Presidential Electors

Outlining the decisions made by the Framers in drafting Article II, Section 1, Clause 1, to allow state legislatures to select Electors to elect the President.

Chronicling the historical foundations of the electoral college and suggesting that the National Popular Vote effort threatens the constitutional foundations of federalism.

Arguing that the National Popular Vote Compact is unconstitutional and that the history of the Presidential Elections Clause recommends a limited understanding of state authority to choose electors.

Reviewing the history of the Electoral College and contending that the use of vote swapping is either a logical extension of the structure the Framers created or a permissible evolution of the election process.

Documenting the Framers’ rationales for the electoral college and arguing that unforeseen developments since the Founding have rendered many of the Framers’ concerns inapplicable to today’s electoral system.

Arguing that the Founders did not intend for the Elector Appointment Clause to create independent legislatures free from any state constitutional limitations on how the legislatures may appoint presidential electors.

Concluding that an original understanding of the presidential elector system permits electors to exercise discretion in deciding whether or not to make their vote follow the popular vote.

Recounting the debates and compromises that led to the creation of the electoral college vote and the congressional vote.