electoral College is a process, not a place

The Electoral College process consists of three steps: the selection of electors, the meeting of the electors, and the counting of electoral votes by Congress. Firstly, electors are selected by voters in each state to serve in the Electoral College. The number of electors in each state is equal to the number of Members in its Congressional delegation, with one elector per Member of the House of Representatives plus two Senators. The District of Columbia is allocated three electors and is treated like a state for Electoral College purposes under the 23rd Amendment.

Secondly, the electors meet in their respective states and vote for two persons, of whom one must not be an inhabitant of the same state. They create a list of the people voted for, along with the number of votes each person received. This list is signed, certified, and sent to the President of the Senate, who opens the certificates in the presence of the Senate and House of Representatives.

Finally, Congress meets in a joint session to count the electoral votes. The person with the highest number of votes becomes President, provided they have a majority of the whole number of electors appointed. If no candidate has a majority, the House of Representatives chooses the President from the five candidates with the most votes. The person with the second-highest number of votes becomes Vice President, or the Senate chooses from the two candidates with the most votes if there is a tie.

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Electors are not officers or agents of the United States

The Electoral College is a process established by the Founding Fathers in the US Constitution, specifically in Article Two, as a compromise between the election of the President by a vote in Congress and election of the President by a popular vote of qualified citizens. The College consists of 538 electors, with each state appointing a number of electors equal to that state's congressional delegation (the number of members of the House of Representatives plus two senators).

The role of electors is to cast, certify, and transmit the vote of the state for President and Vice President. While they are appointed and act under the Constitution of the United States, they are not considered officers or agents of the United States. This is because their role is similar to that of members of state legislatures when acting as electors of federal senators or the people of the states when acting as electors of representatives in Congress.

The Supreme Court has upheld the concept of electors as free agents, stating that the original intention was for electors to vote their conscience without being bound to support any particular candidate or external pressure. Electors are not meant to be an independent body, and their votes are given according to the will of their constituents.

The qualifications to be an elector are limited, with Article II, Section 1, Clause 2 stating that no Senator, Representative, or person holding an office of trust or profit under the United States shall be appointed an elector. The Fourteenth Amendment also 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.

The process of selecting electors typically involves political parties in each state choosing slates of potential electors before the general election. These individuals are often recognised for their service and dedication to the party and may be state elected officials, state party leaders, or people with an affiliation to the party's presidential candidate. After the general election, the winning candidate's state political party selects the individuals who will be electors.

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Electors are appointed by each state

The Electoral College is a process established by the Founding Fathers in the US Constitution, specifically in Article II, Section I. It is a compromise between the election of the President by a vote in Congress and election of the President by a popular vote of qualified citizens. The Electoral College consists of 538 electors, with each state appointing a number of electors equal to the whole number of senators and representatives in Congress to which the state is entitled.

The process of the Electoral College involves the selection of electors, who are appointed by each state. The voters in each state choose electors to serve in the Electoral College, and the State Executive of each state signs a Certificate of Ascertainment to appoint the electors chosen in the general election. This certificate lists the names of the individuals on the slates for each candidate, the number of votes each received, and the individuals appointed as electors.

The electors then meet in their respective states and vote for the President and Vice President of the United States. They vote by ballot for two persons, one of whom must not be an inhabitant of the same state as themselves. After the votes are cast, the electors make a list of the persons voted for and the number of votes each person received. This list is signed, certified, and transmitted sealed to the Seat of the Government of the United States, directed to the President of the Senate.

The President of the Senate opens all the certificates in the presence of the Senate and House of Representatives, and the votes are counted. The person with the greatest number of votes becomes the President, provided they have a majority of the whole number of electors appointed. If no candidate has a majority, the House of Representatives chooses the President from the candidates with the highest number of votes. The person with the second-highest number of votes becomes the Vice President.

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The President is chosen by a majority of electors

The Electoral College is a process established by the Founding Fathers in Article II, Section I of the US Constitution. This process involves the selection of electors, who meet in their respective states to vote for the President and Vice President.

In cases where no candidate receives a majority of votes, the House of Representatives selects the President from the candidates with the highest number of votes. This process, outlined in Article II, Section 1, Clause 3, has been superseded by the Twelfth Amendment, ratified in 1804.

The Founding Fathers established the Electoral College as a compromise between the election of the President by a vote in Congress and by a popular vote of qualified citizens. The Electoral College was intended to ensure that only those with a proven record of service could become President, and to prevent the election of demagogues.

The Electoral College process has been criticised for allowing candidates to become President without winning the popular vote. This is because each state has a set number of electors, and a candidate only needs to win a majority of electoral votes to win the presidency. This has led to proposals for reform, such as the National Popular Vote (NPV), which would tie the award of electors to the results of the national popular vote.

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The Electoral College is a process established by the Founding Fathers in the US Constitution, outlined in Article II, Section I. It was designed as a compromise between the election of the President by a vote in Congress and election by popular vote.

The Electoral College process consists of the selection of electors, who are appointed by each state. The number of electors is equal to the number of senators and representatives in Congress. The electors then meet and vote for the President and Vice President, and finally, the electoral votes are counted by Congress. The winner of the Electoral College becomes the President.

The Founding Fathers were concerned about the dangers involved in the selection of the President. They intended for the electors to be representatives who would exercise discretion in choosing the most suitable candidates. This was to prevent the election of a demagogue and to ensure that those seeking the highest office had a proven record of service.

The Electoral College has been criticised for not always reflecting the popular vote. Some have proposed the National Popular Vote (NPV) which would tie the award of electors to the results of the national popular vote, effectively creating a national popular election. This would guarantee that the winner of the Electoral College is also the winner of the popular vote, and it would incentivise presidential candidates to campaign across all states, not just the "swing states".

Frequently asked questions

Article II, Section 1, Clauses 2 and 3 of the US Constitution establishes the Electoral College.

The Electoral College is a process, not a place. The Founding Fathers established it in the Constitution as a compromise between the election of the President by a vote in Congress and election of the President by a popular vote of qualified citizens.

The Electoral College process consists of the selection of the electors, the meeting of the electors where they vote for President and Vice President, and the counting of the electoral votes by Congress.

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