The Presidency and the
Constitution
The President is a Leader

Throughout history groups have selected leaders. If we move
into prehistory there is evidence that families, clans, and tribes
had leaders, and sometimes legislative entities like councils,
and judges as well.

Why did men and women select leaders? How did they select
them in the earliest of times? What purposes did leaders serve
in the earliest of times? What was the form of leadership in the
earliest of times? Was religion related to leadership selection?
Strength, cunning, age, personality attributes.

Some of the oldest detailed records on early governments
were those surrounding the Greek city states. Here the forms
of government were diverse, ranging from despotical
dictatorships, to benevolent dictatorships, to monarchys, to
democratically elected leaders. Interestingly, Aristotle in the
first recorded study of governmental forms (Politics) declared
that “democracy is the worst form of government”, while a
benevolent dictatorship is the best.

The method of selecting leaders has also varied through the
years. Early on physical/mental power, cunning and skill may
have been determinants of whether one leads or not. There is
also much evidence that age played a part, with an elder of
the tribe being selected a leader. Leadership may also have
been passed down from generation to generation, with father
passing the wand of leadership down to son or other children.
Religion and spiritualism may also have been important.

In Britain, from which the U.S. traces its governmental origins,
monarchy, sometimes benevolent, sometimes malevolent was the
form of government and leadership.

British monarchs and other kings, queens, princes, etc. claim a
“divine right” to rule. In other words, GOD anointed me with absolute
power.

There is no need to recount the grievances which colonists had
against King George III. (Of course it was actually the British
Parliament that committed most of the wrongs.) However, the
distaste for monarchy was extreme in the early origins of the nation.
Down with the King! No taxation without representation! Give me
liberty or give me death! (At least, this is one interpretation.)

Hence, there was great suspicion about the form of executive power,
and indeed there were accusations in the early republic that
Federalists wanted to establish an American monarchy.
The States and the Articles of
Confederation

After the Revolution, the states quickly went about the task of
establishing their own independent and sovereign
governments.

The first U.S. Constitution was the Articles of Confederation
adopted in 1781. However, it was not a federal government of
the people, but a federal government relative to the respective
states.

This document established a loose confederation among the
American states, which retained the strong sovereignty of each
state, while also establishing a mutual defense pact.

A nice discussion of the background prior to the Convention is
at http://teachingamericanhistory.org/convention/intro/
Features of the Articles of Confederation

Only one branch of government, a Congress containing a
single representative from each of the 13 states.

A super-majority of 9 (roughly 3/4) was required to pass
legislation. Unanimity was required to amend the articles.

Power to declare war, make treaties, enter alliances, raise a
military, regulate and borrow money, set up a post office, and
adjudicate disputes between the states.

There was no executive, although a congressional committee
consisting of one delegate from each state managed affairs
when Congress was not assembled.

There was no judiciary, although Congress could act as a
court to resolve disputes among the states.

No power to mint money; no common currency

Not responsible for public debts. Couldn’t pay them even if they
were. No revenue except what was provided by the states.

Little power to raise money. Could levy tariffs, but no power to
levy or collect taxes

No standing national military; each state had its own militia.

A subordinate role for the central government and the
dependence of Congress on the states for legislating, funds, a
military, and for execution of its decrees.
Problems Under the Articles of Confederation

Biggest problem: Debt owed to creditors from the American
Revolution. Since the national government had little ability to raise
money, it was unable to meet its obligations.

Much of the debt was also owed to the domestic propertied class.
About 40 of the 55 delegates to the constitutional convention were
holders of public debt. That debt was worthless under the Articles.

The inability of Congress to provide back pay for soldiers of the
American Revolution also meant civil unrest over money owed to
patriots. Soldiers had been paid in worthless script which they often
sold for less than face value (often 10 percent) to wealthy
speculators and members of the propertied class.

Foreign creditors (primarily French and Dutch) threatened to halt
issuing new credit, as well as the suspension of trade.

Others, including farmers, incurred large private debts due to the
poor economy during the war. Those owed this money wanted to
gain certainty of payment and payment terms.

In several states, debtor farmers took over the legislature and
legislated “easy money” policies. Some states were printing their
own paper money, sometimes without adequate backing for the
currency. This made it easy for farmers to pay off their debts, but at
the expense to creditors whose money was then worth nothing.

Internal civil unrest. Unlike farmers in some states, those in
Massachussetts were initially unable to take control of the legislature.
The Massachussetts legislature passed laws favorable to creditors
who began foreclosing on farmers. This led to armed revolt by
farmers against creditors. Shays rebellion. There were fears among
the propertied class of rebellion against creditors in all states.

Trade wars erupted among the states as they levied tariffs against
one another.

External threats. The British were stirring up trouble along American
frontiers. They had not abandoned their fortifications as promised in
the peace treaty. They were inciting their allies, the Indians to attack
western settlers. There was fear of another war, but little ability to
defend the borders.
The Thrust for Change

Because of these inherent weaknesses, the national government
under the Articles of Confederation commanded little respect
domestically or abroad.

No popular decision was made to call a constitutional
convention!

Rather, the convention was the work of those who would benefit
from moving power away from state governments, namely the
propertied class and creditors suffering under the too-democratic
state legislatures. Delegates to the convention were selected by state
legislatures and governors. These had various property requirements
for serving (except Pennsylvania).

The delegates to the constitutional convention wanted a more
centralized federal system that served their economic interests.

Of course, there was also popular suspicion of a strong central
government, as had existed under the British. Their experience with
a king made some delegates more cautious about the degree of
centralization and executive power.

After surveying the documentary evidence of the time, former
president of the American Political Science Association Charles Beard
(An Economic Interpretation of the Constitution of the United States,
1913), reached the following conclusions about why the
Constitutional Convention was called. He said:

“Large and important groups of economic interests were adversely
affected by the system of government under the Articles of
Confederation, namely those of public securities [holders of public
debt], shipping and manufacturing, money at interest [creditors]; in
short, capital as opposed to land.…The representatives of these
important interests attempted through the regular legal channels to
secure amendments to the Articles of Confederation which could
safeguard their rights in the future, particularly those of public
creditors. … Having failed to realize their great purposes through the
regular means, the leaders in the movement set to work to secure by
a circuitous route the assemblying of a Convention to “revise” the
Articles of Confederation with the hope of obtaining, outside of the
existing legal framework, the adoption of a revolutionary
programme.”

Of the fifty-five delegates participating, nearly two-thirds were
descended from old colonial families. Most were of British descent
with demographics similar to the British ducal class. They were well
educated, and economically and politically advantaged.

Sixty-two percent were merchant-bankers and/or lawyers (mostly
from New England and Middle Atlantic states), while another twelve
percent were planter-farmers (mostly from Middle Atlantic and
Southern states). Those from New England largely reflected the
merchant-banker class, and those from the South reflected the
plantation slave owner class.

According to Beard, 1913, 149-150, the overwhelming majority of
delegates were “immediately, directly, or personally” economic
beneficiaries of their labors at the convention. Forty of the fifty-five
delegates later appeared in the Records of the Treasury Department
as holders of public debt; fourteen members were land speculators;
twenty-four were creditors; eleven members were involved in
mercantile, manufacturing, or shipping; fifteen members held slaves.

Not a single delegate at the convention represented the small
farming or mechanic classes!

Deep suspicion of democracy, due to the experiences of property
owners in states under the Articles. State governments diluted debts
and devalued their property through state promoted inflation.
Protection of private property was paramount to the delegates.

The resulting government was designed for inaction (Separation of
Powers; Checks and Balances), rather than action, making it difficult
for the masses to take what was held by the propertied class through
taxation or issuing worthless paper money.

Only one institution represented the people, the House. No popular
representation by the Senate until the 17th Amendment, 1913.

Only the national government could coin money; states were
prohibited from making anything other than gold or silver legal
tender for payment of debts. The Federal government was
empowered to pay its debts.

Direct taxation of individuals (i.e., income, wealth) was prohibited
until the 16th Amendment, 1913. Founders wanted to tax consumers.
The Constitutional Convention

The deliberations of the convention were kept secret. Nevertheless,
we do have a historical record. Much of what we know about the
deliberations of the founders comes from James Madison’s day-byday notes taken during the Constitutional Convention.

A nice resource on the Constitutional Convention can be found at the
following link. http://teachingamericanhistory.org/convention/ Here
you will find Madison’s Notes, as well as a plethora of other
materials, including correspondence between participants, summaries
of activities, etc.

Note that 73 delegates were appointed by state legislatures to the
Convention. However, only 55 attended. Of that 55, the final
document was signed by only 39 of the participants. Those
appointed, but not attending “smelled a rat.” Those attending, but
not signing disagreed with the final product and went home to lobby
against it.
Most of the Delegates HATED the Idea of Democracy!

At the constitutional convention there was a notable absence of
leading figures that would surely have favored greater popular
democracy. In particular, Thomas Jefferson, Thomas Paine, Samuel
Adams, and Patrick Henry were missing. Jefferson was serving as
ambassador to France; Paine had returned to Europe after the
Revolution; and Samuel Adams and Patrick Henry declined invitations
believing the purpose of the convention was to trample Americans’
rights.

However, there were a few dissenting voices in the constitutional
debates. Benjamin Franklin said, (Madison’s notes August 7); “It is
of great consequence that we should not depress the virtue and
public spirit of our common people; of which they displayed a great
deal during the war, and which contributed principally to the
favorable issue of it.” Franklin did not think the delegates had a right
“to narrow the privileges” of the electorate.

George Mason also spoke in favor of the lower classes, saying “We
ought to attend to the rights of every class of the people.” He
recognized that the largest chamber of the legislature should come
from the people, but also sought to limit its authority (May 31).

However, by far the largest representation at the convention was
those identifying themselves as Federalists who intensely disliked the
idea of popular democracy.

Edmund Randolph, May 31; The nation’s worst problems were
caused by “the turbulence and follies of democracy.”

Roger Sherman, May 31; “The people should have as little to do
as may be about the Government.”

Eldbridge Gerry, September 17; Elbridge Gerry commented that
democracy is “the worst of all political evils.”

John Dickinson, August 7; John Dickinson, one of the wealthiest
men in the nation, considered freeholders (i.e., property owners) “as
the best guardians of liberty; and the restriction of the right [of office
holding and voting] to them as a necessary defence against the
dangerous influence of those multitudes without property and
without principle with which our Country like all others, will in time
abound.”

Governeur Morris, August 7; Governeur Morris expressed great
disdain for the laboring class, commenting that a national freehold
requirement is required to prevent their corruption. “Give the votes
to people who have no property and they will sell them to the rich. …
The time is not distant when the country will abound with mechanics
and [fabricators], who will receive their bread from their employers.
Will such men be secure and faithful guardians of liberty?”

Alexander Hamilton, June 19; “I believe the British government
forms the best model the world ever produced … This government
has for its object public strength and individual security. … All
communities divide themselves into the few and the many. The first
are the rich and well born, the other the mass of the people. … The
people are turbulent and changing; they seldom judge or determine
right. Give therefore to the first class a distinct, permanent share in
the government. They will check the unsteadiness of the second, and
as they cannot receive any advantage by a change, they therefore
will ever maintain good government.”

Discussing the mode of selection of the president (July 25), Eldbridge
Gerry objected to direct election of the president by the people. He
said “A popular election in this case is radically vicious. The ignorance
of the people would put it in the power of some one set of men
dispersed through the Union & acting in Concert to delude them into
any appointment. He observed that such a Society of men existed in
the Order of the Cincinnati. They are respectable, United, and
influencial. They will in fact elect the chief Magistrate in every
instance, if the election be referred to the people. His respect for the
characters composing this Society could not blind him to the danger
& impropriety of throwing such a power into their hands.” Colonel
Mason concurred in his arguments the next day.

Note that the Order of the Cincinnati was a group of former officers
of the American revolutionary army that was dispersed throughout
the states. The order still exists today.

James Madison, August 7; argued “the freeholders of the country
would be the safest repositories of republican liberty.”

Later in Federalist 10, Madison wrote “Democracy is the most vile
form of government ... democracies have ever been spectacles of
turbulence and contention; have ever been found incompatible with
personal security or the rights of property; and have in general been
as short in their lives as they have been violent in their deaths.”
The Virginia Plan

The Virginia Plan (May 29, 1787) formed the basis for initial
discussions of how the new government should be designed
at the Constitutional Convention. It is worthwhile to look at its
features, and to think about how the initial and current forms
of American government differ from what the initial proposals
were.
The New Jersey Plan

The New Jersey Plan (June 15, 1787) proposed a radically different
form of government from the Virginia Plan. The New Jersey plan
basically provided for a weak federal government and a weak
executive. It was an effort to keep primacy with the states.

Under the New Jersey Plan there would be a unicameral legislature,
with equal representation across states (regardless of population).

The president was to be elected by the legislature to a single term of
undetermined length, and could at any time be removed by a
majority vote, upon recommendation of the governors of the states.
The president could consist of a single person or be plural. This was
left undecided.
Hamilton’s Plan

Yet another proposal was Hamilton’s Plan, made by Alexander
Hamilton on June 18, 1787.

Hamilton’s plan called for a strong executive, elected by
electors, with an absolute veto, discretion on whether to
execute the law, with all of the powers vested under the
current constitution.
Connecticut Compromise

Unable to agree on either the Virginia Plan (providing popular
representation in both chambers) or the New Jersey Plan (providing
equal representation across states in a single chamber), the
delegates assigned a committee under the leadership of Eldbridge
Gerry to find a resolution.

Gerry’s committee came up with a compromise, called the
Connecticut Compromise, which gave the lower house popular
representation, with the upper house representing the states equally.

The Connecticut Compromise, reported June 29, resolved issues of
legislative representation, firmly establishing the principle that states
should be represented apart from the people. While not pertaining to
the presidency directly, the creation of a Senate, independent of
popular representation, with power to approve nominations, treaties,
etc. had implications for presidential representation.
Ratification

There was NO public referendum on the final document!
Ratification conventions were held in each state, with delegates
elected by those holding the franchise (i.e., propertied class).

Beard estimates that about 3/4 of the adult white male population
did not participate in selecting delegates to ratification conventions.
He also estimates that no more than about 1/6 of the adult white
male population actually participated in ratification.

Beard also notes that leaders at the ratification conventions generally
represented the same economic groups as the members of the
Philadelphia Convention. And in a large number of instances they
were also directly and personally interested in the outcome of their
efforts.

Thus, the Constitution was not created by “We the people.”

A very public ratification debate occured over about two years. The
last state ratified the Constitution in May of 1790, Rhode Island. This
was about a year after the first presidential election.

Newspapers, pamphlets, public discussions, public debates. See
http://teachingamericanhistory.org/ratification/timeline/ for many
primary documents from this era.

As expressed by Beard (1913, 292), “No one can pore for weeks over
the letters, newspapers, and pamphlets of the years 1787-1789
without coming to the conclusion that there was deep-seated conflict
between a popular party based on paper money and agrarian
interests, and a conservative party centred in the towns and resting
on financial, mercantile, and personal property interests, generally.”
Thus, although there were no formal political parties at this time,
partisan polarization had emerged in the early American republic.
Day-By-Day Discussion of Presidency at the
Constitutional Convention: Madison’s Notes 1787

Executive Features Were Discussed on the Following Dates.
You are encouraged to read Madison’s Notes for these dates.

June 1; June 2; June 4; June 8; July 16; July 17; July 18; July
19; July 21; July 26; August 9; August 15; August 24; August
25; August 27; September 4; September 5; September 6;
September 7; September 8; September 12; September 15

Reading the notes shows that there were two factions at the
convention, those favoring a strong executive versus a weak
executive. Following is a table that summarizes the decisions
that were made, and where each faction stood.
Models and Decisions about the Chief Executive at
the Constitutional Convention of 1787
Features of the Weak
Executive
Executive
Strong
Executive
Decision by
Convention
Relation to
Congress
Simply execute
the will of
Congress
Powers
independent of
Congress
Powers
independent of
Congress with
checks and
balances
Number of
Executive
Plural or single
individual
checked by a
council
Single individual
with no council
or only an
advisory one
Single individual
with Senate
advisory on
some matters
Method of
Choosing
By Congress
By means other
than popular
selection
Electoral College
Tenure
Limited term,
not renewable
No limitation
Unlimited
Method of
Removal
By Congress
during term of
office for any
reason
Only for definite,
enumerated
reasons after
impeachment
and conviction
by judicial body
or Congress
For treason,
bribery, high
crimes, and
misdemeanor, by
impeachment by
a majority of the
House of
Representatives
and conviction
by 2/3 of the
Senate
Scope and
Source of
Powers
Limited
Broad
Broad powers delegated by
powers
powers from the Constitution
delegated by the
Congress
Constitution,
not subject
to
congressional
interference
Appointment, None, a
Foreign
province of
Policy, and
Congress
War Powers
Appoint
diplomatic
and judicial
officials and
participate in
foreign policy
and warmaking
powers.
Appoints executive and
judicial officials with
consent of Senate; shares
foreign policy and
warmaking power with
Congress. Senate ratifies
treaties negotiated by the
president.
Veto
None
Veto over
Qualified veto, may be
legislation
overriden by 2/3 vote of
passed by
the House and Senate.
Congress,
exercised
alone or with
the judiciary
General Outline: Constitutional Duties and Powers
of the President (Formal Powers)

Chief Executive-Enforces and administers the enforcement of
federal laws, treaties, and federal court rulings. Nominations.
Request opinion in writing. Recess appointments

Commander in Chief-appoints the nation’s highest military
officers and is at the top of the chain of command for the
military.

Chief foreign policy administrator and diplomat. Appoints
ambassadors, negotates treaties, receives foreign diplomats.

Legislative participant-Delivers state of the union address to
Congess, recommend measures, call special sessions, adjourn
when there is disagreement, can veto bills passed by Congress.
Constitutional Sources of Presidential Power

Article II, Section 1, “The executive power shall be
vested in a President of the United States of America.”

Article II, Section 2, “The President shall be Commander
in Chief of the Army and Navy of the United States, and
of the Militia of the several States, when called into the
actual Service of the United States; he may require the
Opinion, in writing, of the principal Officer in each of the
executive Departments, upon any Subject relating to the
Duties of their respective offices, and he shall have
Power to grant Reprieves and Pardons for Offenses
against the United States, except in Cases of
Impeachment.”
(On pardons see
http://en.wikipedia.org/wiki/List_of_people_pardoned_b
y_a_United_States_president )

Article II, Section 2, “He shall have Power, by and with the Advice
and Consent of the Senate, to make Treaties, provided two thirds
of the Senators present concur; and he shall nominate, and by
and with the Advice and Consent of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls, Judges of the
supreme Court, and all other Officers of the United States, whose
Appointments are not herein otherwise provided for, and which
shall be established by Law: but the Congress may by Law vest
the Appointment of such Inferior Officers, as they think proper, in
the President alone, in the Courts of Law, or in the Heads of
Departments.”
see http://en.wikipedia.org/wiki/List_of_United_States_treaties ;
On nominations see http://thomas.loc.gov/home/PN/pnhelp.htm

Article II, Section 2, “The President shall have the Power to fill up
all Vacancies that may happen during the Recess of the Senate,
by granting Commissions which shall expire at the End of their
next Session.” see
http://en.wikipedia.org/wiki/Recess_appointment and
http://www.senate.gov/CRSReports/crspublish.cfm?pid='0DP%2BP%5CW%3B%20P%20%20%0A

Article II, Section 3, “He shall from time to time give to the Congress
Information of the State of the Union, and recommend to their
Consideration such Measures as he shall judge necessary and
expedient; he may, on extraordinary Occasions, convene both
Houses, or either or them, and in the Case of Disagreement between
them, with respect to the Time of Adjournment, he may adjourn
them to such time as he shall think proper; he shall receive
Ambassadors and other public Ministers; he shall take Care that the
Laws be faithfully executed, and shall Commission all the Officers of
the United States.”
(on the State of the Union see
http://en.wikipedia.org/wiki/State_of_the_Union_address ; an
interesting link: http://www.washingtonpost.com/blogs/postpolitics/wp/2014/01/28/when-the-state-of-the-union-wascontroversial/?hpid=z2
on convening Congress see
http://38.105.88.193/questions/weekly67.asp )

Article II, Section 3, “The President, Vice President and all civil
Officers of the United States, shall be removed from Office on
Impeachment for, and Conviction of, Treason, Bribery, or other High
Crimes and Misdemeanors.” On impeachment see
http://en.wikipedia.org/wiki/Impeachment_in_the_United_States

Article I, Section 7, “Every Bill which shall have passed the
House of Representatives and the Senate, shall, before it
becomes a Law, be presented to the President of the United
States; if he approve he shall sign it, but if not he shall return it,
with his Objections to that House in which it shall have
originated, who shall enter the Objections at large on their
Journal, and proceed to reconsider it. If after such
Reconsideration two thirds of that House shall agree to pass
the Bill, it shall be sent, together with the Objections, to the
other House, by which it shall likewise be reconsidered, and if
approved by two thirds of that House, it shall become Law. But
in all such Cases the Votes of both Houses shall be determined
by yeas and Nays, and the Names of the Persons voting for and
against the Bill shall be entered on the Journal of each House
respectively. If any Bill shall not be returned by the President
within ten Days (Sundays excepted) after it shall have been
presented to him, the Same shall be a Law, in like Manner as if
he had signed it, unless the Congress by their Adjournment
prevent its Return, in which Case it shall not be a Law.
Choosing the President

Article 1, Section 2, “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 the Congress: but no Senator or
Representative, or Person holding an Office of Trust or Profit
under the United States, shall be appointed an Elector. … 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 chuse the
President.

Why an electoral college and not a popular vote? A popular vote was
considered. However, as noted earlier, the framers were very
skeptical of democracy and of the trustworthiness of the people in
choosing a president. The people were likely to choose someone who
was threatening to the propertied class or could be duped.

There was also the issue of the slave holding states. Slaves were a
considerable part of the population in Southern states. However,
slaves could not vote, rendering the choice by popular election likely
to be dominated by the North. The electoral college obviated this
problem, since they had already agreed to count slaves as 3/5 of a
person for census purposes. See Madison’s discussion on July 19.

Article 2, Section 1, Qualifications: “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; neither
shall any Person be eligible to that Office who shall not have attained
to the Age of thirty five Years, and been fourteen Years a Resident
within the United States.”

It was understood at the constitutional convention and across the
nation that George Washington would be the first president. He
did not seek the office, but reluctantly agreed to serve. His
personal prestige was great and he evoked much trust from his
fellow citizens. Otherwise, the powers allocated to the first
president would have been more limited.

There were no political parties at the time of the constitutional
convention and for several years thereafter. It was merely
expected that men of good faith and qualifications would be put
forward to fill the role of chief executive. The person with the
most electoral votes would be president and the person with the
second most electoral votes would be vice president.

While there were no political parties, there was the origin of
faction at the time of the constitutional convention and
ratification. One faction (the Federalists) favored a strong federal
government. This faction basically reflected the business and
commercial interests of the northern states. Another faction
(which later was called the Democratic-Republican party) favored
a more restricted role for the federal government. This faction
basically reflected the interests of southern states who wanted to
maintain slavery and states rights.

Ratification of the new constitution was not assured until
amendments were drafted that limited the powers of the central
government. The first ten amendments, called the Bill of Rights,
limited Congress and the presidency relative to states and
citizens. For the president see especially, Amendments 3
(quartering of soldiers), 4 (search and seizure), and 5 (military
law; due process; compensation for property seizure). See
http://avalon.law.yale.edu/18th_century/rights1.asp .

Various later constitutional amendments also constrained
presidential power. These include the 14th amendment, as well as
term limits imposed by the 22nd amendment.
See http://avalon.law.yale.edu/18th_century/amend1.asp .

The dates for the president’s term in office has changed through
time. Originally March 4; changed to January 20 starting with
Roosevelt’s second term. This is now established formally by the
20th Amendment. See
http://avalon.law.yale.edu/18th_century/amend1.asp

Presidential power has expanded consistently over time, perhaps
enabled by the generality of the executive article.

Method of selecting the president and replacing a president who can
no longer serve has also changed through time.

As noted earlier, Article II, Section 1 says “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” The constitution then
goes on to state the method by which the electors would select the
president. Originally, Article II, Section 1, clause 3 stated that the
Electors voted for two Persons for President, rather than one vote for
president and another vote for vice-president.

This procedure resulted in problems. In 1796 John Adams (a
Federalist) was selected as president and Thomas Jefferson (a
Democratic- Republican) was selected as vice president. Then in
1800 the vote for president and vice president was tied, with
Jefferson and Aaron Burr both being Democratic Republicans. The
party’s intent was that Jefferson be president and Burr be vicepresident. However, Burr tried to convince the House of
Representatives to make him president. There was a scandal
surrounding the final selection of Jefferson as president and Burr as
vice-president.

This problem was resolved by the ratification of the Twelfth
Amendment in 1804 which separated the two votes. From that
point to present each elector has cast one vote for president
and another for vice president. Since this time, all presidential
elections have been partisan in nature.

This was NOT what the Founders intended, but came
about through the development of political parties starting in
the second Washington administration.

Since 1804 we have had a “winner-take-all” electoral college
system, which implies that many are not represented and their
votes are wasted in presidential elections.

In 1824, 1876, 1888, and 2000 the electoral college system
resulted in the election of a president who did not even receive
a plurality of the popular vote. In other words, the popular will
has been perverted by the electoral college system in about
1/10 of all presidencies (4/44)

The method of presidential succession has also changed through
time.

About 1 in 5 American presidents left office due to death from one
cause or another (8/44).

Four U.S. presidents were assassinated while in office: Lincoln (1865,
by a Confederate sympathizer), Garfield (1881, by a disgruntled
office seeker), McKinley (1901, by an anarchist ), and Kennedy
(1963, by Lee Harvey Oswald because???).

However, there have been many, many other attempts to assassinate
presidents, including documented attempts on Andrew Jackson,
Teddy Roosevelt, Franklin Roosevelt, Harry Truman, Richard Nixon
twice, Gerald Ford, Jimmy Carter, Ronald Reagan, George H.W. Bush,
Bill Clinton, George W. Bush, and Barack Obama.
http://en.wikipedia.org/wiki/List_of_United_States_Presidential_assas
sination_attempts for discussion.

Four presidents died of natural causes while in office. These
were William Henry Harrison (1841, served only 31 days),
Zachary Taylor (1850), Warren G. Harding (1923), and Franklin
Roosevelt (1945).

However, rumors persist that Taylor and Harding may actually
have been victims of foul play, though the rumors are not
confirmed by the evidence. Taylor a suspected poisoning by
pro-slavery Southerners. Harding a suspected poisoning by his
wife. She refused an autopsy and destroyed all of his papers
after his death.

Prior to the 25th Amendment (1967), there were many times
when there was no vice president, including after a presidential
assassination, or after a vice president died or resigned. See
http://www.presidentsusa.net/novicepresident.html for a list.

The order of succession is mentioned in three places in the
Constitution. Article 1, Section 1, clause 6, the 20th
Amendment, and the 25th Amendment. The 25th Amendment
prescribes the current order of presidential succession in case
of presidential or vice presidential disability. Vice president
succeeds the president. The vice presidential slot is filled by
nomination and senate ratification. Ford was the first to
become vice president under this procedure. He later became
president. The only time this Amendment has been needed is
with Nixon.

Under Article 2, section 1, clause 6, the Presidential Succession
Act of 1947 gives the order of succession if there are multiple
disabilities. President, vice president, Speaker of the House,
President Pro Tempore of Senate, Secretary of State, Secretary
of Treasury, Secretary of Defense, then through the entire
cabinet. Earlier, the Presidential Succession Acts of 1792 and
1886 were also in effect until superceded.
https://en.wikipedia.org/wiki/Presidential_Succession_Act