Eva Sheppard Wolf, Professor of History SF State University Fall 2016 We have the Electoral College because of . . . Republican ideology Talent percolating up The debates of the Constitutional Convention and concerns about power and practicality Republican Ideology Community over individual need The public good “All government . . . Is or ought to be, calculated for the general good and safety of the community.” [George Mason] Virtue a necessity Aristocracy of talent rather than birth Talent/greatness percolating up How to Help Talent Percolate Up? Elections! The people will protect their own liberty. “Election” in 18th-century context has a religious overtone Election as a sort of natural process, part of a plan by a Divine force Why not direct elections for high offices? “I have ever observed that a choice by the people themselves is not generally distinguished for it’s wisdom. This first secretion from them is usually crude and heterogeneous. But give to those so chosen by the people a second choice for themselves, and they generally will chuse wise men. “ Outline of the Constitutional Convention Virginia Plan, May 29 New Jersey Plan, June 15 Discussion, Crisis, and Great Compromise, June 19July 16 Additional discussions, provisions, including over electoral college, July 17-26 Committee of detail, July 27-Aug. 6 Final discussions and compromises, Aug. 6-Sept. 10 Includes creation of Electoral College Virginia Plan—Talent Percolating Up National, bicameral legislature Members of the lower house of legislature choose members of the upper house from those nominated by state legislatures Legislature (both houses) chooses president Debates over Virginia Plan Provisions for Election of President Question of term limits/legislative role in selection If re-election possible, president might court favor with legislature If no re-election, president has insufficient incentive to perform duties faithfully Direct election by the people seen as impractical in 18th-c James Wilson (PA) proposes electors Wilson’s plan originally defeated Debates over Virginia Plan Provisions for Election of President, cont. Hamilton’s plan (after intro. of NJ Plan) Includes provision that executive and senate to be chosen by electors, who are chosen by people. Not adopted After Great Compromise in July, much discussion of Length of executive’s term Re-election possible? Who elects executive? James Madison on election of president by people “It would be as unnatural to refer the choice of a proper character for chief Magistrate to the people, as it would to refer a trial of colours to a blind man. The extent of the Country renders it impossible that the people can have the requisite capacity to judge of the respective pretensions of the Candidates.” Debates over Virginia Plan Provisions for Election of President, cont . Agree to election by national legislature, 7-year term, no re-election. This provision was in draft produced by Committee of Detail Enlargement of presidential powers by Committee of Detail Convene Congress in extraordinary circumstances Recommend measures to Congress Commander in chief Debates over Virginia Plan Provisions for Election of President, cont. Late August: a vote on direct election by the people: defeated James Wilson: “This subject has greatly divided the House . . . . It is in truth the most difficulty of all on which we have had to decide.” Aug. 31-Sept. 4: A committee tries to iron out remaining details Recommends electors chosen in each state as legislators there direct In each state, one of electors’ two choices not to be a resident of that state Electors’ votes sent to Senate, who choose from top 5 if there is no majority; and who decide in case of a tie. Electoral College as a Compromise Some, like Madison, saw direct election as inadvisable. The people could not have the proper judgment. Others thought direct election a good idea, but impractical. Large states wanted a bigger say in elections because they had more people. Smaller states wanted a say, too idea that Senate would choose if no majority among electors Election in House of Reps substituted for election in Senate in order to keep Senate from being too powerful Each state to have one vote in House of Reps if no majority from state electors Not foreseeing a party system Take-aways: The Electoral College reflects the republican idea of talent percolating up rather than a democratic idea of direct governance by the people. Take-aways, cont. Creation of the electoral college was one of the last details the Constitutional Convention settled. Election of the president was a sticky problem. Election of the president was not seen as the central problem (the legislature was). Take-aways, cont. Requirement of a simple majority in the Electoral College in order to prevent election by the House of Reps. may help reinforce two-party system. Ironic because the Electoral College was created in the absence of any notion of national political parties.
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