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The presidential deadlock, if nothing
else, should serve as a point of focus to bring light on our constitution and certain misconceptions that are prevalent in our nation. I would estimate that at least 90 percent of the citizens of this country believe that they have an inalienable constitutional right to vote for President of the United States. What I am about to say might shock you. There is no constitutional right of American citizens to vote for President.
The manner of electing the President is set out in Article II of the U.S. Constitution, which states, in part: "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors..." The Legislatures of each state have the constitutional power to determine how to name Electors. The Electors, in turn, vote for President.
Please note that this is in contrast to Article I of the constitution that makes it clear that our congressmen are to be "chosen every second Year by the People of the several States." We have an absolute constitutional right to elect our Representatives. We do not have such a right in relation to our President.
In the recent oral argument before the U.S. Supreme Court, Justice Scalia confirmed, "there is no right of suffrage (right of citizens to vote) under Article II.” He further stated: "There is a right of suffrage in voting for the legislature but Article II makes it very clear that
92.1%