Federalism and the Electoral College

Federalism and the Electoral College

Introduction

  • The article, authored by Robert E. Ross from Utah State University, discusses the development of the federal aspect of the Electoral College, particularly focusing on the general ticket method used for selecting presidential electors.

  • Analyzes early state experiments with different methods for choosing electors, the contentious debates during the 1820s, and the eventual adoption of a system best representative of state majorities.

Background

  • Historical Context: The Electoral College has faced criticism for being undemocratic and presenting features that contradict political equality and majority rule.

  • Alternative Perspectives: Some scholars argue that the Electoral College enhances democracy and upholds federalist principles, referencing Federalist No. 39 and Madison's views on the College as embodying both federal and national characteristics.

  • Importance of the Electoral College: The article does not advocate for or against the Electoral College but seeks to elucidate its evolution in response to political practices and debates.

Development of the General Ticket Method

  • Constitutional Basis: Article II, Section 1 empowers states to select electors without defining the method, leading to early inconsistency in elector selection methods.

  • Adoption of the General Ticket Method: The general ticket method gained dominance following the contentious election of 1824, despite an early preference for the district system.

  • Arguments for the General Ticket System: It became defended as the system best representing state majorities, contrasting earlier views advocating a district method which was thought to reflect minority representation.

Early Electoral Selection Methods

  • State Experimentation (1789-1836): States initially varied in methods for selecting electors, including:   - State Legislature Selection: Electors chosen by state legislatures.   - District Selection: Electors chosen in geographic districts.   - General Ticket Method: Electors selected in a statewide vote.

  • Hybrid Systems: Some states utilized a combination of different methods or innovative practices such as runoff elections based on district votes.

Political Context and Partisanship

  • Influence of Political Parties: As political parties emerged, methods of elector selection increasingly aligned with partisan advantage. For example, after President Washington's term ended, the selection process felt the increasing weight of partisan strategies.

  • Noteworthy Elections:   - 1796 Election: Republicans organized strategic campaigns to capitalize on the electoral strengths of states like Pennsylvania, illustrating the pragmatic manipulation of electoral selection rules.   - 1800 Election: Hamilton was known to shift preferences towards district methods in response to partisan needs; Republicans executed sophisticated campaigns to maximize electoral gains through the general ticket method.

Constitutional Debates and Proposals

  • Debates from 1790s-1830s: A contentious debate arose regarding whether states should have full control over how to select electors and the relative merits of the district vs. general ticket methods.   - Support for the District Method: Prominent founders like Madison and Jefferson endorsed the district system as a means of better achieving representation and preventing geographic or political factionalism.   - Failed Amendments: A proposed constitutional amendment aimed at mandating a uniform district method for electors failed to pass following the 1824 election, reaffirming states’ authority in elector selection during a critical period.

Electoral Legitimacy and the Aftermath of 1824

  • Electoral Crisis of 1824: Resulted in accusations of a “corrupt bargain,” raising doubts about the legitimacy of the electoral system as structured.

  • Shift Toward General Ticket Adoption: After the 1824 election, states increasingly adopted the general ticket method, consolidating elector selection methods while drawing attention to the question of electoral representation and majority rule.   - In 1828, many states favored general ticket methods, significantly outnumbering those using district or legislative methods.

Implications for Modern Electoral System

  • Continued Relevance: The examination of the evolution of the Electoral College provides context for current debates regarding potential reforms or shifts toward direct election methods.

  • Court Cases Affirming System: Notably, McPherson v. Blacker (1892) and subsequent decisions reaffirmed states’ constitutional authority regarding elector selection methods.

Conclusion

  • The early history of electoral selection indicates that as partisan politics grew, states opted for methodologies that maximized their influence on presidential selection processes.

  • The adoption of general ticket voting crystallized understanding majoritarian principles and subsequent political party systems solidified through its widespread use, demonstrating the ongoing complexity of electoral reforms.

Appendix

  • Table Al: Methods used by states for selecting presidential electors from 1789 to 1836, showcasing the transitions between methods such as legislative, district, hybrid, and general ticket selections in various states over time.

References

  • A comprehensive list of academic works cited to demonstrate the extensive research undertaken by Ross, including works by Ackerman, Dahl, Madison, and many more advocating for various views on electoral system legitimacy and federalism.