Federalist #68 (Alexander Hamilton):
It was desirable that the sense of the people should operate in the choice of the person to whom so important a trust was to be confided. This end will be answered by committing the right of making it, not to any preestablished body, but to men chosen by the people for the special purpose, and at the particular conjuncture.It was equally desirable, that the immediate election should be made by men most capable of analyzing the qualities adapted to the station, and acting under circumstances favorable to deliberation, and to a judicious combination of all the reasons and inducements which were proper to govern their choice. A small number of persons, selected by their fellow-citizens from the general mass, will be most likely to possess the information and discernment requisite to such complicated investigations.
...The choice of SEVERAL, to form an intermediate body of electors, will be much less apt to convulse the community with any extraordinary or violent movements, than the choice of ONE who was himself to be the final object of the public wishes. 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 be convened at one time, in one place.
...They have not made the appointment of the President to depend on any preexisting bodies of men, who might be tampered with beforehand to prostitute their votes; but they have referred it in the first instance to an immediate act of the people of America, to be exerted in the choice of persons for the temporary and sole purpose of making the appointment. And they have excluded from eligibility to this trust, all those who from situation might be suspected of too great devotion to the President in office. No senator, representative, or other person holding a place of trust or profit under the United States, can be of the numbers of the electors. Thus without corrupting the body of the people, the immediate agents in the election will at least enter upon the task free from any sinister bias. Their transient existence, and their detached situation, already taken notice of, afford a satisfactory prospect of their continuing so, to the conclusion of it. The business of corruption, when it is to embrace so considerable a number of men, requires time as well as means. Nor would it be found easy suddenly to embark them, dispersed as they would be over thirteen States, in any combinations founded upon motives, which though they could not properly be denominated corrupt, might yet be of a nature to mislead them from their duty.
There is no room in this process for a court to impose rules and restrictions on the Electors. States that try to influence the outcome of the Electoral College by restricting the people the Electors can choose from is in opposition to what Hamilton wrote in Federalist #68, and is an unconstitutional insertion of a federal office that was explicitly excluded from participating in the Electoral College deliberations.
Article II Section 1
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: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.The Framers intended for the people to vote for smart, influential non-government people to gather to debate, analyze, investigate, and vote for the President, and that this temporary body cannot be made up of people who hold existing offices in the federal or state governments.
If members of the judiciary are excluded from being in the Electoral College, then their power to control the choosing of Electors or whom the Electors can select must be excluded, too, or they might as well just be the Electoral College itself.
Any court that tries to interfere with this body by putting restrictions on its deliberations (like who they can vote for), is plainly unconstitutional and must be struck down unanimously.
-PJ
Details at https://freerepublic.com/focus/news/4204657/posts?page=40#40.
Thanks, PJ!
That is a point often forgotten. The several State Legislatures are, each in its own State, the absolute masters of the Presidential election. Courts have nothing to do with it. Any judge who gets involved, other than to tell a lower ranking judge to butt out, is violating his own oath of office.
BTTT!