THE ORIGINS AND TRANSFORMATION OF THE ELECTORAL COLLEGEConflicting Assessments of the Framers’ Presidential Selections SystemMenu of Basic OptionsRefining the OptionsRefining the Options (cont.)Slide 6The “Three-Dimensional Chess Game”Strategic CalculationsStrategic Calculations (cont.)Slide 10Slide 11Slide 12Convention DynamicsThe Committee CompromiseConvention DecisionArticle II, Section 1THE ORIGINAL ELECTORAL COLLEGE (BEFORE THE 12th AMENDMENT AND USING THE PROVISIONAL APPORTIONMENT OF HOUSE SEATS)Expectations of DelegatesRules for Games That Were Never PlayedRules for Games That Were Never Played (cont.)Slide 21The Election of 1792The Election of 1796The Election of 1796 (cont.) [Electors =138; Electoral votes = 276, Required majority = 70]The Election of 1796 (cont.)Slide 26Lessons from the Hazardous GameLessons from the Hazardous Game (cont.)Election of 1800Slide 30Election of 1800 (cont.)Slide 32Slide 33The 12th AmendmentThe 12th Amendment (cont.)Slide 36Transformation of the Electoral CollegeMode of Elector SelectionMode of Elector Selection (cont.)Slide 40State strategic considerations (cont.)“Almost Winner-Take-All”“Almost Winner-Take-All” (cont.)Slide 44Democratic-Republican vs. Federalist Competition for Electoral Votes: 1796-1820Duverger’s LawDuverger’s Law (cont.)Slide 48Slide 49The Election of 1824The Election of 1824 (cont.)Slide 52Slide 53Slide 54Slide 55Slide 56Consequences of the1824 ElectionTHE ORIGINS AND TRANSFORMATION OF THE ELECTORAL COLLEGEConflicting Assessments of the Framers’ Presidential Selections System•Hamilton's assessment: “if not perfect, at least excellent” [Federalist 68]•Subsequent evaluations and proposed constitutional amendments•Part of a generally elitist and anti-democratic constitution•A last-minute jerry-built compromise•A brilliantly designed compromise of diverse considerations•The embodiment of well-thought selection criteria [James Ceaser, Presidential Selection]•A non-partisan selection system•Rapidly transformed accommodate the political parties that formed almost immediately.Menu of Basic Options•Selection by states•Selection by National Legislature [Congress]•Selection by the people•Mixed systems–first round (“nomination”)–second round (“election” or “runoff”)–“intermediate electors”Refining the Options•Selection by states–election by state legislatures–election by an “executive council” of state executives–one state, one vote?Refining the Options (cont.)•Selection by National Legislature (Congress)–standard state-level practice at the time–the “default option”•found in both Virginia and New Jersey plans•Relation to the character of National Legislature–probably bicameral –selection by the House•by individual representative•by state delegations–selection by the Senate–selection by the whole Congress•by joint ballot•by concurrent ballot [like laws]Refining the Options (cont.)•Popular election–the New York (and Massachusetts) precedent•Variants–direct popular election–indirect popular election through inter-mediate electors–legislative runoffThe “Three-Dimensional Chess Game”•The selection system•Term of office– short term (one or two years)– medium term (four years)– long term (seven years)– good behavior•Re-eligibility for selectionStrategic Calculations•“Nationalist” objections to election by states–too much like the Articles of ConfederationStrategic Calculations (cont.)•“Separationist” objections to legislative selection–bad state-level precedent•provincialism•legislative supremacy risking tyranny–induces "intrigue," cabal, and foreign manipulation–induces executive dependence on legislature–to mitigate above, link legislative selection to•long term•no re-eligibility, but•problem of executive accountability (cf. 22nd Amendment)–particular manner of legislative election–maintaining Connecticut Compromise (already fixed)Strategic Calculations (cont.)•Advantages of popular elections–Separation from legislature and states–Connection between people and national government–Multiple Votes (three or two with one out-of-state) •Seen as advantageous to smaller states•Objections to popular election–Too much “democracy”–absence of media and information–parochialism–Antifederalist objections•national election•advantage of wealth and recognition–big vs. small states (upsetting Connecticut Compromise)–suffrage eligibility (North vs. South) or national suffrage•avoided in House elections•Southern states and 3/5 compromise–“nominations” and multi-candidate electionStrategic Calculations (cont.)•Appeal of intermediate electors (vs. popular or legislative election)–more "refined" opinions–manipulation of state weights–temporary parallel body avoids "intrigue"•Objections to intermediate electors–expense for peripheral states–vulnerability to foreign manipulationStrategic Calculations (cont.)•Other strategic considerations–prospective Presidential contestants expected to represent states–Multi-candidate elections–double (or multi-) vote systems–required majorities–number of candidates in runoffConvention Dynamics•Legislative election as starting point•Separationist stratagems–package legislative selection with•long term•no re-eligibility–force question of accountability–force question of type of legislative selection•joint ballot vote on 8/24–seek small-state allies•Referral to Committee on Postponed MattersThe Committee Compromise•Use intermediate electors (“Electoral College”)–allocated by total Congressional representation–selection prescribed by state legislature–meet separately in state capitals•Voting system –double vote system (cf. approval voting)–non-cumulative–out-of-state requirement (cf. Bush and Cheney)•Counting of votes before joint session of Congress•Vote counting rule for Electoral College selection–Required•support from a majority of electors, and•more than any other candidate•Otherwise “contingent procedure” (runoff)–selection by Senate •from top five candidates•from among tied candidates•Creation and selection of the office of Vice President–runner-up in presidential votingConvention Decision•General approval–“consensus by exhaustion”•Replacement of Senate by House– voting by state