Chapter 9: Qualifications for and election of an Executive

The next item on the agenda proves equally contention – the design of the Executive branch. The “Virginia Plan” proposes a “Council of several men,” selected by Congress, and charged with assuring that the laws of the land are properly carried out. The Federalist, Alexander Hamilton, counters with one man, titled Governor, who would serve for life, with powers approaching those of a monarch. This impasse leads to a middle ground from Gouvernor Morris of Pennsylvania who proposes that the President be one man, elected by the citizenry and serving a four year term, with the possibility of continuing in office if re-elected.

Most delegates see general merit in this plan, but with two questions remaining – who gets to vote for the President, and how are the individual state’s votes added up to pick the winner.

The first question is readily resolved. The right to vote should go to citizens just like the delegates themselves — “white men of property and tax-payers!” The conviction being that they alone can be counted on to focus on the long-term health of the nation and not be swayed by momentary disruptions or mob rule.

But translating the votes cast into a final choice for President proves much more difficult. As seen before, this comes down to concerns among the smaller states that their voices in electing a President will be drowned out by voters living in the large states. Thus in 1787 the Top 5 states – Virginia, Massachusetts, Pennsylvania, North Carolina, and New York – have 56% of the total white population, while the Bottom 5 – South Carolina, New Hampshire, Georgia, Rhode Island and Delaware – have only 14% between them.

Estimated U.S. Population as of the 1787 Constitutional Convention (before the 1790 Census)

The logjam here is broken by James Wilson of Pennsylvania, the same man who proposed the “Enumeration Clause,” and one widely regarded as the “smartest man at the convention.” Wilson’s solution is known as the “Electoral College,” designed to give the smaller states more say in choosing a President. In effect, the “Electoral College” abandons the notion of one “national election” where the candidate with the highest raw vote total across all states becomes the winner. In its place comes a series of “local elections” where each sovereign state selects its own winner, and names a set of “designated electors” to go to Washington to cast its votes for at an Electoral College convention.

The larger states reject the idea of everyone having the same one vote in the Electoral College, and instead propose a “weighting system.” Thus the number of “electors” assigned to each state will be based on the total number of “seats” it is allocated in the Congress – i.e. those in the House (based on white population percentages) plus a flat 2 for the Senate. For example, in 1789 Virginia has 10 House seats plus 2 Senates seats for a weighted total of 12 Electors — while nearby Delaware has 1 House plus 2 Senate seats for a total of 3. In the end, this does not do away with the popular voting impact of the larger states, but it does give the smaller states more of the voice they seek.

Total Electoral Votes By State in the 1789 Presidential Election*

As new states join the Union, the total number of Electoral Votes will increase, from 65 in 1788 to 303 in 1860. The allocation of these votes among individual states also changes as their populations either grow or decline. In the beginning, the regional division is about evenly split, with 52% of the Electoral Votes in the Northern states and 48% in the South. Over time, however, high density urban centers proliferate across the North to accommodate its industrial economy, while the South remains rural in nature and less populated. By 1860, the North has gained control over 60% of the Electoral Votes, dramatically increasing its leverage in choosing a president. This fact troubles the South, as controversy over the future of slavery grows along with the threat of a president who may oppose their wishes.

Changes in the Total Number of Electoral College Votes and the Division Between the North Free States and the South Slave States