Tag: Electoral College

  • State Discretion in Choosing Electors

    State Discretion in Choosing ElectorsAlthough Clause 2 seemingly vests complete discretion in the states, certain older cases had recognized a federal interest in protecting the integrity of the process. Thus, the Court upheld the power of Congress to protect the right of all citizens who are entitl…

  • Electoral College

    Electoral CollegeThe electoral college was one of the compromises by which the delegates were able to agree on the document finally produced. "This subject," said James Wilson, referring to the issue of the manner in which the President was to be selected, "has greatly divided the Hou…

  • Electors as Free Agents

    Electors as Free Agents"No one faithful to our history can deny that the plan originally contemplated, what is implicit in its text, that electors would be free agents, to exercise an independent and nonpartisan judgment as to the men best qualified for the Nation's highest offices." <…

  • Constitutional Status of Electors

    Constitutional Status of ElectorsDealing with the question of the constitutional status of the electors, the Court said in 15 0: "The sole function of the presidential electors is to cast, certify and transmit the vote of the State for President …

  • Appoint

    "Appoint"The word "appoint" as used in Clause 2 confers on state legislatures "the broadest power of determination." 1 Upholding a state law providing for selection of electors by popular vote from districts rather than …