One of the reasons I
love history is to see how people deal with change over time.
I could write a book
about this particular topic because it goes back to the founding of the nation
and how things have evolved in the US since then.
The US constitution is
not a perfect document. It has evolved over time with many amendments to
recognize the need for change. I don’t believe in a strict interpretation of
the constitution as per what the founders might have intended. We are not the same
country that adopted the constitution. We have very different challenges.
This historical
perspective is non-partisan. Until 2000 I thought the Electoral College was
working well as intended. Then I began to see how things were changing and out
of sync with current reality in the US. (see 2000,2004 and now 2016)
(Btw - If John Kerry had received 60,000 more votes in 2004 he would have won the EC and lost the popular vote)
Background
At the time of the
constitutional convention (1787) the “united States” was not a country, as we
know it today. It was a loose confederation of individual states. A person’s allegiance
was to a state first and not to the concept of a country. That did not change until
the 20th century with the US taking on a leadership role in the
world.
During the
constitutional convention in 1787 there was a huge mistrust of a central
federal power and the ability of average voters to choose a President in a
national election. The major reason the Constitution was ratified was because
George Washington was the chairman of the convention and that it was assumed he
would be the first President.
There was a committee
setup that dealt with the “how to” of the election of The President. (See
Federalist Papers #68 which was written by Alexander Hamilton) They decided
that it would be a mistake to have the congress decide on the President (except
in certain cases) so they threw this to the states. The system was to give each
states a number of electors based on its number of members in congress
(representatives plus 2)
On a date set by
Congress, state legislatures would choose a set of electors who would later
meet in their state capitals to cast votes for president.
Because
there were NO political parties back then, it was assumed that electors would
use their best judgment to choose a president. One Founding-era argument for the Electoral
College stemmed from the fact that ordinary Americans across a vast continent
would lack sufficient information to choose directly and intelligently among
leading presidential candidates.
After George
Washington’s two terms as President, political parties broke out in full force
(Federalists and Jeffersonian Republicans) The early emergence of national presidential
parties rendered the “information” objection obsolete by linking presidential
candidates to slates of local candidates and national platforms, which explained
to voters who stood for what.
Washington warned
against political parties but it was only natural for political parties to take
hold. Differing perspectives and
ideologies are good as long as the parties work together AFTER the elections
are over for the good of the populace.
The 12th Amendment—proposed in 1803
and ratified a year later— was framed with such a party system
in mind, in the aftermath of the election of 1800-01. (“A Magnificent
Catastrophe” by Edward Larson is an excellent book to read about the election
of 1800)
The amendment’s modifications of
the electoral process transformed the Framers’ framework, enabling future
presidential elections to be openly populist and partisan affairs featuring two
competing tickets. It is the 12th Amendment’s Electoral College system, not the
Philadelphia Framers that remains in place today.
By the 1820s most
states began to pass laws allowing voters, not state legislators, to choose
electors in a winner-take-all basis.
(I’m fascinated by the
whole concept of democracy starting with the Greeks and forward. One common
thread is that over time democracy becomes more inclusive and participatory.
Expanding the franchise and more. I’m currently reading “Democracy: A Life by
Paul Cartledge. It’s an account of ancient democracies and similarities and
difference between modern democracies)
The winner-take-all electoral system explains why one candidate can get
more votes nationwide while a different candidate wins in the Electoral
College.
Some claim that the
founding fathers chose the Electoral College over direct election in order to
balance the interests of high-population and low-population states. But the
deepest political divisions in America have always been NOT between big and
small states, but between the north and the south, and between the coasts and
the interior.
The real EVIL dooming
direct national election (at the convention in 1797 and in trying to fix the
system, by constitutional amendment in 1803 after the disaster of the election
of 1800) was SLAVERY.
At the convention there was a proposal for direct national election by
James Wilson of Pennsylvania. But James Madison realized that the south would
never support it because the north would always outvote the south. Instead they adopted the three-fifths rule
allowing each southern state to count each slave as 60% of a person toward
representation.
(BTW - John Adams would have been
reelected in 1800 without that law)
Of course, the issue of slavery was kicked to the future, and every
compromise (1820, 1850) delayed the inevitable - civil war. Lincoln’s election
as President, with no southern votes, set that in motion. The country paid the
terrible price in blood for this. Both during the civil war, 100 years of Jim
Crow after and continued racism today. I wonder what the founders would say if
the knew what they enabled by delaying the inevitable. It seems to be a common
thread that problems do not get solved until a crisis looms. Then the price is
much more costly.
Did you know that from about 1820-1840 (approx.) there was a gag rule in
Congress where the discussion of slavery was not even allowed. John Quincy
Adams broke that. Quite an interesting story. He returned to Congress after
being President and fought slavery as best he could. He was not an
abolitionist. He realized that civil war was inevitable by the mid-1830s.
Reasons that are no longer relevant to support the Electoral
College system.
Electors
filter the passions of the people
This was the argument
made by Hamilton in Federalist #68. That
is, to
provide a check on the public in case they make a poor choice for president.
But electors no longer work as independent agents nor as agents of the state
legislature. They’re chosen for their party loyalty by party conventions or
party leaders.
There have been some “faithless” electors in the past but not enough to
make a difference.
Rural areas would get ignored
A popular argument for the Electoral College made is that without the
Electoral College, candidates would spend all their time campaigning in big
cities and would ignore low-population areas
Other than this odd view of democracy, which advocates spending as much
campaign time in areas where few people live as in areas where most Americans
live, the argument is simply false. The Electoral College causes candidates to
spend all their campaign time in cities in 10 to 15 states rather than in 30,
40 or 50 states.
Presidential candidates don’t campaign in rural areas no matter what system
is used, simply because there are not a lot of votes to be gained in those
areas. The argument about “flyover” country is nonsense proven by the list of
visits both candidates made during this past general election (and all previous
elections where we have records).
Even in the swing states where they do campaign, the candidates focus on
urban areas where most voters live.
The Electoral College does not create a national campaign inclusive of
rural areas. In fact, it does just the opposite.
Rural states do get a slight boost from the two electoral votes awarded to
states due to their two Senate seats. But as stated earlier, the Electoral
College does not lead to rural areas getting more attention.
There is no legitimate reason why a rural vote should count more than an
urban vote in a 21st-century national election.
It creates a
mandate to lead
Perhaps for incoming presidents, this artificial perception of landslide
support is a good thing. It helps them enact their agenda. The elector college
HAD provided a more substantial majority for those who WON the popular vote by
a small margin. But that’s obviously not working today.
But it can also lead to backlash and resentment in the majority or
near-majority of the population whose expressed preferences get ignored.
Swing States
In the last four
elections there have been 35 states that are not in the mix. There are about 15
swing states, where the elections have been the closest, that have been the
exclusive focus of the candidates. The 2016 election was basically decided by
107,000 people in Michigan, Wisconsin and Pennsylvania. That’s out of 121 Million people who
voted. 0.09 percent of all the votes
cast.
One-Person One-Vote
It’s a core
principal of the US Constitution establishing
equality in voting and representation. The electoral college ensures the lack
of equality from one state to another.
In the 2016 election there
were nearly 50% of the eligible voters who did not vote. According to polls a
significant amount of this was due to voters in states who knew their votes did
not make a difference. (Alabama, California among others).
With nearly all the votes
in Hillary Clinton has won the popular count by over 2+ million votes. It is not a "stolen" election because we are playing by the EC rules. However it
is a TRAVESTY to reject the will of the American people. The system is broken.
It happened the same way in 2000 (and Florida was actually stolen from Al
Gore). I would feel the same way if it
was a Republican who was in this situation.
A Direct presidential Election – A National Campaign
The solution is the National
Popular Vote Interstate Compact (which would be approved by the states) - the
idea is to award each state’s electoral votes to the winner of the national
popular vote instead of the winner of the state popular vote.
The elegant side to
this is that the Constitutional Convention turned the issue over to the states
to decide. The solution can be fixed by the states.
A national campaign
would truly enable participation.
A direct presidential
election would mean every vote counts. Currently states have little incentive
to encourage voting. But in a direct
election system, states with higher turnout would have more clout in the final
tally, giving state governments incentives to encourage voting. States may do
this different ways — early voting in some states; same-day registration in
others; making Election Day a holiday in still other jurisdictions. Issues would be discussed more broadly. Not just the “rust belt”
issues of trade and jobs that were the majority of the campaign in 2016.
Andrea