Article II, Section 1, Clause 3
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. 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. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
The National Archives marks part of this text as changed by Amendment XII.
The Federalist and Federalist essays
- cited bySuggestedAristides, ¶ 34
He is elected by perſons choſen by the people; and thoſe electors give their ſuffrages on the ſame day, in thirteen different aſſemblies, in thirteen different ſtates.
The paragraph says the electors vote in different assemblies in thirteen different states, which describes the meeting of the electors in their respective states under Article II, Section 1, Clause 3.
- quoted bySuggestedA Native of Virginia, Article II, ¶ 3
The Electors ſhall meet in their reſpective States, and vote, by ballot, for two perſons, of whom one at leaſt ſhall not be an inhabitant of the ſame State with themſelves. And they ſhall make a liſt of all the perſons voted for, and of the number of votes for each; which liſt they ſhall ſign and certify, and tranſmit, ſealed to the ſeat of the government of the United States, directed to th• Preſident of the Senate.
The paragraph prints Article II, Section 1, Clause 3 of the Constitution as signed; the quoted words are the same as the clause's (apart from capitals and the long s), though the pamphlet's punctuation differs in places.
- cited bySuggestedFederalist No. 39, ¶ 12
The eventual election, again, is to be made by that branch of the legislature which consists of the national representatives; but in this particular act they are to be thrown into the form of individual delegations, from so many distinct and coequal bodies politic.
Names the "eventual election" of the President by the House of Representatives voting as "individual delegations," the procedure set out in this clause.
- cited bySuggestedFederalist No. 66, ¶ 7
The same house will be the umpire in all elections of the President, which do not unite the suffrages of a majority of the whole number of electors; a case which it cannot be doubted will sometimes, if not frequently, happen.
Names the House's part in elections of the President that lack "a majority of the whole number of electors," echoing this clause's "a Majority of the whole Number of Electors appointed."
- cited bySuggestedFederalist No. 68, ¶ 4
And as the electors, chosen in each State, are to assemble and vote in the State in which they are chosen, this detached and divided situation will expose them much less to heats and ferments, which might be communicated from them to the people, than if they were all to…
Says the electors "are to assemble and vote in the State in which they are chosen," echoing this clause's "The Electors shall meet in their respective States, and vote."
- cited bySuggestedFederalist No. 68, ¶ 7
…always happen to centre in one man, and as it might be unsafe to permit less than a majority to be conclusive, it is provided that, in such a contingency, the House of Representatives shall select out of the candidates who shall have the five highest number of votes, the man who in their opinion may be best qualified for the office.
Sets out the plan's counting of the electors' votes and the House's choice among those with "the five highest number of votes," echoing this clause's "from the five highest on the List."
- cited bySuggestedFederalist No. 68, ¶ 11
The Vice-President is to be chosen in the same manner with the President; with this difference, that the Senate is to do, in respect to the former, what is to be done by the House of Representatives, in respect to the latter.
Says the Vice-President is "to be chosen in the same manner with the President," with the Senate doing what the House does for the President; this clause sets out both choices.
Anti-Federalist essays
- cited bySuggestedCato 4, ¶ 9
…the president is chosen, he arrives to this office at the fourth or fifth hand, nor does the highest vote, in the way he is elected, determine the choice, for it is only necessary that he should be taken from the highest of five, who may have a plurality of votes.
The paragraph names the rule of the electoral clause by which the president may be chosen from "the highest of five".
- cited bySuggestedJames Monroe, ¶ 35
Thoſe having the five higheſt votes are to be ballotted for by the houſe of repreſentatives, the vote to be taken by ſtates, and one member from each 〈◊〉 the vote of the ſtate.
The paragraph describes the choice of the president from the five highest by the house of representatives, voting by states, which is in Article II, Section 1, Clause 3.
Other writings
- cited bySuggestedVirginia convention, June 18, 1788, ¶ 9
In this case, by the 3d clause of the 1st section of the 2d article, the election is to be by the representatives, according to states.
The speaker says "by the 3d clause of the 1st section of the 2d article, the election is to be by the representatives, according to states".
- quoted bySuggestedVirginia convention, June 18, 1788, ¶ 23
…honorable member, and insisted that nothing was necessary but a number of votes equal to a majority of the electors, which was forty-six; for the clause expressly said that “the person having the greatest number of votes shall be President, if such number be a majority of the whole number of electors appointed.” Each had two votes, because one vote was intended for the Vice-President.
Mr. Madison says "the clause expressly said that" and quotes "the person having the greatest number of votes shall be President, if such number be a majority of the whole number of electors appointed."
Debates in Congress
- cited bySuggestedHouse, May 1, 1802, ¶ 28
Under the Constitution electors are to vote for two persons, one of whom does not reside in the State of the electors; but it does not require a designation of the persons voted for.
The speaker names the provision under which "electors are to vote for two persons, one of whom does not reside in the State of the electors," which is Article II, Section 1, clause 3.
- cited bySuggestedHouse, December 6, 1803, ¶ 19
To this there are two exceptions, viz: in the case of treaties, and ibe election of a President, wherein a quorum is made to eoosiil of a member or members from .two-thirds of the States.
The speaker names the provision of the Constitution for the election of a President by the House, "wherein a quorum is made to consist of a member or members from two-thirds of the States," which is Article II, Section 1, clause 3.
- cited bySuggestedHouse, December 7, 1803, ¶ 19
In the Constitution, as it now stands, it is prescribed that the House Representatives shall elect a President, in case there be no choice by the Electors.
The speaker says that "in the Constitution, as it now stands, it is prescribed that the House of Representatives shall elect a President, in case there be no choice by the Electors," which is Article II, Section 1, clause 3.
- cited bySuggestedHouse, December 7, 1803, ¶ 63
As the Constitution now stands, it says, if no person have a majority, the House shall choose by States from the five highest.
The speaker says "as the Constitution now stands, it says, if no person have a majority, the House shall choose by States from the five highest," the rule of Article II, Section 1, clause 3.
- cited bySuggestedHouse, December 7, 1803, ¶ 87
That in lieu of the third paragraph of the first section of the ■econd article of the Constitution of the United States, the following be proposed as an amendment to the Constitution of the United States, which, when ratified by threo'tburths of the Legislatures of the several Stat««, ahall be valid,…
The first member of the resolution names "the third paragraph of the first section of the second article of the Constitution," which is Article II, Section 1, clause 3.
- cited bySuggestedHouse, December 7, 1803, ¶ 116
It may not be improper hereto remark that the Constitution, as it now stands, and the amendment which we offered to the Senate, are both open to the same criticism which has been reiterated so frequently against that under consideration : the words " five highest" being referable either to numbers, or to persons.
The speaker names the words "five highest" in "the Constitution, as it now stands," which are in Article II, Section 1, clause 3.
- quoted bySuggestedHouse, December 8, 1803, ¶ 12
The Constitution declares, "that in choosing the President, the votes shall be taken by States, each Stale having one vote." What greater powers, what more extensive privileges, can the small Slates desire 1 Do they expect the large States to surrender their independence, and…
The paragraph quotes what "the Constitution declares, 'that in choosing the President, the votes shall be taken by States, each State having one vote,'" the words of Article II, Section 1, clause 3 (shortened).
- cited bySuggestedHouse, December 8, 1803, ¶ 15
do not conceive that the amendment sent from House effects any alteration in the essential features of the Constitution ; for, when the Constilution provides that two persons shall be voted for, it follows that one must be voted for as Presi' deoi, and the other as Vice President, and the discriminating principle only tends to carry this view ■ lo…
The speaker says "the Constitution provides that two persons shall be voted for," which is Article II, Section 1, clause 3.
- cited bySuggestedHouse, December 8, 1803, ¶ 16
Has any serious inconvenience resulted from the practice under the existing rule in the Constitution, as to the number of persons from whom a choice shall be made?
The speaker names "the existing rule in the Constitution, as to the number of persons from whom a choice shall be made" (five), which is Article II, Section 1, clause 3.
- cited bySuggestedHouse, December 8, 1803, ¶ 36
Incase no choice b made by the Electors, tb« Constitution has confided that choice to the Representatives of the people, without even the concurrence of the Senate.
The speaker says that "in case no choice is made by the Electors, the Constitution has confided that choice to the Representatives of the people," which is Article II, Section 1, clause 3.
- cited bySuggestedHouse, December 8, 1803, ¶ 40
According toihepresentprovision of the Constitution, two persons are voted for bylfae Electors for President and Vice President, without designating which of them is voted for as President and which as Vice President Suppose the majority nominate two candidates, the one intended for President and the other…
The speaker says that "according to the present provision of the Constitution, two persons are voted for by the Electors," which is Article II, Section 1, clause 3.
- cited bySuggestedHouse, December 8, 1803, ¶ 41
But it is insisted the proposed amendment ia calculated to infringe the rights of the small States, that they have certain advantages secured to them by the present provision of the Constitution, directing the Electors of President and Vice President lo vote for two persons without designation; and in requiring the votes in the House of Representatives, for President, to be given by States, in case the event .should bring the election into that House, and…
The speaker names "the present provision of the Constitution, directing the Electors ... to vote for two persons," with the vote by States and the choice from the five highest, which is Article II, Section 1, clause 3.
- cited bySuggestedHouse, December 8, 1803, ¶ 42
lam therefore decidedly of opinion, that the relative interests of the large and small States had no influence whatever in fixing the number five in the Constitution.
The speaker names "the number five in the Constitution," the five highest of Article II, Section 1, clause 3.
- cited bySuggestedHouse, December 8, 1803, ¶ 61
In the Constitution, whentheelection devolves upon the House of Representatives, ihe President and Vice President are to b« taken from the five highest numbers on the list.
The speaker says that in the Constitution, when the election devolves on the House, the choice is from "the five highest numbers on the list," Article II, Section 1, clause 3.
- quoted bySuggestedHouse, December 8, 1803, ¶ 65
…than one" (person) 'who have a majority, and have an equal number 'of voles, then the House of Representatives shall 'immediately choose, 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 choose the President.
The paragraph quotes the article's further provision: "if no person have a majority, then from the five highest on the list, the said House shall in like manner choose the President," from Article II, Section 1, clause 3.
- cited bySuggestedHouse, December 8, 1803, ¶ 93
As the election is now regulated, each Elector must give his vote for two candidates for the office of President, one of whom must be the citizen of a State to which the Elector does not belong.
The speaker says that "as the election is now regulated" each Elector votes for two candidates, one of whom must be of another State, which is Article II, Section 1, clause 3.
- cited bySuggestedHouse, December 8, 1803, ¶ 120
In the choice of Electors of President the small States have this additional extraordinary privilege of choosing one Elector for each Senator, and if the election of President comes into the House of Representatives each State has equal power.
Examining the Constitution, the speaker says that "if the election of President comes into the House of Representatives each State has equal power," which is Article II, Section 1, clause 3.
- cited bySuggestedHouse, December 8, 1803, ¶ 127
I think, sir, it will produce a contrary effect; they will, I fear, consider themselves exonerated from the imperative language of the present Constitution, that says : "They shall immediately choose a President." Sir,Bfier viewingthewholegroood, and notwithstanding the imperfections of the re»- olutiOD in its present form, as it contains the di»- criminating principle, which alone was all I wished to obtain, I…
The speaker gives, in quotation marks, "the imperative language of the present Constitution" that the House "shall immediately choose a President," close to the words of Article II, Section 1, clause 3.
- cited bySuggestedHouse, December 8, 1803, ¶ 133
The Constitution enjoins it upon this House to make an election, but it cannot enjoin upon any man an abandonment of his judgment and his principles.
The speaker says "the Constitution enjoins it upon this House to make an election" of a President, which is Article II, Section 1, clause 3.
- cited bySuggestedHouse, December 8, 1803, ¶ 141
…hope the gentleman from North Carolina will take this as an answer to his observations has been contended by that gentleman, as well as others, and with some ingenuity, that the President and Vice President are to be chosen from the five highest candidates, by the Constitution; and as, by the resolution, the President is to be chosen from the three highest, and the Vice President from the two highest, that the three and the two…
The speaker says that "the President and Vice President are to be chosen from the five highest candidates, by the Constitution," the words of Article II, Section 1, clause 3.
- cited bySuggestedHouse, December 8, 1803, ¶ 143
It is predicated on a presumption that the House of Representatives may refuse lo carry into effect Ibe public will — that they will refuse lo obey the imperative language of the Constitution, which ordains that, in case there be no choice by the Electors, (A«y «ftaU immediately proceed to a choice; because it assails a first and fundamental principle — it presume* 00 a privation or absence of political morality, OQ which all…
The speaker names "the imperative language of the Constitution, which ordains that, in case there be no choice by the Electors," the House shall immediately proceed to a choice, which is Article II, Section 1, clause 3.
- cited bySuggestedHouse, October 19, 1803, ¶ 3
The Constitution, as it now stands, provides that the Electors shall assemble and vote for two persons, that the votes thus given shall be sealed up and sent to the President of the Senate, and by ^tm shall be opened in presence of both Houses of…
The speaker sets out what "the Constitution, as it now stands, provides" for the Electors' votes and the choice by the House from the five highest; this is Article II, Section 1, clause 3.
- cited bySuggestedHouse, October 19, 1803, ¶ 9
Clopton.) In framing the resolution he had submitted, he bad pursued the language of the Constitution, by inserting the word "■ five." The object of the gentleman might be obtained by striking out the word " five." To give time, however, for the House to reflect on the subject, and to…
The speaker says he "pursued the language of the Constitution, by inserting the word five," the number in Article II, Section 1, clause 3.
- cited bySuggestedHouse, October 24, 1803, ¶ 8
It is well known to every member, that under the Const iiuiiou as it at present stands, the votes given for a President in this House are by States, and not according to the majority of (be members of the whole body.
The speaker says that under the Constitution the votes given for a President in the House "are by States," which is Article II, Section 1, clause 3.
- quoted bySuggestedHouse, October 24, 1803, ¶ 9
…the votes should be by Stales; and if it would induce the gentleman to vote for the resolution ha had moved, he would add the words of the Constitution, ■• But in choosing the President the votes shall be taken by States, the representation from each BtaU having one vote ; a quorum for this purpose shall consist of ' ' if a member or members from two-thirds of the la.
The paragraph adds to the motion "the words of the Constitution," which it quotes: "But in choosing the President the votes shall be taken by States, the representation from each State having one vote," from Article II, Section 1, clause 3.
- cited bySuggestedHouse, October 24, 1803, ¶ 25
His idea, therewas 10 leave the Constitution as it now stood, so far as il related to a choice being made from the five highest, and only so far to change il as related to a designation of the office.
The speaker names the part of the Constitution relating "to a choice being made from the five highest," which is Article II, Section 1, clause 3.
- cited bySuggestedHouse, October 24, 1803, ¶ 30
was in favor of preserving that part of the Constitution which directed the election to be made by States, wishing as little innovation as possible on the principles of the Constitution.
The speaker names "that part of the Constitution which directed the election to be made by States," which is Article II, Section 1, clause 3.
- cited bySuggestedHouse, October 28, 1803, ¶ 8
But in case of a failure of choice ID the first mode, iheo the second, of choosing by States, is to be pursued, whereby the former Slates hare an equal vote vriib the larger States.
Describing the article of the Constitution "pointing out the mode of electing the Chief Magistrate," the speaker names the choice "by States" on a failure of choice by the Electors, which is Article II, Section 1, clause 3.
- cited bySuggestedHouse, October 28, 1803, ¶ 9
By the Constitution, as it now stands, there are two chances for a choice of President on this floor : 1st, when there are more persons than one who have a Constitutional majority of votes and are equal in number; 3d, when there is no person who has a…
The speaker sets out the two cases in which, "by the Constitution, as it now stands," the House chooses the President, which are those of Article II, Section 1, clause 3.
- cited bySuggestedHouse, October 28, 1803, ¶ 25
…to believe, by those few of ibe origmal Trainers of the Constitution with whom I have had the hap ptness to be acquainted, or to converse on the subject, that this very provision which obliges tbi for two persons 10 fill the offices of President and Vice President, and which it is now proposed to do away, was regarded as the best, the most effectual means, and that which did in fact tend most to sooth and…
The speaker names "this very provision which obliges [the Electors to vote] for two persons to fill the offices of President and Vice President," which is Article II, Section 1, clause 3; the line is garbled by OCR.
- cited bySuggestedHouse, October 28, 1803, ¶ 26
By that article of the Constitution, to which 1 have so often had occasion to allude, and in which it is now the object to make so material an alteration, it is provided "that two persons shall be indiscriminately voted for as President and Vice President, by the Electors in the respective States, one Ofwhoraat least shall not be of tbesame State with themselves," In carrying this provision into op- •rstioo, the larger States must necessarily do one of three things.
The speaker names "that article of the Constitution" and gives, in quotation marks but in his own words, its provision that two persons be voted for by the Electors, one at least not of their own State; this is Article II, Section 1, clause 3.
- cited bySuggestedHouse, October 28, 1803, ¶ 40
If it be decided by the House of Beprelentatives, the Constitution has put the States upon the ground of perfect equality.
The speaker says that when the election is decided by the House "the Constitution has put the States upon the ground of perfect equality," which is Article II, Section 1, clause 3.
- cited bySuggestedHouse, July 12, 1909, ¶ 404
Under the Constitution as it then existed, the candidate who received the highest number of votes was to be Pre i dent and the one receiving the next highest was to be VicePresident.
The speaker describes the rule of the Constitution before the Twelfth Amendment, that the candidate with the highest number of votes was to be President and the next highest Vice-President, which is Article II, Section 1, Clause 3.
- cited bySuggestedHouse, June 21, 1911, ¶ 308
Later on the people found that the method employed for the election of the President and Vice President, as provided in the third paragraph of the first section of Article II, was cumbersome and defective, and in the twelfth amendment they simply amended a part of the machinery of the Government at the · demand of the people of the…
The speaker names "the third paragraph of the first section of Article II" as providing the method of electing the President and Vice President.
- cited bySuggestedSenate, December 1, 1803, ¶ 1
The Senate took up the amended report, as amended the preceding day, which was as folaemb&i, two-thirds of both Houmi concurring, That in 1i«u of the third paragraph of the tint section of the second article of the Constitution of the United States, the following be proposed as an amendment to the Con- ■titution of the United States, which, when ratified bj three-fourths of the Legislatures of the eeTeTil States, all bsTaliil.ta…
The amended report names "the third paragraph of the first section of the second article of the Constitution" (OCR "tint section"), which is Article II, Section 1, clause 3.
- cited bySuggestedSenate, December 1, 1803, ¶ 42
If anything could be understood from the Constitution more clearly than another, it was that the votes are given to two persons for President, and that, as has been observed before, the Constitution ' never notices a vote for the office of Vice Pi dent.
The speaker says the Constitution provides that the votes are given to two persons, which is Article II, Section 1, clause 3.
- cited bySuggestedSenate, December 2, 1803, ¶ 44
TheCi Constitution requires the Electors of each State to vote for two men, one of whom to be President of the United States.
The speaker says the Constitution "requires the Electors of each State to vote for two men," which is Article II, Section 1, clause 3.
- cited bySuggestedSenate, December 2, 1803, ¶ 70
In the article which obliges the Electors of President to vote for one person not an inhabitant ot the same State with themselves, is discovered State jealousy.
The speaker names "the article which obliges the Electors of President to vote for one person not an inhabitant of the same State with themselves," the words of Article II, Section 1, clause 3.
- cited bySuggestedSenate, December 2, 1803, ¶ 72
Yet, mixed as this mode of choice is, with both popular and federative principles, we see the small Slates watching its motions and circumscribing it to one attempt only,-and, on failure of an Electoral choice, they instantly seize upon the right of a Federal election, and select from the candidates a President by States and not by numbers.
The speaker names the provision that, on failure of a choice by the Electors, the President is chosen "by States and not by numbers," which is Article II, Section 1, clause 3.
- cited bySuggestedSenate, December 2, 1803, ¶ 78
Nothing can bemoreobvious, than the intention of the plan adopted by our Constitution for choosing a President. The Electors are to nominate two r!rsonB,or whom they cannot know which will be resident; Ihiscircumstance not only induces them to select both from the best men ; but gives a direct advantage into the hands…
The speaker names "the plan adopted by our Constitution for choosing a President," under which "the Electors are to nominate two persons" (OCR "r!rsonB"), which is Article II, Section 1, clause 3.
- cited bySuggestedSenate, December 2, 1803, ¶ 90
The article in the Constitution establishing the mode of electing a Chief Magistrate, and which is now proposed to be altered, was undoubtedly one of the most difficult parts of the whole at its formation.
The speaker names "the article in the Constitution establishing the mode of electing a Chief Magistrate, and which is now proposed to be altered"; the resolution proposed to replace Article II, Section 1, clause 3.
- cited bySuggestedSenate, December 2, 1803, ¶ 93
At the last election of President two persons bad an equal number of votes, and that number was a majority of the votes of all the Electors apeiiated, which circumstance gave the House of epresen la lives a Constitutional right to select one of ihem for President.
The speaker says that two persons having equal votes and a majority gave the House of Representatives "a Constitutional right to select one of them for President," voting by States, which is Article II, Section 1, clause 3.
- cited bySuggestedSenate, December 2, 1803, ¶ 96
Let this statement of facts be kept in view while we examine the duties assigned by ibeConstitution to the several agents concerned. The duty of the Electors is precisely defined. They are each to bring forward two candidates fully qualified for President, because they cannot know at the time of giving their ballots upon which the choice will fall.
The speaker names "the duties assigned by the Constitution" to the Electors, who "are each to bring forward two candidates," which is Article II, Section 1, clause 3.
- cited bySuggestedSenate, December 2, 1803, ¶ 102
At the Constitution stands each Elector is to write the names of two persons on a piece of paper called a ballot.
The speaker says that as the Constitution stands each Elector writes the names of two persons on a ballot, which is Article II, Section 1, clause 3.
- cited bySuggestedSenate, December 2, 1803, ¶ 136
Sir, each State Das but one vole, whether it is large or small; and the President and Vice President are still to be chosen out of five persons. Such is the Constitution in both respects now.
The speaker says that in an election by the House "each State has but one vote" and the choice is made out of five persons, and that "such is the Constitution in both respects now"; this is Article II, Section 1, clause 3.
- cited bySuggestedSenate, December 2, 1803, ¶ 155
Does it not say that two persons shall bevoted for as President? And what was the object of this, but to afford the minority an opportunity of putting in one of the two ?
Speaking of "what the Constitution intended," the speaker asks "Does it not say that two persons shall be voted for as President?", naming Article II, Section 1, clause 3.
- cited bySuggestedSenate, December 2, 1803, ¶ 156
…and just, provided a more safe and effectual remedy: no man can become too popular; for, if there is a portion of the people who are disposed to be infatuated, the Constitution provides there shall be two candidates; and those who are not infatuated can choose a man perhaps not so popular, but I probably possessed of equal talents station.
The speaker says "the Constitution provides there shall be two candidates," which is Article II, Section 1, clause 3.
- cited bySuggestedSenate, December 2, 1803, ¶ 220
That, m lien or the third paragraph of the Gnt section of the second article ofdie Constitution of tbeUniUd States, the following ba proposed aa an amendment to the Constitution ofths United StatM, which, vrhen ratified b; three-fourlha of the Legklaturea of theiaveral States, shall be lalid,…
The resolution names "the third paragraph of the first section of the second article of the Constitution" (OCR "Gnt section"), which is Article II, Section 1, clause 3.
- cited bySuggestedSenate, November 23, 1803, ¶ 45
It was to place a check upon this ambition that the Constitution provided a competitor for the Chief Magistrate, and declared that both should not be chosen from the same State.
The speaker says the Constitution "declared that both should not be chosen from the same State," the rule of Article II, Section 1, clause 3 on the two persons voted for by the Electors.
- quoted bySuggestedSenate, November 24, 1803, ¶ 9
does not require a majority in the choice of a Vice President, after ibe choice of President shall have been made, but saf s "in every case, after the choice of a President, the person having the greatest number of votes shall be the Vice President"—purposely omitting "a majority of the whole," as id the case of the President ; but the gentleman, who disapproves of amending, wishes to carry amendment farther and to render…
The paragraph quotes, in quotation marks, the rule that "in every case, after the choice of a President, the person having the greatest number of votes shall be the Vice President," the words of Article II, Section 1, clause 3 (without "of the Electors"). The OCR has lost the start of the sentence.
- cited bySuggestedSenate, November 24, 1803, ¶ 53
The Constitution under the present form has directed the choice to* be made from five.
The speaker says the Constitution "has directed the choice to be made from five," the five highest on the list in Article II, Section 1, clause 3.
- cited bySuggestedSenate, November 29, 1803, ¶ 4
The privilege given by the Constitution extended to five, out of which the choice of President should be made ; and why should the smaller, for whose benefit and security thai number was given, now wantonly throw it away without an equivalent 1 As to the Vice President, his…
The speaker names the provision of the Constitution under which the choice of President is made out of five, the five highest on the list in Article II, Section 1, clause 3.
- cited bySuggestedSenate, November 29, 1803, ¶ 9
The ConatilatioD allowed a choice from the five highest on the list, and why should we debar ourselves of the right of such a choice?
The speaker says "the Constitution allowed a choice from the five highest on the list" (OCR "ConatilatioD"), the words of Article II, Section 1, clause 3.
- cited bySuggestedSenate, November 29, 1803, ¶ 21
Your Constitution directs elections in States, not assembled in one place.
The speaker says the Constitution "directs elections in States, not assembled in one place," the rule that the Electors meet in their respective States in Article II, Section 1, clause 3.
- cited bySuggestedSenate, November 29, 1803, ¶ 24
Are we, then, in making the designating principle, to adhere to the form and desert the substance t How does the Constitution now stand 1 We choose from five the President and Vice President.
The speaker says that as the Constitution now stands the President and Vice President are chosen from five, the five highest in Article II, Section 1, clause 3.
- quoted bySuggestedSenate, October 21, 1803, ¶ 2
Constitution of the United States, in the words following, to wit; "The Electors shall meet in their respective States and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves.
The motion names "the third paragraph of the first section of the second article" of the Constitution and quotes it in full, "in the words following," beginning with these words.
- quoted bySuggestedSenate, October 21, 1803, ¶ 3
…aeceaurj to a In every caae after the choice of the President, the person having the greatest number of vote* of the Electora shall be the Vice President ; but, if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President:””— be expunged from the Constitution, and that the following paragraph be inserted in lieu thereof, to wit : " The Electors ibaU meet in their reapective Statea and vote…
The paragraph ends the quotation of the third paragraph of the first section of the second article begun in the preceding paragraph, with the clause's closing words.
- cited bySuggestedSenate, October 24, 1803, ¶ 3
…framers of the Constitution to admit the office of Vice President was, that, by the mode of choice, the best and most respectable man should he designated ; and that the Electors of each Stale should vote for one person at least, living in a different State from themselves; and if the substance of the amendmentwas adopted, bethought the office had belter be abolished.
Speaking of the framers of the Constitution, the speaker names the rule that the Electors of each State vote for one person at least living in a different State from themselves; only Article II, Section 1, clause 3 fits.
- cited bySuggestedSenate, July 5, 1909 (2), ¶ 238
The Constitution, as it stood at th-at time, direct provided that the candidate receiving the highest number 00: relieve electoral votes should be the President and the candidate rethe next highest n"umber should be the Vice-President.
The speaker describes the provision of the Constitution as it stood before the Twelfth Amendment, that the candidate with the highest number of electoral votes should be President, which is Article II, Section 1, Clause 3 (the passage is broken by marginal OCR words).
- cited bySuggestedSenate, March 7, 1947, ¶ 286
I refer to the original method of electing the President and the Vice President on the same ballot.
The paragraph names the original method of the Constitution for electing the President and Vice President on the same ballot, which is Article II, Section 1, Clause 3.
On Article II as a whole
- cited bySuggestedMassachusetts convention, January 28, 1788, ¶ 1
- cited bySuggestedNew York convention, July 4, 1788, ¶ 1
On Article II, Section 1 as a whole
- cited bySuggestedHouse, April 13, 1965, ¶ 327
- cited bySuggestedSenate, June 12, 1911, ¶ 106
- cited bySuggestedSenate, March 15, 1962 (3), ¶ 250
- cited bySuggestedSenate, March 19, 1962, ¶ 428
- cited bySuggestedSenate, March 22, 1962, ¶ 13
- cited bySuggestedSenate, March 22, 1962, ¶ 38
- cited bySuggestedSenate, March 22, 1962, ¶ 77
- cited bySuggestedSenate, March 22, 1962, ¶ 305
- cited bySuggestedSenate, March 22, 1962, ¶ 352
- cited bySuggestedSenate, March 22, 1962, ¶ 354
- cited bySuggestedSenate, March 23, 1962, ¶ 263
- cited bySuggestedSenate, March 23, 1962 (2), ¶ 200
- cited bySuggestedSenate, March 23, 1962 (2), ¶ 201
- cited bySuggestedSenate, March 23, 1962 (4), ¶ 13
- cited bySuggestedSenate, March 23, 1962 (4), ¶ 22
- cited bySuggestedSenate, March 23, 1962 (4), ¶ 25
- cited bySuggestedSenate, March 24, 1962 (2), ¶ 451
- cited bySuggestedSenate, March 27, 1962 (3), ¶ 111
- cited bySuggestedSenate, February 19, 1965 (3), ¶ 50
- cited bySuggestedSenate, February 19, 1965 (3), ¶ 51
- cited bySuggestedSenate, February 19, 1965 (3), ¶ 133
- cited bySuggestedSenate, February 19, 1965 (5), ¶ 164
- cited bySuggestedSenate, February 19, 1965 (5), ¶ 647
- cited bySuggestedNorth Carolina convention, July 26, 1788, ¶ 81
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