Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/329

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CH. XXXVI.]
EXECUTIVE—CHOICE OF PRESIDENT.
321

tatives, a correspondent advantage is given to the small states. It was in fact a compromise.[1] 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]

§ 1457. It has been observed with much point, that in no respect have the enlarged and liberal views of the framers of the constitution, and the expectations of the public, when it was adopted, been so completely frustrated, as in the practical operation of the system, so far as relates to the independence of the electors in the electoral colleges.[3] It is notorious, that the electors are now chosen wholly with reference to particular candidates, and are silently pledged to vote for them. Nay, upon some occasions the electors publicly pledge themselves to vote for a particular person; and thus, in effect, the whole foundation of the system, so elaborately constructed, is subverted.[4] The candidates for the presidency are selected and announced in each state long before the election; and an ardent canvass is maintained in the newspapers, in party meetings, and in the state legislatures, to secure votes for the favourite candidate, and to defeat his opponents. Nay, the state legislatures often become the nominating body, acting in their official capacities, and recommending by solemn resolves their own candidate to the other states.[5] So, that nothing is left lo the electors after their choice,
  1. 2 Elliot's Debates, 364.
  2. Rawle on Constitution, ch. 5, p. 54.
  3. Rawle on Constitution, ch. 5, p. 57, 58.
  4. Id.
  5. Id.—A practice, which has been censured by some persons, as still more alarming, is the nomination of the president by members of

vol. iii.41