When The Framers settled on the idea of having a unitary Executive, their next step was to decide how that person would be elected. The Electoral College process they chose has been a subject of misunderstanding and controversy for more than 200 years.
Alexander Hamilton described the desired features of this process in Federalist #68. Hamilton described the Electoral College process as if “not perfect, it is at least excellent.” He went on to say, “It unites in an eminent degree all the advantages; the union of which was to be desired.” You can see the core principles of the Constitution were followed to provide consistency and continuity.
Since governing authority in our Constitution is vested in the citizens, the people ultimately have control of the process. The electors are our fellow citizens – citizens chosen by the citizens of their state. These electors are small in number. And yet, they represent the disparate interests of each state and geographical region. The intent was and is that these individuals are better informed of the candidates and reflect the preference of their individual states.
The Framers sought to devise a system where the civil society would be preserved, and the chance of corruption would be minimized. A sufficient number of electors would be selected making it virtually impossible for the electors to collude in their actions. Also, this would ensure the President would not be beholden to the electors. The electors would cast their votes in their state – also decreasing the chance of nefarious activity and collusion.
With the Chief Magistrate being an elected official of the entire country, they would need a broad base of support to effectively lead. If a few population centers dominated the process, the rural and suburban areas may not respect his or her authority. And likewise, if the rural and suburban areas were in control, the urban areas would feel disenfranchised. The eventual winner would not need a majority of support in each area or demographic. Rather, they would simply need enough support to be seen as a legitimate leader.
The Electoral College is only one part of an intricate system of conducting a presidential election. You will notice in each step of the electoral process that the individual, state governments and federal government all have a role. However, no individual entity has the ability to control the actual process.
The first step is the appointment of presidential electors. Article II, Section 1, Clause I of the Constitution states:
“Each State shall appoint, in such 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 an Elector.”
This Clause gives each state a role in the election of a president. State Legislatures are in control of how their electors are chosen. This can be through a primary, a caucus system, the Legislature, or the selection by the Governor. Prohibiting members of Congress to be electors keeps the federal government from undue influence over the states. Congress does determine when the Electoral College vote will be certified, which places a time constraint on the states to have their elections settled.
The next step is the actual vote of the Electoral College. Ballots are cast on a day of Congress’ choosing. That day is January 6, 2025 for this election cycle. The electors are representatives of their state – acting in a federal function. Congress is not acting in a legislative capacity in this instance but rather, a ministerial one. This is an independent event and it is not subject to any Legislative actions by Congress. The sitting Vice President presides over the certification of the vote and some argue the Vice President has no authority to do anything other than read the results. Yet, the VP takes the same oath of office as the President and also is responsible to defend the Constitution and act if the Constitution has been violated in the election process. (This is a topic for another blog.)
The final element of our presidential election system is the role the House and the Senate play in the event no presidential candidate reaches the Electoral College’s 50% + 1 vote threshold. When that occurs, the House of Representatives votes by state to elect the President from the top three candidates. The Senate acts to elect the Vice President – also voting by state among the top two vice presidential candidates. The eligible candidates are determined by the number of electoral college votes they’ve received. And, the winner of each contest must receive at least a two-thirds majority vote from the body.
While the Electoral College exists to 1) ensure the two national elected officials are supported by multiple regions and demographics and 2) to prevent a few metropolitan cities from dominating the election process and avoid the mob rule of a direct election, it merely is one part of an intricate electoral system. This system reflects the principles of separation of powers, dispersion of authority and federalism that is present throughout our Constitution. It is a divinely inspired process that has served us well over the last 238 years. And, it is a critical element of our constitutional republic that must be defended in order to preserve the integrity of our entire presidential election system.
In liberty,
Brett
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