The Electoral College: Constitutional Or Not?

is the electral college in the constitution

The Electoral College is a process that decides who will be elected President and Vice President of the United States. It is a constitutionally mandated process, established by the Founding Fathers 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 term electoral college does not appear in the Constitution, but the process is based on Article II, Section 1, which outlines how the President shall be chosen. The Electoral College has been a subject of ongoing debate, with critics arguing that it is not representative of the popular will of the nation, while supporters contend that it ensures presidential candidates have broad appeal across the country.

Characteristics Values
Number of Electors 538
Electors' Votes Required majority of 270 votes to elect the President
Selection of Electors Electors are chosen by voters in each state
Meeting of Electors Electors meet in their states in mid-December to vote for President and Vice President
Counting of Electoral Votes Congress meets in a joint session to count the votes
Constitutional Basis Established in Article II, Section I of the Constitution
Constitutional Amendment Required to change the Electoral College process
Previous Amendments 12th Amendment ratified in 1804 to provide for separate votes for President and Vice President
Public Opinion Public opinion polls have shown varying support and opposition to the Electoral College over time
State-Based System Each state appoints electors equal to its Congressional delegation, with a minimum of three electors per state

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The Founding Fathers established the Electoral College

The Electoral College consists of 538 electors, with each state getting as many electors as it has members of Congress (House and Senate). The District of Columbia is allocated three electors, which is the same number as the least populous state. The selection of electors, the meeting of the electors, and the counting of the electoral votes by Congress are all part of the Electoral College process. The electors meet in their states in mid-December to cast their votes for President and Vice President.

As the Electoral College process is part of the original design of the U.S. Constitution, a Constitutional amendment would be required to change this system. The Constitution allows states some flexibility in choosing their Electoral College representatives, and while it does not require electors to vote for the candidate chosen by their state's popular vote, some states enforce this through fines or other penalties for "faithless electors".

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Amendments to change the Electoral College

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 election by popular vote. The term "electoral college" does not appear in the Constitution, but the process is part of its original design. Article II of the Constitution and the 12th Amendment refer to "electors".

Since the Electoral College is part of the Constitution, it would require a Constitutional amendment to change this system. Under the most common method for amending the Constitution, an amendment must be proposed by a two-thirds majority in both houses of Congress and ratified by three-fourths of the States. Over the past 200 years, more than 700 proposals have been introduced in Congress to reform or eliminate the Electoral College.

The closest the US has come to abolishing the Electoral College was during the 91st Congress (1969–1971). The 1968 presidential election resulted in Richard Nixon receiving 56% of electors' votes, but only 0.6% more of the popular vote than Hubert Humphrey. In response to public concerns over this disparity, Representative Emanuel Celler (D-New York) introduced House Joint Resolution 681, a proposed constitutional amendment to abolish the Electoral College and provide for the direct popular election of the president and vice president.

The lead objectors to the proposal were mostly southern senators and conservatives from small states, who argued that abolishing the Electoral College would reduce their states' political influence. Two motions for cloture failed to receive the required two-thirds of senators voting, and the proposal was never considered again.

Other proposed amendments include the Every Vote Counts Amendment, which would have provided for the popular election of the president and vice president under a new electoral system, and a proposal by Senator Barbara Boxer (D-California) to abolish the Electoral College and allow Congress to input age requirements for elections.

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The role of electors

The Electoral College is a process, not a physical place, that decides who will be elected President and Vice President of the United States. The Founding Fathers established it 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 term "electoral college" does not appear in the Constitution, but the process is mandated by Article II, Section I, and the 12th Amendment.

The Electoral College consists of 538 electors, with each state getting as many electors as it has members of Congress (House and Senate). Washington, D.C., is also allocated three electors, bringing the total to 538. The voters in each state choose these electors to serve in the Electoral College. Electors are appointed by the State Executive, who signs a Certificate of Ascertainment listing the names of the individuals chosen in the general election.

The selection of electors, their meeting to vote, and the counting of electoral votes by Congress are the key steps in the Electoral College process. The process has been controversial, with critics arguing that it does not represent the popular will of the nation and that it reduces voter turnout in most states. However, supporters contend that it ensures presidential candidates have broad appeal and guarantees nationwide support for the President.

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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 a popular vote of qualified citizens. The term "electoral college" does not appear in the Constitution, but the process is part of the original design. Therefore, a constitutional amendment would be required to change this system.

NPV Inc., a California non-profit, was formed to promote the NPV plan. They published "Every Vote Equal", a 600-page book explaining and advocating for the plan, and also commissioned opinion polls, organised educational seminars, and hired lobbyists.

The NPV plan does not require congressional approval as it does not infringe upon federal powers. However, some have argued that it violates the Constitution's ban on interstate compacts. The Supreme Court has placed limits on how states may appoint their electors, and it has been suggested that the Court's decision in Chiafalo v. Washington sets a precedent for states to bind their electors to the national popular vote.

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The merit of the Electoral College system

The merits of the Electoral College system have been a matter of ongoing debate in the United States since its inception at the Constitutional Convention in 1787. Supporters of the system argue that it has several advantages.

Firstly, the Electoral College system ensures that all parts of the country are involved in selecting the President. Candidates need to build a national coalition and campaign across the nation, addressing diverse interests in different states, instead of focusing on heavily populated areas or specific regions. This promotes national cohesion and helps the winning candidate govern more effectively, as they are serving the needs of the entire country.

Secondly, the system produces a clear winner, preventing the need for run-off elections. The 'winner-takes-all' approach, where the candidate with the most electoral votes becomes president, ensures that one candidate receives more than 50% of the Electoral College votes. This encourages a two-horse race, providing the winner with a secure mandate to govern.

Thirdly, the Electoral College system respects the tradition of federalism by basing voting in individual states. Smaller states are deliberately overrepresented, ensuring that they are not intimidated by larger states. This protects the interests of small states and gives them a say in the election outcome.

Finally, supporters argue that the Electoral College system helps to maintain stability in the political system. It makes it difficult for a third party to break through at the national level, encouraging candidates to move towards the political center. It also eliminates the need for a national recount, as only states with voting issues need to be recounted, reducing the risk of national upheaval during the transition of power.

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Frequently asked questions

Yes, the Electoral College is part of the US Constitution.

The Electoral College is a process, not a place. It is a way of electing the President and Vice President of the United States.

Voters in each state choose electors to serve in the Electoral College. These electors then meet in their states to cast their votes for President and Vice President. The votes are then counted by Congress.

The Electoral College was established as a compromise between those who wanted the President to be elected by a vote in Congress and those who wanted a popular vote of qualified citizens.

The Electoral College can be abolished, but it would require a constitutional amendment. Over the years, there have been many proposals to reform or eliminate the Electoral College, but none have been successful.

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