Cite as: 591 U. S. ____ (2020)
15
Opinion of the Court
as President and Vice President, and the tie vote that threw
the next election into the House. See supra, at 3. Both had
occurred because the Constitution’s original voting procedures gave electors two votes for President, rather than one
apiece for President and Vice President. Without the capacity to vote a party ticket for the two offices, the electors
had foundered, and could do so again. If the predominant
party’s electors used both their votes on their party’s two
candidates, they would create a tie (see 1800). If they intentionally cast fewer votes for the intended vice president,
they risked the opposite party’s presidential candidate
sneaking into the second position (see 1796). By allowing
the electors to vote separately for the two offices, the
Twelfth Amendment made party-line voting safe. The
Amendment thus advanced, rather than resisted, the practice that had arisen in the Nation’s first elections. An elector would promise to legislators or citizens to vote for their
party’s presidential and vice presidential candidates—and
then follow through on that commitment. Or as the Court
wrote in Ray, the new procedure allowed an elector to “vote
the regular party ticket” and thereby “carry out the desires
of the people” who had sent him to the Electoral College.
Ray, 343 U. S., at 224, n. 11. No independent electors need
apply.
Courts and commentators throughout the 19th century
recognized the electors as merely acting on other people’s
preferences. Justice Story wrote that “the electors are now
chosen wholly with reference to particular candidates,”
having either “silently” or “publicly pledge[d]” how they will
vote. 3 Commentaries on the Constitution of the United
States §1457, p. 321 (1833). “[N]othing is left to the electors,” he continued, “but to register [their] votes, which are
already pledged.” Id., at 321–322. Indeed, any “exercise of
an independent judgment would be treated[ ] as a political
usurpation, dishonourable to the individual, and a fraud
upon his constituents.” Id., at 322. Similarly, William