a rule which favors the federal, and not the national character of the government.
The authors of the work conclude, on the same affirmation — and by a similar course of reasoning — that the executive department of the government is partly national, and partly federal — federal, so far as the number of electors of each State, in the election of President, depends on its Senatorial representation — and so far as the final election (when no choice is made by the electoral college) depends on the House of Representatives — because they vote and count by the States — and national, so far as the number of its electors depends on its representation in the Lower House. As the argument in support of this proposition is the same as that relied on to prove that the House of Representatives is national, I shall pass it by with a single remark. It overlooks the fact that the electors, by an express provision of the constitution, are appointed by the several States;[1] and, of course, derive their powers from them. It would, therefore, seem, according to their course of reasoning, that the executive department, when the election is made by the colleges, ought to be regarded as federal — while, on the other hand, when it is made by the
- ↑ 2d Art. 1st Sec. of the Constitution.
