Omar Bennett
The United States Constitution outlines the federal election process for the President, Vice President, and Congress. The Constitution established the Electoral College, which is a process for selecting the President and Vice President. The College consists of 538 electors, and a majority of 270 votes are required to elect the President. The College was created to provide the presidency with its own base of support and to supply a basis of popular legitimacy for the president. The Constitution also provided for the direct election of House members, while the election of members of the Senate was to be carried out by the state legislatures. The 17th Amendment changed this process in 1913, allowing for direct popular elections for the Senate as well. The Constitution's role in governing elections has evolved over time, with changes such as the introduction of political parties in the 19th century and the occurrence of gerrymandering influencing the electoral process.
| Characteristics | Values |
|---|---|
| Election of the President | By a vote in Congress or popular vote of qualified citizens |
| Number of Electors | 538 |
| Majority of Electoral Votes to Elect the President | 270 |
| Voting for Electors | Voters vote for their candidate's preferred electors |
| Distribution of Electors among States | One for each member in the House of Representatives plus two Senators |
| Election of Vice President | Chosen by the Senate |
| Election of House Members | Direct election "by the People of the several States" |
| Election of Senate Members | Elected by state legislatures |
| Election of Congress | Direct popular elections |
| Election Frequency | Every four years |
| Date of Election | Tuesday after the first Monday in November |
| Date of Counting Electoral Votes | January 6 |
| Date of Inauguration | January 20 |
| Oath of Office | I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States |
| Partisan Gerrymandering | Dividing a geographic area into irregular electoral districts to favour one political party |
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What You'll Learn
The Electoral College
Supporters of the Electoral College argue that it preserves an important dimension of state-based federalism in presidential elections and ensures that Presidents have nationwide support. Critics, however, argue that it consigns most states to "spectator" status in presidential elections, reduces voter turnout, and dramatically polarizes the nation's politics.
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Presidential elections
The US Constitution establishes the Electoral College as the means for electing the president. The process, outlined in Article II, Section I, involves Electors from each state casting ballots for two candidates, with the runner-up becoming vice president. This system, which has been criticised for consigning most states to "spectator" status and reducing voter turnout, is a compromise between a popular vote and a vote in Congress.
The Twelfth Amendment, ratified in 1804, modified the Electoral College to be more accommodating of party politics in presidential elections. It outlines that Electors meet in their respective states and vote by ballot for President and Vice-President, with the requirement that one of the two is not an inhabitant of the same state. The Amendment also specifies the rules of procedure for the Electoral College and contingent elections held in Congress if no candidate gets a majority in the general election.
The Constitution sets the basic requirements for presidential elections, including the rules of procedure for the Electoral College. The number of presidential electors is equal to the number of members in a state’s congressional delegation. The candidate receiving votes from a majority of electors from all states is elected president. In the case of a tie, the decision falls to the House of Representatives.
The Constitution also sets qualifications for the president, requiring them to be a natural-born citizen, at least 35 years of age, and a resident of the United States for at least 14 years. Term limits under the 22nd Amendment bar candidates who have been elected twice as president or would serve more than 10 years by filling an unexpired term.
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Voter qualifications
The Founding Fathers established the Electoral College in the Constitution, as a compromise between the election of the President by a vote in Congress and the election of the President by a popular vote of qualified citizens. The Electoral College consists of 538 electors, and a majority of 270 electoral votes is required to elect the President.
The Court has also evaluated challenges to voter qualification laws under the Equal Protection Clause in other contexts. For instance, in Evans v. Cornman, the Court determined that a state that exercised general criminal, taxing, and other jurisdiction over residents of a federal enclave within the state could not treat these persons as nonresidents for voting purposes because they have a stake equal to that of other residents of the state. In this vein, the Court invalidated a state constitutional provision prohibiting any member of the military who entered military service outside the state from establishing a voting residence within the state during their military service because it imposed invidious discrimination in violation of the Fourteenth Amendment.
In Purcell v. Gonzalez, the Court vacated an injunction against requiring voters to present proof of citizenship when registering to vote and to present identification when voting, but did not address its constitutionality. In Crawford v. Marion County Election Bd., the Court upheld a statute requiring voters to present a government-issued photo identification to vote, as the state had not "required voters to pay a tax or a fee to obtain a new photo identification."
In recent years, a number of states have been imposing tight new ID requirements to ensure that only citizens get to vote, out of a fear of voter fraud, particularly by non-citizens who are illegally in the country. The Supreme Court's decision in Arizona v. Inter Tribal Council of Arizona in 2013 was supposed to clarify the competing national and state roles, under the National Voter Registration Act of 1993 and the Constitution. In this case, Arizona voters had passed "Proposition 200", which imposed a requirement to show an official ID to be registered to vote. Challengers to the Arizona demand sued, contending that states were obliged to use the federal form, at least for federal elections, without adding a requirement of documentary proof of citizenship. The Supreme Court agreed to settle the Inter Tribal Council case, appearing to lay down a broad rule on when state election law requirements had to yield to those enacted by Congress. However, the decision also added that states have the primary role in deciding who gets to vote and that states wishing to enforce a voter ID requirement for registration were free to ask the federal Commission to add that onto the federal form.
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Congressional elections
The process of electing members of Congress is enshrined in the US Constitution and has evolved over time. The original Constitution provided for the direct election of members of the House of Representatives by the people of each state, while senators were elected by state legislatures. The 17th Amendment, ratified in 1913, changed this process, instituting the direct popular election of senators to match the elections for the House.
The process of electing members of Congress is influenced by the concept of gerrymandering, which refers to the practice of dividing a geographic area into electoral districts to favour a particular political party. Gerrymandering can involve "packing" voters of the opposing party into a few districts or "cracking" them into small groups across multiple districts to dilute their voting strength. This practice has been a subject of controversy and legal challenges, with critics arguing that it undermines fair representation and advantages one political party over another.
The Constitution also establishes the qualifications for those seeking to become members of Congress. Article I, Section 2, Clause 2, known as the Qualifications Clause, outlines the requirements that individuals must meet to serve in the House of Representatives. Similarly, Article I, Section 3, Clause 3, the Qualifications Clause for the Senate, specifies the eligibility criteria for senators.
While the Constitution provides the framework for congressional elections, the specific regulations and procedures may vary across states. Each state has its own election laws and procedures, including voter qualifications, voting methods, and ballot access requirements for candidates. These state-specific regulations play a crucial role in shaping the overall congressional election process.
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Partisan gerrymandering
The United States Constitution established the Electoral College as a process for electing the President and Vice President. The College consists of 538 electors, and a majority of 270 electoral votes are required to elect the President. The Founding Fathers established the Electoral College as a compromise between the election of the President by a vote in Congress and the election of the President by a popular vote of qualified citizens.
Gerrymandering empowers politicians to choose their voters, and it typically occurs when one political party controls the process of redrawing district lines. This often involves the use of "cracking" and "packing" techniques. Cracking involves splitting groups of voters with similar characteristics across multiple districts, diluting their voting strength. Packing, on the other hand, concentrates voters in one district by redrawing boundaries, reducing the opposition's representation.
The impact of gerrymandering can be significant, as seen in Pennsylvania, where Republicans gained control over 13 out of 18 congressional districts despite Democrats winning the majority of the statewide congressional vote. Similarly, in Wisconsin, Democrats won every statewide office and a majority of the statewide vote in 2018, but only secured 36 out of 99 state assembly seats due to gerrymandering.
While the Supreme Court has addressed gerrymandering in cases like Rucho v. Common Cause (2019), it has also stated that challenges to partisan gerrymandering are not justiciable in federal court, leaving it to states and Congress to develop remedies.
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Frequently asked questions
The Electoral College is a process established by the Founding Fathers in the Constitution to select the President and Vice President. It consists of 538 electors, with a majority of 270 electoral votes required to elect the President.
The Electoral College process involves the selection of electors, who then meet and vote for President and Vice President. The votes are counted by Congress, and the candidate with the most votes wins.
Critics argue that the Electoral College consigns most states to "spectator" status in presidential elections, reduces voter turnout, and dramatically polarizes the nation's politics. It has also been criticized for its complexity and lack of uniformity.
