The Founders did not intend that women, black people, and native Americans vote.
Most of the founders intended that only in some states white men with significant money could vote for president.
Prior to arriving at the eventual wording of section 1 of Article II, the Constitutional Convention specifically voted against a number of different methods for selecting the President, including
● having state legislatures choose the President,
● having governors choose the President, and
● a national popular vote.
After these (and other) methods were debated and rejected, the Constitutional Convention decided to leave the entire matter to the states.
The Constitutional Convention rejected states awarding electors by state legislatures or governors (as the majority did for decades), or by Districts (as Maine and Nebraska now do), or by letting the people vote for electors (as 48 states now do).
Anyone who supports the current presidential election system, believing it is what the Founders intended and that it is in the Constitution, is mistaken. The current presidential election system does not function, at all, the way that the Founders thought that it would.
Supporters of National Popular Vote find it hard to believe the Founding Fathers would endorse the current electoral system where 38+ states and voters now are completely politically irrelevant.
10 of the original 13 states are politically irrelevant now.
Policies important to the citizens of the 38 non-battleground states are not as highly prioritized as policies important to ‘battleground’ states when it comes to governing.
“Battleground” states receive 7% more presidentially controlled grants than “spectator” states, twice as many presidential disaster declarations, more Superfund enforcement exemptions, and more No Child Left Behind law exemptions.
Today, any state legislature simply could enact a law to just appoint their electors directly, ending their citizens voting in presidential elections
The Founders created the Electoral College, but 48 states eventually enacted state winner-take-all laws.
Unable to agree on any particular method for selecting presidential electors, the Founding Fathers left the choice of method exclusively to the states in Article II, Section 1
“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors….”
The U.S. Supreme Court has repeatedly characterized the authority of the state legislatures over the manner of awarding their electoral votes as "plenary" and "exclusive."
Neither of the two most important features of the current system of electing the President (namely, universal suffrage, and the 48 state-by-state winner-take-all method) are in the U.S. Constitution. Neither was the choice of the Founders when they went back to their states to organize the nation's first presidential election.
In 1789, in the nation's first election, a majority of the states appointed their presidential electors by appointment by the legislature or by the governor and his cabinet, the people had no vote for President in most states, and in states where there was a popular vote, only men who owned a substantial amount of property could vote, and only three states used the state-by-state winner-take-all method to award electoral votes.
The current winner-take-all method of awarding electoral votes is not in the U.S. Constitution. It was not debated at the Constitutional Convention. It is not mentioned in the Federalist Papers. It was not the Founders’ choice. It was used by only three states in 1789, and all three of them repealed it by 1800. It is not entitled to any special deference based on history or the historical meaning of the words in the U.S. Constitution. The actions taken by the Founding Fathers make it clear that they never gave their imprimatur to the winner-take-all method. The winner-take-all method of awarding electoral votes became dominant only in the 1880s after the states adopted it, one-by-one, in order to maximize the power of the party in power in each state. The Founders had been dead for decades
The constitutional wording does not encourage, discourage, require, or prohibit the use of any particular method for awarding a state's electoral votes.
States have the responsibility and constitutional power to make all of their voters relevant in every presidential election and beyond. Now, 38 states, of all sizes, and their voters, because they vote predictably, are politically irrelevant in presidential elections.
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