Electoral College Primary Sources
Analyzes the Electoral College through primary sources, including Madison's Federalist #39, Article II of the Constitution, and the Twelfth Amendment.
Primary Sources: Electoral College
James Madison, Federalist #39, 1788
Essential Vocabulary
compound |
made up of several parts or elements |
political characters |
the roles or identities of states as political entities |
allotted |
distributed or assigned |
delegations |
groups of representatives |
Building Context
In Federalist #39, James Madison makes the argument that the new constitutional government has features that are national, federal, and both. In federalism, the national government and the states share power. The Constitution had several features that preserved the power of the states, including the Electoral College, the Senate, and the amendment process.
The executive power will be derived from a very compound source. |
Notes |
The immediate election of the President is to be made by the States in their political characters. The votes allotted to them are in a compound ratio, which considers them partly as distinct and coequal societies, partly as unequal members of the same society. |
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The eventual election, again, is to be made by that branch of the legislature which consists of the national representatives; but in this particular act they are to be thrown into the form of individual delegations, from so many distinct and coequal bodies politic. |
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From this aspect of the government it appears to be of a mixed character, presenting at least as many FEDERAL as NATIONAL features. |
Analysis Question
- How does the Electoral College’s method of having state voters vote for a slate of federal electors who then directly elect the president support the principle of federalism?
Constitution, Article II, section 1
Essential Vocabulary
elector |
member of the Electoral College, which is the body established by the Constitution to elect the president and vice president |
quorum |
the minimum number of members required by law to be present for a legislative body or other group to conduct its business |
Building Context
Article II establishes and describes the electoral process for selecting the president. The states have a great deal of autonomy to decide on how electors are chosen. In addition, electors may cast their ballots as they see fit. States can also decide how electoral votes are allocated to candidates.
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 the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. |
Notes |
The Electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. |
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The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately chose by ballot one of them for President; |
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and if no person have a majority, then from the five highest on the list the said house shall in like manner chose the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; A quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall chose from them by ballot the Vice President. |
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The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States. |
Analysis Questions
- What constitutional process is used by the Electoral College?
- What constitutional process is used for counting and certifying electoral votes?
- How is a candidate chosen if none of them wins the Electoral College vote?
- How does the constitutional electoral process of a presidential election going to the House of Representatives support the principle of federalism?
- How are the president and vice-president chosen according to the Constitution?
Twelfth Amendment, Ratified June 15, 1804
Note: A portion of Article II, section 1 of the Constitution was superseded by the Twelfth Amendment.
Building Context
The 12th Amendment, ratified in 1804, was introduced to refine the electoral process for electing the president and vice president, addressing issues that had arisen with the original procedure outlined in the Constitution. This amendment established separate Electoral College ballots for the president and vice president, preventing ties and conflicts between the top two candidates. The Electoral College itself is a body of electors chosen by the voters in each state to formally elect the president and vice president, ensuring that the election process incorporates both federal and popular elements.
The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; — the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; |
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— The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. |
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[And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. –]* |
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The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. *Superseded by section 3 of the 20th amendment. |
Analysis Question
- How did the Twelfth Amendment alter the constitutional process for selecting a president as presented in Article II, section 1?