for such cases by referring the election to the House of Representatives as a last resort. 4. HOUSE OF REPRESENTATIVES. Ist, If no person have such majority, then the House of 3d, The election in such cases shall be by ballot. 4th, The vote shall be taken by States. 5th, The representation from each State shall have one vote. 6th, A quorum for this purpose shall consist of a member or members from two thirds of the States. 7th, A majority of all the States shall be necessary to a choice. (94) 13. When the people fail to elect a President through their electors, it would seem proper that the choice should devolve on the House of Representatives. This seems to be the most appropriate body, as the members of which it is constituted are chosen by the popular voice, and are the more immediate representatives of the people. But, when the election takes place in the House, the selection must be made from the persons already voted for by electoral vote. The House is not at liberty to take up a new candidate, and their selection must be confined to those receiving the highest numbers, not exceeding three, on the list of persons voted for as President. This provision is made for the purpose of excluding from the list all such persons as receive but a small number of the electoral votes. 14. The vote must be taken by ballot and by States, each State having but one vote. The mode of voting by States, if the choice should fall to the House of Representatives, was but a just compensation to the smaller States for their loss in the primary election. When the people vote for the President, it is manifest that the large States enjoy a decided advantage over the small States; and thus their interests may be neglected or sacrificed. To compensate them for this, in the eventual election by the House of Representatives, a corresponding advantage is given to the small States. It was, in fact, a compromise.' There is no injustice in this; and, if the people do not elect a President, there is a greater chance of electing one in this mode than there would be by a mere representative vote according to numbers, as the same divisions would probably exist in the popular branch as in their respective States.2 It may be remarked here that this was the mode of passing laws under the Confederation. 15. But the House cannot proceed to the election of a President unless at least two thirds of the States are represented on the floor. A majority can transact the ordinary business of legislation; but the election of a chief magistrate of the nation was regarded by the authors of the Constitution as a matter of such grave interest to the country, that they did not hesitate to insert this provision with unanimity. A majority of all the States is necessary to a choice, not a majority of the States present by representation; that is, not a majority of the quorum, but a majority of all the States. 16. It may occur, however, that even the House of Representatives shall fail to elect a President of the United States within the time limited for such election by the Constitution. They have three candidates, no one of whom, perhaps, may receive a majority of all the States. They may continue to vote on the question, however, until the fourth day of the March next following the commencement of their effort. But their trial may result in a failure. In such case the VicePresident shall act as President, as in case of the death or other constitutional disability of the President (see chap. xiii.). 17. The present method of electing a President of the United States, which we have been considering, is in accord 2 Elliot's Debates, 364. 2 Rawle on the Constitution, chap. v. p. 54. ance with the provisions of the Twelfth Article of Amendment to the Constitution. This amendment was proposed by Congress in October, 1803, and was ratified so as to become a part of the Constitution before September, 1804. In the copy of the Constitution found in this work it is marked as Paragraph (94). The original article, of which Paragraph (94) is an amendment, is not numbered; but it is still printed with copies of the Constitution, and is known as Clause 3, Section 1, of Article II. It is inserted merely to show what it was. article and amendment differ in several important particulars. The Ist, By the original article, the electors voted each for two persons as President. By the amendment, the electors vote for two persons, but designating one as President, and the other as Vice-President. 2d, By the original article, two persons might each receive a majority of the whole number of electors appointed. By the amendment this is impossible, as each elector votes for only one person as President, and one as Vice-President. 3d, If more than one person had a majority of the electoral votes, and each an equal number, the election went into the House of Representatives on those two names. 4th, If two candidates received each a majority of all the electoral votes, but one of whom received a larger vote than the other, the one receiving the higher vote was.elected. 5th, If no person received a majority of all the electoral votes, the election went to the House of Representatives; and, from the five highest on the list, they were to make the election. By the amendment, it is from the three highest on the list. 6th, In every case, after the choice of the President, the person having the greatest number of votes of the electors, whether that number were a majority or not, was to be the Vice-President. 7th, If two or more received an equal number, and being highest on the list, the election went into the Senate on these two or more names. Thus the Vice-President could not be elected until after the election of the President. 8th, By the original article, the Senate was to elect the Vice-President by ballot. This is not required under the amendment. 9th, Under the amendment, the Vice-President acts as President if the House of Representatives fail to elect a President before the fourth day of March then next following, when the right to do so shall devolve on them; but, under the original article, no Vice-President could be elected until after the President should be elected. 18. In 1801 Thomas Jefferson was elected President by the House of Representatives; and in 1825, John Quincy Adams also. These are the only instances in our history of the election of a chief magistrate by the House of Representatives. The protracted contest in the House in 1801 between Thomas Jefferson and Aaron Burr, candidates for the presidency, led to the adoption of the Twelfth Article of Amendment. The number of electoral votes for each of these two candidates was equal, each having a majority of the whole number. In accordance with the provisions of the original article for electing a President, the election went into the House. There, through thirty-five ballotings, the results were uniform; Jefferson receiving the votes of eight States, Burr of six, and two being divided. There were sixteen States in the Union at that time. On the thirty-sixth ballot, Jefferson received the votes of nine States, giving him a majority of the whole. 19. Jefferson was declared elected President; and Burr, receiving the next highest number of votes, was declared elected Vice-President. The whole country was violently agitated during the contest, which lasted several weeks. Before the next presidential election occurred, the amendment was adopted which rendered it impossible that another contest of such exciting interest should occur, as a VicePresident can be elected under the amendment without any reference to the election of President; and he would perform the duties of President, as we shall see in the next chapter. 20. But one President has been elected by the House of Representatives, as before stated, under the amendment. This was the case of John Quincy Adams in 1825, a brief history of which is given in part ii. chap. i. art. ix. of this work. ART. V. - OATH OF OFFICE. Before he enter on the execution of his office, he shall swear or affirm, 1. That he will faithfully execute the office of President of the United States; and 2. That he will to the best of his ability preserve, protect, and defend the Constitution of the United States. (59) There is little need of comment on this clause. No man can well doubt the propriety of placing a President of the United States under the most solemn obligations to preserve, protect, and defend the Constitution. It is a suitable pledge of his fidelity and responsibility to his country, and creates upon his conscience a deep sense of duty, by an appeal at once, in the presence of God and man, to the most sacred and solemn sanctions which can operate upon the human mind.' He shall be removed from office on impeachment for and conviction of treason, bribery, and other high crimes and misdemeanors. (64) The subject of impeachments is treated in part ii. chap. i. art. ix., and chap. ii. art. x. He shall receive for his services, at stated times, a compensation which shall neither be increased nor diminished during the term for which he shall have been elected. (58) 1. Without this clause, the Executive would be dependent for his support on the will of Congress. By securing their 1 Story on the Constitution, § 1488. |