Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/339

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
CH. XXXVI.]
EXECUTIVE—QUALIFICATIONS.
331

§ 1470. In pursuance of the authority given by this clause, congress, in 1792, passed an act declaring, that the electors shall be appointed in each state within thirty-four days, preceding the first Wednesday in December in every fourth year, succeeding the last election of president, according to the apportionment of representatives and senators then existing. The electors chosen are required to meet and give their votes on the said first Wednesday of December, at such place in each state, as shall be directed by the legislature thereof. They are then to make and sign three certificates of all the votes by them given, and to seal up the same, certifying on each, that a list of the votes of such state for president and vice-president is contained therein, and shall appoint a person to take charge of, and deliver, one of the same certificates to the president of the senate at the seat of government, before the first Wednesday of January then next ensuing; another of the certificates is to be forwarded forthwith by the post-office to the president of the senate at the seat of government; and the third is to be delivered to the judge of the district, in which the electors assembled.[1] Other auxiliary provisions are made by the same act for the due transmission and preservation of the electoral votes; and authenticating the appointment of the electors. The president's term of office is also declared to commence on the fourth day of March next succeeding the day, on which the votes of the electors shall be given.[2]

§ 1471. The next clause respects the qualifications of the president of the United States.
No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the office of president.

  1. Act of 1st March, 1792, ch. 8.
  2. Id.