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The Unfortunate Misunderstanding of the Electoral College in the US Constitution The Unfortunate Misunderstanding of the Electoral College in the US Constitution
by Dr. Emanuel Paparella
2016-12-05 11:28:32
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There exists abroad, and even here at home, a notion, a sort of assumed conventional wisdom, that the proper function of the Electoral College is that of rubber stamping the results of a popular vote computed state by state. Winner, or the candidate that totals the most electoral colleges, takes all and gets automatically elevated to the presidency, despite the fact that he/she might have received a couple of millions less votes in the popular vote. This is an erroneous notion which dishonors the intentions of the founding fathers and the framers of our Constitution.

I suggest to all those who hold such a view, to reject it. It is erroneous. The view is compelled by nothing in the US Constitution and represents a misunderstanding, in part propagated by a misinformed media, the so called pundits, who persist in spreading confusion on the elucidation of our democratic traditions. As the most important framers of US federalism in the Constitution, Alexander Hamilton, states: “the sense of the people should operate in the choice of the president.” It couldn’t be more clear. The will of the people should not be cavalierly infringed upon.

So, why the creation of an Electoral College? Given that this was a rather novel idea at the time, i.e., the idea of a representative democracy in the hands of the people (still imperfect to be sure, given that women, Blacks and white men with no property had no right to vote yet), the framers devised a safety valve, or a circuit breaker if you will, on the people’s choice. Some have imputed this to elitism pure and simple, to mistrust of the judgment of the people but that is equivalent to impugning the framers’ intentions. The Constitution begins with the very words “We the People.” Let’s focus, rather, on what the Constitution itself says in the matter.

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In the American criminal justice system a judge has the right to review a jury verdict where the people have voted and reached a consensus to make sure that it’s all done according to the stipulations of the law. Similarly, the electoral college confirms, or abstains from confirming, the people’s choice. There is a choice to be made on its part, not an automatic rubber stamping. It is rare, but a judge can obviate the judgment of a jury if clearly the law and common sense has not been followed.

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The Constitution says nothing about “winner take all.” An election is not a Las Vegas gambling casino. To quote Hamilton again: “electors are to apply a judicious combination of all the reasons and inducements which are proper to govern their choice.” Nowhere does it speak of automatic verdict or constraint; it speaks of free choice. Their wisdom on whether or not to overrule the people’s choice, was to remain free of political control and guided by democratic values. That is to say, they are not rubber stampers, or cogs in a machine, but free citizens exercising a judgment.

And what is that judgment to be exercised upon? Well, in the rare case that a proven child molester or a mentally deranged, or a renegade, gets elected by the people; or if there is evidence of massive fraud in a close election. But, before proceeding with what amounts to a veto of the people’s choice the Constitution stipulates that the evidence needs to be compelling and the judgment reflective.

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Thank you Electoral College Provision

Let’s now briefly look at the historical record. Only four times in US history has the electoral college selected a president against the will of the people —three times in the 19th century and once at the end of the 20th. In 1824, it was Congress that decided the election for John Quincy Adams; likewise in 1876, it was Congress that gave disputed electoral college votes to Rutherford B. Hayes. In 1888, Benjamin Harrison lost the popular vote to Grover Cleveland but won in the electoral college, only because Boss Tweed’s Tammany Hall turned New York away from the reformer Cleveland (by fewer than 15,000 votes). In 2000, George W. Bush lost the popular vote by a tiny fraction — half a percent — and beat Al Gore in the electoral college by an equally small margin — less than 1 percent.

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In those four cases the result violated what has become one of the most important principles governing our democracy — one person, one vote. Some argue that this violates the fundamental value of representative democracy but nothing in the Constitution compels this result, and besides, the Constitution can legally be amended.

Back to our initial inquiry: what is the precise purpose of the electoral college? It is certainly not to deny a reasonable judgment by all the people by an elitist minority, at least not overtly so; but it is to function as a sort of circuit breaker just in case the people go crazy and elect an Adolf Hitler (as in fact happened in Germany in 1932, albeit not directly). So, should we decide to amend the Constitution and eliminate the electoral college we also be eliminating the function of circuit breaker.

Did the people go crazy in 2016? Not really, two million more of them voted for what they considered a qualified president, although her opponents may have considered her corrupt and devious. But, vice-versa, the candidate on the other side was no saint either offering the people a clear-cut alternative. Thus, the majority of the people rendered a reasonable judgment by a margin of two million votes.

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So the electors, before casting their ballots, must now weigh the question of whether or not there is a good enough reason to veto the people’s choice before ignoring the fundamental principle of one person one vote and the equality of our citizenship. Thus the electors should respect the will of the majority of the people and ratify it on December 19. On that day the question before the electors’ conscience will be this: which precedent should govern; that of Tammany Hall and Bush v. Gore, or one person one vote, as has been the case most of the times elections have taken place? They are free to choose of course, as the Constitution provides. If they decide to leave the election as the people decided, then they will vote in Clinton’s favor. We will soon know if reason or Machiavellian politics-as-usual will prevail.

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Check Dr Emanuel Paparella's EBOOKS
Aesthetic Theories of Great Western Philosophers
& Europe Beyond the Euro
You can download them for FREE HERE!
 
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Leah Sellers2016-12-05 20:09:03
Excellent American Civics Lesson, Brother Emanel. Thank you, sir.


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