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Constitutional Originalism and the Electoral College

By       (Page 3 of 3 pages) Become a premium member to see this article and all articles as one long page.   3 comments, In Series: Constitutional Originalism

Larry Butler
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Who were these people, anyway? Knowing the authors can show us who gains from the perpetuation of this vile institution. They were senators from the southern states of Mississippi, Arkansas, North Carolina, and South Carolina - together with the small states of Nebraska and Hawaii. They included such racist luminaries as James O. Eastland and Strom Thurmond, who were understandably wary of the minorities within their own states.

If the Electoral College makes losers of ourselves and our republic, who are the winners? The winners are the conservative and so-called originalist defenders of the status quo - including the big-money interests that have set up a system to serve themselves. And they don't want you to change it!

The Constitution of the United States, Article II Section 1

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. 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 chuse 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 chuse the President. But in chusing 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 chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States."

The Twelfth Amendment to the Constitution of the United States, ratified June 15, 1804

"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; -- 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 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."

*Effective after the election of 1788

**Superseded by section 3 of the 20th amendment.

[1] click here

[2]https://www.opednews.com/articles/Constitutional-Originalism-by-Larry-Butler-Conservatism_Conservatives_Constitutional-Amendments_Constitutional-Issues-170222-58.html

[3] https://www.1215.org/lawnotes/lawnotes/repvsdem.htm

[4] rpages.umbc.edu/~bouton/History407/SlaveStats.htm

[5] .ushistory.org/us/16b.asp

[6] click here

[7] click here

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Thirty five years as a small business consultant, CFO, and university educator specializing in quantitative business and economic modeling - a suite of experience now focused on economic inequality. Carefully attributed data, thoughtful (more...)
 

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