The Federalist No. 68: A Defense of the Electoral College

As has become customary after a closely divided election (especially, one where the popular vote winner loses in the electoral college), there is a growing chorus of individuals calling for the abolishment of the electoral college. Just last night on Real Time With Bill Maher, former Attorney General Eric Holder called for an end to the electoral college.

I suspect these debates will continue not just this year, but in future elections, as well, and so I thought it might be useful to spotlight The Federalist No. 68, wherein Alexander Hamilton explains why the Framers created the electoral college system.

The mode of appointment of the chief magistrate of the United States is almost the only part of the system, of any consequence, which has escaped without severe censure, or which has received the slightest mark of approbation from its opponents. The most plausible of these, who has appeared in print, has even deigned to admit, that the election of the president is pretty well guarded. I venture somewhat further; and hesitate not to affirm, that if the manner of it be not perfect, it is at least excellent. It unites in an eminent degree all the advantages; the union of which was to be desired.

It was desireable, that the sense of the people should operate in the choice of the person to whom so important a trust was to be confided. This end will be answered by committing the right of making it, not to any pre-established body, but to men, chosen by the people for the special purpose, and at the particular conjuncture.

It was equally desirable, that the immediate election should be made by men most capable of analizing the qualities adapted to the station, and acting under circumstances favourable to deliberation and to a judicious combination of all the reasons and inducements, which were proper to govern their choice. A small number of persons, selected by their fellow citizens from the general mass, will be most likely to possess the information and discernment requisite to so complicated an investigation.

It was also peculiarly desirable, to afford as little opportunity as possible to tumult and disorder. This evil was not least to be dreaded in the election of a magistrate, who was to have so important an agency in the administration of the government, as the president of the United States. But the precautions which have been so happily concerted in the system under consideration, promise an effectual security against this mischief. The choice of several to form an intermediate body of electors, will be much less apt to convulse the community, with any extraordinary or violent movements, than the choice of one who was himself to be the final object of the public wishes. And as the electors, chosen in each state, are to assemble and vote in the state, in which they are chosen, this detached and divided situation will expose them much less to heats and ferments, which might be communicated from them to the people, than if they were all to be convened at one time, in one place.

Nothing was more to be desired, than that every practicable obstacle should be opposed to cabal, intrigue and corruption. These most deadly adversaries of republican government might naturally have been expected to make their approaches from more than one quarter, but chiefly from the desire in foreign powers to gain an improper ascendant in our councils. How could they better gratify this, than by raising a creature of their own to the chief magistracy of the union? But the convention have guarded against all danger of this sort with the most provident and judicious attention. They have not made the appointment of the president to depend on any pre-existing bodies of men who might be tampered with before hand to prostitute their votes; but they have referred it in the first instance to an immediate act of the people of America, to be exerted in the choice of persons for the temporary and sole purpose of making the appointment. And they have excluded from eligibility to this trust, all those who from situation might be suspected of too great devotion to the president in office. No senator, representative, or other person holding a place of trust or profit under the United States, can be of the number of electors. Thus, without corrupting the body of the people, the immediate agents in the election will at least enter upon the task, free from any sinister byass. Their transient existence, and their detached situation, already taken notice of, afford a satisfactory prospect of their continuing so, to the conclusion of it. The business of corruption, when it is to embrace so considerable a number of men, requires time, as well as means. Nor would it be found easy suddenly to embark them, dispersed as they would be over thirteen states, in any combinations, founded upon motives, which though they could not properly be denominated corrupt, might yet be of a nature to mislead them from their duty.

Another and no less important desideratum was, that the executive should be independent for his continuance in office on all, but the people themselves. He might otherwise be tempted to sacrifice his duty to his complaisance for those whose favor was necessary to the duration of his official consequence. This advantage will also be secured, by making his re-election to depend on a special body of representatives, deputed by the society for the single purpose of making the important choice.

All these advantages will be happily combined in the plan devised by the convention; which is, that the people of each state shall choose a number of persons as electors, equal to the number of senators and representatives of such state in the national government, who shall assemble within the state and vote for some fit person as president. Their votes, thus given, are to be transmitted to the seat of the national government, and the person who may happen to have a majority of the whole number of votes will be the president. But as a majority of the votes might not always happen to centre on one man and as it might be unsafe to permit less than a majority to be conclusive, it is provided, that in such a contingency, the house of representatives shall select out of the candidates, who shall have the five highest numbers of votes, the man who in their opinion may be best qualified for the office.

This process of election affords a moral certainty, that the office of president, will seldom fall to the lot of any man, who is not in an eminent degree endowed with the requisite qualifications. Talents for low intrigue and the little arts of popularity may alone suffice to elevate a man to the first honors in a single state; but it will require other talents and a different kind of merit to establish him in the esteem and confidence of the whole union, or of so considerable a portion of it as would be necessary to make him a successful candidate for the distinguished office of president of the United States. It will not be too strong to say, that there will be a constant probability of seeing the station filled by characters pre-eminent for ability and virtue. And this will be thought no inconsiderable recommendation of the constitution, by those, who are able to estimate the share, which the executive in every government must necessarily have in its good or ill administration. Though we cannot acquiesce in the political heresy of the poet who says–

“For forms of government let fools contest–  That which is best administered is best.”

–yet we may safely pronounce, that the true test of a good government is its aptitude and tendency to produce a good administration.

The Federalist No. 1 is Published 229 Years Ago Today, on October 27, 1787

Cross-posted on the ConSource blog

The Federalist No. 1 was published 229 years ago today, on October 27, 1787. The Federalist, or Federalist Papers as they have come to be known, are a collection of 85 essays on the origins, purpose, and design of the United States Constitution. The authors and collaborators behind these essays were Alexander Hamilton writing 51 papers, James Madison writing 29 papers, and John Jay writing five papers. At the time of their publication, Hamilton, Madison and Jay did not sign their names to the essays. Instead, they wrote all of the essays under the pseudonym Publius.

James Madison in an 1818 letter explained that “[t]he immediate object of [The Federalist Papers] was to vindicate & recommend the new Constitution to the State of [New York], whose ratification of the instrument was doubtful, as well as important.”

The essays were designed to help solidify support amongst existing proponents of the Constitution, and to persuade undecided and unsympathetic citizens to support ratification.

Overview of the Essays

In The Federalist No. 1, Alexander Hamilton outlined the topics addressed by each of the essays. He wrote,

“I propose in a series of papers to discuss the following interesting particulars: – The utility of the UNION to your political prosperity– The insufficiency of the present Confederation to preserve that Union– The necessity of a government at least equally energetic with the one proposed to the attainment of this object– The conformity of the proposed Constitution to the true principles of republican government– Its analogy to your own state constitution– and lastly, The additional security, which its adoption will afford to the preservation of that species of government, to liberty and to property. In the progress of this discussion I shall endeavour to give a satisfactory answer to all the objections which shall have made their appearance that may seem to have any claim to your attention.”

Essays 1 – 14 discuss the necessity of a strong union.

Essay 15 – 22 primarily address issues with the Articles of Confederation.

Essays 23 – 35 discuss how the powers enumerated in the Constitution provide for an “energetic” federal government.

Essays 36 – 50 focus on the structure of the proposed government and the principles of Republican government.

Essays 51 – 66 provide a detailed discussion of the House of Representatives and Senate.

Essays 67 – 77 discuss the design and powers of the executive branch.

Essays 78 – 83 cover the federal judiciary.

Essay 84 responds to the objections raised over the lack of a federal bill of rights.

Essay 85 concludes the essay series by stating: “A nation, without a national government, is, in my view, an awful spectacle. The establishment of a Constitution, in time of profound peace, by the voluntary consent of a whole people, is a prodigy, to the completion of which I look forward with trembling anxiety. I can reconcile it to no rules of prudence to let go the hold we now have, in so arduous an enterprise, upon seven out of the thirteen States, and after having passed over so considerable a part of the ground, to recommence the course. I dread the more the consequences of new attempts, because I know that powerful individuals, in this and in other States, are enemies to a general national government in every possible shape.”

Read The Federalist Papers

“The importance of The Federalist cannot be overstated. Throughout American history it has provided a pivot point of argument in great struggles over constitutional meaning. Hamilton and Madison themselves drew on The Federalist in debates over the constitutionality of the National Bank Act and other early assertions of federal authority. In the years leading up to the Civil War, Southern nullificationists and Northern unionists both invoked the essays, and modern-day proponents and opponents of sweeping executive powers have done so as well. In scores of cases, and with much-increased frequency in recent decades, the Supreme Court has drawn on The Federalist in resolving hard-fought battles over what the Constitution means for disputants in the context of federal litigation.”[i]

You can read all 85 essays in the ConSource Digital Library.