8. Before he enter on the execution of his office, he shall take Oath. the following oath or affirmation:

"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States."

ment.

The President, Vice-President, and all civil officers of the United ImpeachStates shall be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors.

64. The Choice of the Presidential Electors

Under the terms of the Constitution, the electors of each state are to be chosen as the legislature thereof may determine. There was, however, very early a uniform tendency in the direction of popular choice on a general state ticket, and, when Michigan departed temporarily from that method in 1892, President Harrison in a message to Congress made this statement of the case against district elections:

of the

electoral

The method of appointment by the States of electors of Presi- The history dent and Vice-President has recently attracted renewed interest by reason of a departure by the State of Michigan from the method system. which had become uniform in all the States. Prior to 1832 various methods had been used by the different States, and even by the same State. In some the choice was made by the legislature; in others electors were chosen by districts, but more generally by the voters of the whole State upon a general ticket. The movement toward the adoption of the last-named method had an early beginning and went steadily forward among the States until in 1832 there remained but a single State (South Carolina) that had not adopted it.' That State until the Civil War continued to choose its electors by a vote of the legislature, but after the war changed its method and conformed to the practice of other States.

1 Election by general ticket went into effect in Maryland in 1836.

The

general ticket

approved by experience.

The evils of the gerrymander extended

to presiden

For nearly sixty years all the States save one have appointed their electors by a popular vote upon a general ticket, and for nearly thirty years this method was universal.

After a full test of other methods, without important division or dissent in any State and without any purpose of party advantage, as we must believe, but solely upon the consideration that uniformity was desirable and that a general election in territorial divisions not subject to change was most consistent with the popular character of our institutions, best preserved the equality of the voters, and perfectly removed the choice of President from the baneful influence of the "gerrymander," the practice of all the States was brought into harmony. That this concurrence should now be broken is, I think, an unfortunate and even a threatening episode, and one that may well suggest whether the States that still give their approval to the old and prevailing method ought not to secure by a constitutional amendment a practice which has had the approval of all. . . .

Gerrymanders for Congressional purposes are in most cases buttressed by a gerrymander of the legislative districts, thus making it impossible for a majority of the legal voters of the State to tial elections. correct the apportionment and equalize the Congressional districts. A minority rule is established that only a political convulsion can overthrow. I have recently been advised that in one county of a certain State three districts for the election of members of the `legislature are constituted as follows: One has 65,000 population, one 15,000, and one 10,000, while in another county detached, non-contiguous sections have been united to make a legislative district. These methods have already found effective application to the choice of Senators and Representatives in Congress, and now an evil start has been made in the direction of applying them to the choice by the States of electors of President and Vice-President. If this is accomplished, we shall then have the three great departments of the Government in the grasp of the "gerrymander," the legislative and executive directly and the judiciary indirectly through the power of appointment.

An election implies a body of electors having prescribed qualifications, each one of whom has an equal value and influence in determining the result. So when the Constitution provides that "each State shall appoint" (elect), “in such manner as the legislature thereof may direct, a number of electors," etc., an unrestricted power was not given to the legislatures in the selection of the methods to be used. "A republican form of government" is guaranteed by the Constitution to each State, and the power given by the same instrument to the legislatures of the States to prescribe methods for the choice by the State of electors must be exercised under that limitation. The essential features of such a government are the right of the people to choose their own officers and the nearest practicable equality of value in the suffrages given in determining that choice.

It will not be claimed that the power given to the legislature would support a law providing that the persons receiving the smallest vote should be the electors or a law that all the electors should be chosen by the voters of a single Congressional district. The State is to choose, and under the pretense of regulating methods the legislature can neither vest the right of choice elsewhere nor adopt methods not conformable to republican institutions. It is not my purpose here to discuss the question whether a choice by the legislature or by the voters of equal single districts is a choice by the State, but only to recommend such regulation of this matter by constitutional amendment as will secure uniformity and prevent that disgraceful partisan jugglery to which such a liberty of choice, if it exists, offers a temptation.

65. Counting the Electoral Votes in the States

Subject to the provision that Congress may fix the day for choosing electors and the day on which they must cast their votes, the Constitution leaves the general regulation of the methods of casting the vote and the compensation of the electors to the respective States. These paragraphs from the Oregon laws illustrate the general custom:

The power

of the legislature not unre

stricted in

this matter.

The gerry

mander not "republican" in

character.

Election of presidential electors.

Duties of electors.

Canvass of

votes.

Compensation.

On the Tuesday next after the first Monday in November, 1864, and every four years thereafter, there shall be elected by the qualified electors of this State as many electors of president and vice president as this State may be entitled to elect of senators and representatives in Congress.

The electors of president and vice president shall convene at the seat of government on the first Wednesday of December next after the election, at the hour of twelve of the clock at noon of that day, and if there shall be any vacancy in the office of an elector, occasioned by death, refusal to act, neglect to attend, or otherwise, the electors present shall immediately proceed to fill by viva voce and plurality of votes, such vacancy in the electoral college, and when all electors shall appear, or the vacancies, if any, shall have been filled as above provided, such electors shall proceed to perform the duties required of them by the constitution and laws of the United States.

The votes for the electors shall be given, received, returned, and canvassed as the same are given, returned, and canvassed for members of Congress. The Secretary of State shall prepare two lists of the names of the electors elected, and affix the seal of the State to the same. Such lists shall be signed by the Governor and Secretary, and by the latter delivered to the college of electors at the hour of their meeting on such first Wednesday of December. Every such elector who shall attend at the time and place appointed, and give his vote for president and vice president, shall be entitled to receive from this State $3 for each day's attendance at such election, and $3 for every twenty miles' travel in going to and returning from the place where the electors shall meet, on the usually traveled route.

66. The Oregon Presidential Primary Law

The extension of the direct primary system to presidential nominations began in 1910 with the adoption of the following law in Oregon. The principle was applied in one form or another in the 1912 campaign in Massachusetts, New Jersey,

Illinois and some other states; and the Democratic party is pledged to the extension of the plan. (See above, p. 111.)]

Be it enacted by the People of the State of Oregon: . . .

(a) In the years when a President and Vice-President of the United States are to be elected, said primary nominating election shall be held on the forty-fifth day before the first Monday in June of said year. . . .

(b) When candidates for the offices of President and VicePresident of the United States are to be nominated, every qualified elector of a political party subject to this law shall have opportunity to vote his preference, on his party nominating ballot, for his choice for one person to be the candidate of his political party for President, and one person to be the candidate of his political party for Vice-President of the United States, either by writing the names of such persons in blank spaces to be left on said ballot for that purpose, or by marking with a cross before the printed names of the persons of his choice, as in the case of other nominations. The names of any persons shall be so printed on said ballots solely on the petition of their political supporters in Oregon, without such persons themselves signing any petition, signature or acceptance. The names of persons in such political party who shall be presented by petition of their supporters for nomination to be party candidates for the office of President or Vice-President of the United States, shall be printed on the nominating official ballot, and the ballots shall be marked, and the votes shall be counted, canvassed and returned in like manner and under the same conditions as to names, petitions and other matters, as far as the same are applicable, as the names and petitions of aspirants for the party nominations for the office of Governor and for United States Senator in Congress are or may be by law required to be marked, filed, counted, canvassed and returned.

(c) The members of the political parties subject to this law shall elect their party delegates to their national conventions for

M