Electing A President

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From the Academy:

Part of the reason there is any controversy at all over the Electoral College is the misconception that the People elect the President. We don't. The States elect the President, and that's the way it should be.

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Our government is a federation of States. In creating the new nation, the Founders balanced the needs of the States who were voting to create the Union and the Union itself, and balanced both State and Union against the needs of the People. Understand from that this one thing: the People are not the Union. The People are not the States. The three entities are separated intentionally to create a balance of power. One of the most important roles, choosing the Chief Executive, is given not to the People (who elect the Congress) but to the States.

Without the triangle of People, States, and Union, power would quickly gravitate to one of the other remaining entities. We see that even now. Either the People would run wild and begin a period of insane majority whim, or the Union would begin a tyranny of the few.

To accomplish this balance a compromise was reached between the large States and the small ones, whereby each State got a minimum amount of power augmented in proportion to its population. The mechanism for appointing our officials was the amalgam of a variety of sources, including ancient Greek democracy, the Roman Republic, and not least, the Holy Roman Empire, a waning power in Europe at the time.

The short-lived democracy of ancient Athens was mildly successful despite its rapid descent into populism and aristocratic manipulation. It derives its influence more from its output of learning than its actual influence on its neighbors in geography and time.

The Roman Republic lasted a long time, roughly five centuries, before the Senate, who in the end could only cast votes and make talk (to oversimplify), capitulated to Caesar, who had the loyalty of the men with swords. Still, the legislature served as a source for capitol intrigue in the Empire, if nothing else. But the idea of an essentially aristocratic Senate was unappealing to the Founders.

The Holy Roman Emperor was elected from one of the correct bloodlines (technically, any nobleman over 18 with property in the Empire). The election was made by a group of Electors, each of which was Duke of this or Bishop of that. The Electors horsetraded Imperial votes for sweeter land deals, treaties, titles, money, promises, or other items of perceived value. The newly elected Emperor swore an oath not to make his throne hereditary. Technically, he wasn't Emperor until the Pope crowned him.

Not withstanding the standard cynical barb that it was neither holy, nor Roman, nor an empire, at various times and degrees those attributes did apply. The Empire lasted a thousand years, from its founding by Charlemagne in 800 to its final, bleak end in 1806, and its history formed the basis of the modern history the men developing our Constitution would have been taught. Our founders would have been intimately familiar with the machinations that got someone to be elected Emperor, both in their seamy details and their higher purposes.

The Federal Register has an Electoral College FAQ, saying:

The founders appropriated the concept of electors from the Holy Roman Empire (962 - 1806). An elector was one of a number of princes of the various German states within the Holy Roman Empire who had a right to participate in the election of the German king (who generally was crowned as emperor).

The reason we have an Electoral College is to give smaller States a voice. Remember that it's the States, not the People, who elect the President. In fact, there is no requirement that a State even have an election to determine how its Electors will vote. A State could have its Legislature vote on Electors, or could allow the Governor to decide, or even let him or someone else roll dice.

States which split their Electoral votes on Congressional district are essentially abdicating their Constitutional role. If such a State is closely contested, their electoral votes essentially don't count at all, and an individual citizen's vote as a citizen of that State matters even less. In a winner-take-all electoral system, the citizen's vote has a larger relative impact. Rather than being one vote out of 50,000,000, he is one out of perhaps a million who selects a given candidate.

Even thought the trend has been to consolidate power away from the States, they still have the power to reform the Constitution or call a Constitutional Convention if two-thirds (currently 34) of the State Legislatures approve it. A Constitutional Convention might not never happen, because it would have essentially unlimited ability to change the Constitution, or to abolish it completely.

But in the end, as far as the Presidency goes, it doesn't matter one bit how an individual votes. What matters is how the people of his State select their Electors. If that hurts your feelings and makes you feel all powerless, I have two suggestions. The first is to look around and notice that you live in the same State with your friends and neighbors, your employer if you have one, your grocer, and probably most of their customers. Even if you don't believe they deserve loyalty, you can probably see that you have similar interests. You all can decide together who you want for President, and my friends and neighbors will help me decide who I want. If you get sick of their choices, move to a different State.

The second suggestion will have to wait for an upcoming post.



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Neil Stevens's picture

The States are not independent entities that exists separate from the people. As the Constitution also mandates, the States are Constitutional Republics themselves.

And if the people's elected representatives in those states choose to choose electors the way it's done in Maine, then they're not "abdicating" their responsibility. They've just chosen differently from how you've chosen.

I think it's perfectly legitimate for a diverse state (such as California, which can be compared with Massachusetts glued onto Arizona, only larger) to have ALL its people heard in a Presidential election.

Again, you may disagree, but that doesn't make it illegitimate somehow.
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If you're seeing shades of gray, it's because you're not looking close enough to see the black and white dots.

Neil Stevens's picture

Right now, California's too expensive and too pro-abortion for anyone to make any serious attempts to campaign here. Republicans aren't going to be able to many any inroads into LA county and the SF Bay, so nothing ever happens and we basically watch the election go by.

If every single district were up for grabs separately though, we could see some markets here fought over. Some of our local areas probably have as many electoral votes as some swing states, and campaigns just might care.
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If you're seeing shades of gray, it's because you're not looking close enough to see the black and white dots.

The States are not independent entities that exists separate from the people. As the Constitution also mandates, the States are Constitutional Republics themselves.

So, which is it? Are they independent Republics, or are they just insignificant lines on the map? Don't click Reply yet.

As for the Legislatures abdicating responsibility, I agree that they are fully within their rights to do so. If California wishes to split its vote, then on some level that is how California is deciding its Electors.

But they're giving up their pull as a State. The collection of people who live there still have the same amount of power, but their ability to push the other States around is diminished greatly. Now they're reduced voting on one Elector, which is less than the yield of Alaska or Wyoming, but they do have (roughly) 55 times more influence on that one Elector than they did on the 55 before, so it evens out with the math in my head. Basically, for Presidental Elections there would be 49 States (2 + #Congressmen Electors each) and 55 Statelets (1 Elector each).

Neil Stevens's picture

California may be giving up what 'pull' it has as a guaranteed Democratic state, but in turn it gains more pull by having at least PARTS of the state up for grabs in the general election.

The LA media market is very expensive and completel worthless. Nobody tries to tune his message to anyone out here. But if the middle of the road areas of the greater LA area, between the ones that are solid R and the ones that are solid D, if they have several electoral votes up for grabs, it just might be worth it to try.

Multiply that throughout the state, and you get a lot MORE pull than we have now.

I'm all for Federalism, but the core concept of a state's sovereignty is that it should take actions to maximize the well being of its citizens. Winner-take-all gains Californians nothing at all.

I think the case could be made for a smaller state to have more pull winner take all, granted, but California's on such a different scale that the same rules don't apply.
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If you're seeing shades of gray, it's because you're not looking close enough to see the black and white dots.

Choosing our president is a long process. When men wrote our constitution they wanted to be sure that the person who led our country would be qualified. They put together a unique way of choosing the president, starting with the following rules:
A person must be a native-born citizen of the United States.
They must be at least thirty-five years of age.
They must have been a resident of the United States for at least fourteen years.
A presidential election must be held every four years.
2 A president may serve only two terms in office. It was not always this way. Franklin D. Roosevelt won the presidency four times. This worried some people. In 1951, the Twenty-Second Amendment to our constitution passed. Now, presidents can only serve for eight years.

3 A qualified person declares their intent to run for president and becomes a candidate. Then, they try to win a nomination in a party by campaigning. In our country, there are two main parties, Republican and Democratic. Although there are other parties, these two groups lead our system.

4 To win a nomination, the candidates take part in caucuses and primaries. These events choose delegates. Delegates are people who place a vote for a candidate at a convention.

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DocJ's picture

Though I doubt many of us needed it. BTW, the Founding Fathers didn't talk much about "political parties", so your Rules 3 and 4 really don't have much Constitutional footing. Most of the rest could have been found by anyone interested who had access to Google and even the most rudimentary of searching skills.

And welcome to The Minority Report.

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Diplomacy is the art of saying 'Nice doggie' until you can find a rock.