Why the United States president is not elected by popular vote of American voters

Editor's note: This is a regular feature on issues related to the Constitution and civics education written by Paul G. Summers, retired judge and state attorney general.

Our Constitutional study now focuses on the second article, Article II, the Executive Branch. This branch is led by and the “…Power shall be vested in a President of the United States of America.”

He or she is elected for a term of four years, with the Vice President (VP); and their terms end on January 20th four years later. The legislatures of the various states elect the President and VP through the Electoral College and not by popular vote.

“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....”

Tennessee, for example, has eleven electors in the Electoral College - nine for the number of U.S. representatives and two for the U.S. senators.

Here’s how many state legislators there are in Tennessee

Under our constitutional republic, we voters elect the state legislators. In Tennessee we have 99 representatives and 33 senators. These 132 state politicians comprise the Tennessee Legislature. The state legislature decides under Article II how electors get on the ballot and the process for electing electors for one candidate or another.

Every four years in March, Tennessee has a Presidential Preference Primary, commonly called “Super Tuesday.”

Then, in November of that election year, we elect a slate of electors for the various candidates running for president and VP.

In a real sense, the electors elect those high offices, not the voters. The electors are representative of a state’s population and congressional number.

What happens if no presidential candidate receives a majority of Electoral College votes?

There currently are 538 electoral votes in the Electoral College; a majority, or 270, elects the president as well as the VP. Ballots from states are sent to Congress. After the previous November elections, Congress meets in joint session and counts the votes.

The president of the Senate, the existing VP, presides.

If no candidate for president receives a majority, then the House of Representatives votes by states, “with each state having one vote.” (This means that Tennessee gets one vote, and California one vote, regardless of population.)

A similar process follows in the Senate if no candidate gets a majority vote for Vice President. Such processes are provided in the 12th Amendment, ratified in 1804. The electoral process should be completed before Jan. 20 when the incumbents’ terms end.

A U.S. president can be elected without the majority of the popular vote

The Electoral College recognizes and supports an important principle not supported by a national popular vote for the top officials of Article II.

We are a unified country of 50 independent states. The Electoral College allows each state a measure of independence in running their elections for president and VP. One state does not infringe on another.

In November we vote for electors pledged to a candidate for president and VP.The electoral votes are then tallied nationwide and reported the next January.

Recall that the people of their states elect representatives and senators. The president and VP are elected by the Electoral College and not by popular vote. Presidents have been elected wherein they did notreceive the popular vote but succeeded in the electoral college vote of 270.

Federal judges are not elected. They are appointed by the President; confirmed by the Senate; and serve for life or ”…during good Behavior….”

Our study of our founding documents and American government will continue with Article II. Studying our Constitution is time well spent.

Paul G. Summers, a lawyer, is a former appellate and senior judge, district attorney general, and the Attorney General of Tennessee. Raised in Fayette County, Judge Summers resides in Nashville and Holladay,

This article originally appeared on Nashville Tennessean: Constitution lesson: Electoral College not voters picks the president