Arguing that the Elector Qualifications Clause was “an acknowledgment of state power to fix the qualifications (or identity) of the person or persons appointing the presidential electors, and as such it served as the counterpart to the provision in Article I authorizing the states to set the qualifications of persons choosing the House of Representatives.”
Arguing that the Committee of Detail’s rejection of national elector standards in favor of a state-based rule is one instance in which the Committee “weakened the national powers contemplated by the Convention and thus produced a final document surprisingly protective of states’ rights.”
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