<P> The second section I consider the most important in the article . It fixes the basis of representation in Congress . If any State shall exclude any of her adult male citizens from the elective franchise, or abridge that right, she shall forfeit her right to representation in the same proportion . The effect of this provision will be either to compel the States to grant universal suffrage or so shear them of their power as to keep them forever in a hopeless minority in the national Government, both legislative and executive . </P> <P> Federal law (2 U.S.C. § 6) implements Section 2's mandate . </P> <P> For 1789, the first Wednesday in February next be the day for the Electors to assemble in their respective States and vote for a President from Resolution of 13 September 1788 by the Confederation (Continental) Congress . For 1792 through 1884, the Electors shall meet and give their votes on the first Wednesday in December from 1 Stat. 239, Section 2 . For 1889 through 1933, the Electors of each State shall meet and give their votes on the second Monday in January next following their appointment from 24 Stat. 373, Section 1. For 1936 to the present, the Electors of President and Vice President of each State shall meet and give their votes on the first Monday after the second Wednesday in December next following their appointment from 62 Stat. 673, now codified as United States Code: Title 3, Section 7 (3 USC 7). </P> <P> Even though the aggregate national popular vote is calculated by state officials, media organizations, and the Federal Election Commission, the people only indirectly elect the president, as the national popular vote is not the basis for electing the president or vice president . The president and vice president of the United States are elected by the Electoral College, which consists of 538 presidential electors from the fifty states and Washington, D.C. Presidential electors are selected on a state - by - state basis, as determined by the laws of each state . Since the election of 1824, most states have appointed their electors on a winner - take - all basis, based on the statewide popular vote on Election Day . Maine and Nebraska are the only two current exceptions, as both states use the congressional district method . Although ballots list the names of the presidential and vice presidential candidates (who run on a ticket), voters actually choose electors when they vote for president and vice president . These presidential electors in turn cast electoral votes for those two offices . Electors usually pledge to vote for their party's nominee, but some "faithless electors" have voted for other candidates or refrained from voting . </P>

When did the us start using the electoral college