1. Selection of the President The Original Version

2. If you were to start from scratch designing a presidency today, how would you elect a president? Why?

3. What were the framers thinking and worrying about as they designed the system for selecting the president?

4. What were the framers worried about? Ending up with a monarchy Ending up with a monarchy –(elected, hereditary, or achieved through violence)

5. “Shut the civil road to glory, and he may be compelled to seek it by the sword.” --Gouverneur Morris Philadelphia Convention, July 19

6. Danger of an elected monarchy “The great fundamental principle of responsibility in republicanism is [by the possibility of reelection] here sapped. The president is elected without rotation. It may be said that a new election may remove him, and place another in his stead. If we judge from the experience of all other countries, and even our own, we may conclude that as the President of the United States may be reelected, so he will. How is it in every government where rotation is not required? Is there a single instance of a great man not being reelected?]” George Mason Virginia Ratifying Convention, June 17, 1788

7. The Declaration of Independence The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries. He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries. He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures. He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures. He has affected to render the Military independent of and superior to the Civil power. He has affected to render the Military independent of and superior to the Civil power. For Quartering large bodies of armed troops among us: For Quartering large bodies of armed troops among us: For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States: For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States: For cutting off our Trade with all parts of the world: For cutting off our Trade with all parts of the world: For imposing Taxes on us without our Consent: For imposing Taxes on us without our Consent:

8. …continued For depriving us in many cases, of the benefits of Trial by Jury: For depriving us in many cases, of the benefits of Trial by Jury: For transporting us beyond Seas to be tried for pretended offences For transporting us beyond Seas to be tried for pretended offences For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments: For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments: For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. He has abdicated Government here, by declaring us out of his Protection and waging War against us. He has abdicated Government here, by declaring us out of his Protection and waging War against us. He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation. He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation. We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States… We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States…

9. What were the framers worried about? Not ending up with a monarchy (elected, hereditary, or achieved through violence) Not ending up with a monarchy (elected, hereditary, or achieved through violence) Checking the legislative branch Checking the legislative branch Minimizing corruption, maximizing responsibility Minimizing corruption, maximizing responsibility Mustering support of 9 states Mustering support of 9 states

10. How to select a president? The early proposal: The early proposal: –Chosen by Congress –One term, no reelection –Seven years Why? Why?

11. Why that proposal? Familiarity Familiarity Independence Independence Why did that idea fall through?

12. The Electoral College Compromise A product of the Committee on Postponed Matters Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress No Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. No Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

13. The Electors shall meet in their respective States 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 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. 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.

14. 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; 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;

15. 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 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. 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. 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.

16. Grayson’s complaint In my opinion, it will often happen. A person who is a favorite of Congress, if he gets but two votes of electors, may by the subsequent …representatives, be elected president. In my opinion, it will often happen. A person who is a favorite of Congress, if he gets but two votes of electors, may by the subsequent …representatives, be elected president. William Grayson Virginia Ratifying Convention June 17, 1788

17. 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 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

18. Oops! The Accidental Vice President: 1796 The Electoral College tie: 1800

19. The Twelfth Amendment 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 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;

20. Evaluations What were they right to worry about? What were they right to worry about? What did they not envision? Why didn’t they see it coming? What did they not envision? Why didn’t they see it coming?