The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
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The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
II.
_Sect._ 1. The executive power shall be vested in a president of
the United States of America. He shall hold his office during
the term of four years, and, altogether with the vice-president,
chosen for the same term, be elected in the following manner:
Each State shall appoint, in such manner as the legislature
thereof may direct, a number of electors, equal to the whole
number of senators and representatives to which the state may be
entitled in Congress: but no senator or representative shall be
appointed an elector, nor any person holding an office of trust
or profit under the United States.
The electors shall meet in their respective states, and vote by
ballot for two persons, of whom one at least shall not be an
inhabitant of the same state with themselves. And they shall
make a list of all the persons voted for, and of the number of
votes for each; which list they shall sign and certify, and
transmit sealed to the seat of the general government, directed
to the president of the senate. The president of the senate
shall in the presence of the senate and house of representatives
open all the certificates, and the votes shall then be counted.
The person having the greatest number of votes shall be the
president, if such number be a majority of the whole number of
electors appointed; and if there be more than one who have such
majority, and have an equal number of votes, then the house of
representatives shall immediately chuse by ballot one of them
for president; and if no person have a majority, then from the
five highest on the list the said house shall in like manner
choose the president. But in choosing the president, the votes
shall be taken by states and not per capita,[78] the
representation from each state having one vote. A quorum for
this purpose shall consist of a member or members from
two-thirds of the states, and a majority of all the states shall
be necessary to a choice. In every case, after the choice of the
president by the representatives,[79] the person having the
greatest number of votes of the electors shall be the
vice-president. But if there should remain two or more who have
equal votes, the senate shall choose from them by ballot the
vice-president.
[78] "and not per capita" struck out by Madison.
[79] "by the representatives" struck out by Madison.
The Congress may determine the time of chusing the electors, and
the time in[80] which they shall give their votes; but the
election shall be on the same day[81] throughout the United
States.
[80] The words "day on" substituted by Madison.
[81] "but the election shall be on the same day" struck
out & "which day shall be the same" inserted by Madison.
Public-domain text, read in full here on John Shaqi.
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