Tuesday, April 29, 2014

In Defense of the Electoral College

by Gerard Emershaw


Every four years during a presidential election year, blowhard pundits—typically of the neo-progressive persuasion—decry American’s electoral college which awards presidential candidates all of a given state’s electoral votes in a winner take all fashion instead of proportionally. This leads to the very real possibility that the winner of the popular vote will not be elected president. This has happened four times in American history—John Quincy Adams in 1824, Rutherford B. Hayes in 1876, Benjamin Harrison in 1888, and George W. Bush in 2000 all became president without winning the popular vote over their competitors. Some see this as unfair and anti-democratic. The organization National Popular Vote is attempted to rectify this alleged evil in the American federal electoral system. Ten states have already pledged to award their votes not to the winner of the popular vote within the state but to the winner of the national popular vote in the presidential election. It does seem plausible that the winner of a presidential election should be the winner of the popular vote. But is this preferable to the Electoral College system currently employed?

States are free to decide how its presidential electoral votes are awarded. A state is free to award them winner take all, winner and loser take proportionately, winner of national majority take all, or taller candidate take all. However, a state that wishes to deviate from the traditional winner take all based upon popular vote within the state is doing itself qua state and its citizens qua state citizens a disservice. The United States was formed as a union of individual and sovereign states joining together. The state guarantees that its sovereignty is more likely to be respected by the federal government by employing the traditional electoral college method and by ensuring that the Tenth Amendment is always respected by the federal government. If presidents were to be elected merely by national popular vote, then states lose their sovereignty and individual characters. This would lead presidential candidates and political parties to ignore smaller states. It would also be yet one more dangerous step toward eliminating the federalist system. Tyrants have traditionally eliminated federalism within totalitarian nations. The Nazis, Soviets, and Maoists all did this. Eliminating the electoral college system will be yet one more step toward eliminating states as a vital check and balance against federal power. The Seventeenth Amendment, removing the right to elect Senators from state legislators and giving it to the voters was one step towards the neutralization of states as a check and balance against federal tyranny. The gradual weakening of the Tenth Amendment has been another. With the three branches of the federal government increasingly unwilling to act as checks and balances against one another, eventually a loss of federalism will mean that a triumvirate of federal dictatorial branches is cooperating to divide up the power to tyrannize Americans.

Those states that are so willing to trade their own sovereignty and that of their citizens—Rhode Island, Vermont, Maryland, Washington, Illinois, New Jersey, District of Columbia, Massachusetts, and Hawaii—are by and large “blue” states. It is apparent that the powers that be in these Democratic strongholds care more about the future of their political party than the future of their citizens. It is more important to them that another election similar to Bush defeating Gore does not happen than that the sovereignty of their state and citizenry be defended. This is partisan cynicism and is dangerous to the health of the Republic.

4 comments:

  1. On February 12, 2014, the Oklahoma Senate passed the National Popular Vote bill by a 28–18 margin.

    The National Popular Vote bill has passed 33 state legislative chambers in 22 rural, small, medium, large, Democratic, Republican and purple states with 250 electoral votes, including one house in Arkansas (6), Maine (4), Michigan (16), Nevada (6), New Mexico (5), North Carolina (15), and Oklahoma (7), and both houses in Colorado (9).

    The bill has been enacted by 11 jurisdictions with 165 electoral votes – 61% of the 270 necessary to go into effect.


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  2. With the Electoral College and federalism, the Founding Fathers meant to empower the states to pursue their own interests within the confines of the Constitution. National Popular Vote is an exercise of that power, not an attack upon it.

    The Electoral College is now the set of 538 dedicated party activists who vote as rubberstamps for their party’s presidential candidate. That is not what the Founders intended.

    During the course of campaigns, candidates are educated and campaign about the local, regional, and state issues most important to the handful of battleground states they need to win. They take this knowledge and prioritization with them once they are elected. Candidates need to be educated and care about all of our states.

    The current state-by-state winner-take-all method of awarding electoral votes (not mentioned in the U.S. Constitution, but later enacted by 48 states), under which all of a state's electoral votes are awarded to the candidate who gets the most votes in each separate state, ensures that the candidates, after the conventions, in 2012 did not reach out to about 80% of the states and their voters. 10 of the original 13 states are ignored now. Candidates had no reason to poll, visit, advertise, organize, campaign, or care about the voter concerns in the dozens of states where they were safely ahead or hopelessly behind.

    80% of the states and people were just spectators to the presidential election. That's more than 85 million voters, more than 200 million Americans.

    Policies important to the citizens of non-battleground states are not as highly prioritized as policies important to ‘battleground’ states when it comes to governing.

    Since World War II, a shift of a few thousand votes in one or two states would have elected the second-place candidate in 4 of the 15 presidential elections

    The National Popular Vote bill preserves the Electoral College and state control of elections. It changes the way electoral votes are awarded in the Electoral College.

    Under National Popular Vote, every voter, everywhere, would be politically relevant and equal in every presidential election. Every vote would be included in the state counts and national count.

    When states with a combined total of at least 270 electoral votes enact the bill, the candidate with the most popular votes in all 50 states and DC would get the needed majority of 270+ Electoral College votes from the enacting states. The bill would thus guarantee the Presidency to the candidate who receives the most popular votes and the majority of Electoral College votes.

    States have the responsibility and power to make all of their voters relevant in every presidential election and beyond.

    Unable to agree on any particular method, the Founding Fathers left the choice of method for selecting presidential electors exclusively to the states by adopting the language contained in section 1 of Article II of the U.S. Constitution-- "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors . . ." The U.S. Supreme Court has repeatedly characterized the authority of the state legislatures over the manner of awarding their electoral votes as "plenary" and "exclusive."

    Federalism concerns the allocation of power between state governments and the national government. The National Popular Vote bill concerns how votes are tallied, not how much power state governments possess relative to the national government. The powers of state governments are neither increased nor decreased based on whether presidential electors are selected along the state boundary lines, or national lines (as with the National Popular Vote).

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  3. Anyone concerned about the relative power of big states and small states should realize that the current system shifts power from voters in the small and medium-small states to voters in the current handful of big states.

    With National Popular Vote, when every popular vote counts and matters to the candidates equally, successful candidates will find a middle ground of policies appealing to the wide mainstream of America. Instead of playing mostly to local concerns in Ohio and Florida, candidates finally would have to form broader platforms for broad national support. Elections wouldn't be about winning a handful of battleground states.

    Now political clout comes from being among the handful of battleground states. 80% of states and voters are ignored by presidential campaign polling, organizing, ad spending, and visits.

    State winner-take-all laws negate any simplistic mathematical equations about the relative power of states based on their number of residents per electoral vote. Small state math means absolutely nothing to presidential campaign polling, organizing, ad spending, and visits, or to presidents once in office.

    In the 25 smallest states in 2008, the Democratic and Republican popular vote was almost tied (9.9 million versus 9.8 million), as was the electoral vote (57 versus 58).

    In 2012, 24 of the nation's 27 smallest states received no attention at all from presidential campaigns after the conventions.- including not a single dollar in presidential campaign ad money after Mitt Romney became the presumptive Republican nominee on April 11. They were ignored despite their supposed numerical advantage in the Electoral College. In fact, the 8.6 million eligible voters in Ohio received more campaign ads and campaign visits from the major party campaigns than the 42 million eligible voters in those 27 smallest states combined.

    Now with state-by-state winner-take-all laws (not mentioned in the U.S. Constitution, but later enacted by 48 states), presidential elections ignore 12 of the 13 lowest population states (3-4 electoral votes), that are non-competitive in presidential elections. 6 regularly vote Republican (AK, ID, MT, WY, ND, and SD), and 6 regularly vote Democratic (RI, DE, HI, VT, ME, and DC) in presidential elections. Voters in states that are reliably red or blue don't matter. Candidates ignore those states and the issues they care about most.

    Kerry won more electoral votes than Bush (21 versus 19) in the 12 least-populous non-battleground states, despite the fact that Bush won 650,421 popular votes compared to Kerry’s 444,115 votes. The reason is that the red states are redder than the blue states are blue. If the boundaries of the 13 least-populous states had been drawn recently, there would be accusations that they were a Democratic gerrymander.

    Support for a national popular vote is strong in every smallest state surveyed in recent polls among Republicans, Democrats, and Independent voters, as well as every demographic group. Support in smaller states (3 to 5 electoral votes): AK -70%, DC -76%, DE --75%, ID -77%, ME - 77%, MT- 72%, NE - 74%, NH--69%, NE - 72%, NM - 76%, RI - 74%, SD- 71%, UT- 70%, VT - 75%, WV- 81%, and WY- 69%.

    Among the 13 lowest population states, the National Popular Vote bill has passed in nine state legislative chambers, and been enacted by 4 jurisdictions.

    With the current state-by-state winner-take-all system of awarding electoral votes (not mentioned in the U.S. Constitution, but later enacted by 48 states), it could only take winning a bare plurality of popular votes in only the 11 most populous states, containing 56% of the population of the United States, for a candidate to win the Presidency with a mere 23% of the nation's votes!

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  4. Most Americans don't ultimately care whether their presidential candidate wins or loses in their state or district . . . they care whether he/she wins the White House. Voters want to know, that even if they were on the losing side, their vote actually was equally counted and mattered to their candidate. Most Americans think it would be wrong for the candidate with the most popular votes to lose. We don't allow this in any other election in our representative republic.

    In Gallup polls since 1944, only about 20% of the public has supported the current system of awarding all of a state's electoral votes to the presidential candidate who receives the most votes in each separate state (with about 70% opposed and about 10% undecided).

    Support for a national popular vote is strong among Republicans, Democrats, and Independent voters, as well as every demographic group in virtually every state surveyed in recent polls
    in recent or past closely divided Battleground states: CO – 68%, FL – 78%, IA --75%, MI – 73%, MO – 70%, NH – 69%, NV – 72%, NM– 76%, NC – 74%, OH – 70%, PA – 78%, VA – 74%, and WI – 71%;
    in Small states (3 to 5 electoral votes): AK – 70%, DC – 76%, DE – 75%, ID – 77%, ME – 77%, MT – 72%, NE 74%, NH – 69%, NV – 72%, NM – 76%, OK – 81%, RI – 74%, SD – 71%, UT – 70%, VT – 75%, WV – 81%, and WY – 69%;
    in Southern and Border states: AR – 80%, KY- 80%, MS – 77%, MO – 70%, NC – 74%, OK – 81%, SC – 71%, TN – 83%, VA – 74%, and WV – 81%; and
    in other states polled: AZ – 67%, CA – 70%, CT – 74%, MA – 73%, MN – 75%, NY – 79%, OR – 76%, and WA – 77%.

    The National Advisory Board of National Popular Vote includes former Congressman John Buchanan (R–Alabama), and former Senators David Durenberger (R–Minnesota), and Jake Garn (R–Utah).

    Supporters include former Senator Fred Thompson (R–TN), Governor Jim Edgar (R–IL), Congressman Tom Tancredo (R-CO), and former U.S. House Speaker Newt Gingrich (R–GA)

    Saul Anuzis, former Chairman of the Michigan Republican Party for five years and a former candidate for chairman of the Republican National Committee,

    The Nebraska GOP State Chairman, Mark Fahleson,

    Michael Long, chairman of the Conservative Party of New York State

    Rich Bolen, a Constitutional scholar, attorney at law, and Republican Party Chairman for Lexington County, South Carolina, wrote:"A Conservative Case for National Popular Vote: Why I support a state-based plan to reform the Electoral College."

    NationalPopularVote

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