Electoral College/Senatorial Districts

There appears to be nothing in the Constitution that requires electors to vote the popular vote of their State.The Constitution calls for the electors of each state to vote for the presidential candidate getting the most votes nationally. From the quotes below from the Federalist Papers, it seems that the intent of the founders was that the president is to be elected by a direct vote of the people.

The only time that states have a say in the choice of president is if there would be a tie in the popular vote nationwide. In that case, the vote would go to the House of Representatives where each state would get one vote for the president.

Following are some quotes from the Federalist Papes that indicate that the President is to be elected by a popular vote of the people and not by the electoral college. The electoral college’s function is to reflect the vote of the people nationally, not just the popular vote of their State.

In Federalist Paper 22¶08, Alexander Hamilton argued against each State having an equal vote in the Senate. He wrote: “this does not obviate the impropriety of an equal vote between States of the most unequal dimensions and populousness.”

Hamilton continued: “it is to be observed that there is a probability of an increase in the number of States, and no provision for a proportional augmentation of the ratio of votes.” (¶08).

It seems that the founders were envisioning a system where both the Senate and House would have proportional representation, and that the President would be elected by a popular vote of the people nationwide.

“The choice of SEVERAL, to form an intermediate body of electors, will be much less apt to convulse the community with any extraordinary or violent movements, than the choice of ONE who was himself to be the final object of the public wishes.” (Federalist Paper 68¶04)

“They have not made the appointment of the President to depend on any preexisting bodies of men, who might be tampered with beforehand to prostitute their votes; but they have referred it in the first instance to an immediate act of the people of America….” (Federalist Paper 68¶05)

“Another and no less important desideratum was, that the Executive should be independent for his continuance in office on all but the people themselves…. This advantage will also be secured, by making his re-election to depend on a special body of representatives, deputed by the society for the single purpose of making the important choice..” (Federalist Paper 68¶06) This passage is saying that the role of electors is to make sure that the wishes of all the American people are upheld and not to impose themselves as a cabal that votes contrary to the majority of the American people.

“Their votes, thus given, are to be transmitted to the seat of the national government, and the person who may happen to have a majority of the whole number of votes will be the President.” (Federalist Paper 68¶07) This passage says that the electors’ votes are to be for “the person who may happen to have a majority of the whole number of votes will be the President.” The electors are to vote for the candidate who received the largest whole number of votes of the people nationally, and not just from their particular state. The current practice has created “battleground states,” which is not what our founders intended.

“We have now completed a survey of the structure and powers of the executive department, which, I have endeavored to show, combines, as far as republican principles will admit, all the requisites to energy. The remaining inquiry is: Does it also combine the requisites to safety, in a republican sense, a due dependence on the people, a due responsibility?… the election of the President once in four years by persons immediately chosen by the people for that purpose….” (Federalist Paper 77¶10) Here again is another phrase speaking of the President being elected once in four years “by persons immediately chosen by the people for that purpose….”

“the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.” (Federalist Paper 78¶12) Our nation’s founders were serious about a government of “we the people.”

US Constitution, Article II, Section 1, Clause 2 says that each State shall appoint…a number of electors….” but it does not direct the electors to vote the popular vote of that state. Likewise, the 12th Amendment does not require the electors to vote for the presidential candidate getting the most popular votes in their state.

US Constitution, Article II, Section 1, Clause 2. “Each State shall appoint, in such manner as the Legislature 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. 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 each; which list they shall sign and certify, and transmit sealed to the seat of 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. 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 choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose 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 choose from them by ballot the Vice President.” (The clause in italics was superseded by Amendment XII) http://avalon.law.yale.edu/18th_century/art2.asp#2sec1

Amendment 12 altered Article 2 Section 1 Part 2

Passed by Congress December 9, 1803. Ratified July 27, 1804.

Amendment 12, Clause 1. “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 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; - 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. 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.”(The words in italics were superseded by Amendment XX) http://avalon.law.yale.edu/18th_century/amend1.asp#12

Amendment 20 has some interesting language in Clause 3. It reads:

“3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice-President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice-President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice-President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice-President shall have qualified.”http://avalon.law.yale.edu/18th_century/amend1.asp#20

Senatorial Districts

The map provided shows 50 districts. This map was a humorous attempt to divide the nation up into 50 different states based on proportional population. However, rather than States, why not assigned Senators districts based on population? Such districts could cross state lines like many state senatorial districts cross county lines. This would be consistent with the values and intent of our founders. Likely however, this would require a constitutional amendment.

Still, States have the option of telling their electors to vote for the presidential candidate receiving the most votes nationally rather than the popular vote of their particular state. This would prevent the fiasco of the 2000 election when the Supreme Court appointed the loser, George W. Bush, as President. Bush received 50,456,002 while Al Gore received 50,999,897. The Court should have ruled Al Gore the winner because he received the majority of the popular vote.

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Below is the map of proposed senatorial districts: