“Therefore, on reference to contemporaneous and subsequent action under the clause, we should expect to find, as we do, that various modes of choosing the electors were pursued, as, by the legislature itself on joint ballot; by the legislature through a concurrent vote of the two houses; by vote of the people for a general ticket; by vote of the people in districts; by choice partly by the people voting in districts and partly by the legislature; by choice by the legislature from candidates voted for by the people in districts; and in other ways, as, notably, by North Carolina in 1792, and Tennessee in 1796 and 1800. It allows the presidential election to be decided by a handful of states. The popular vote compact would rely on each participating state to certify, for itself, a national vote total. It’s time to use the power granted by the U.S. Constitution and award electoral votes to the winner of the national popular vote. On December 19th, the Electors of the Electoral College will cast their ballots. EQUAL PARTNERS. The Electoral College was always a compromise for him. It keeps states in charge of election administration and contains disputes within individual states. The Founding Fathers created the Electoral College in large part because they feared voters would not know all the candidateswho would be running for president. James Madison, architect and chief lobbyist for the constitution, made it clear then that its roots lie in fact not to protect “small states” but was one of several compromises between slaveholder states and free states. Improved or replaced? This book addresses the peculiarities of the current presidential election system not yet addressed in other publications. “(N)o society can make a perpetual constitution, or even a perpetual law. Consider, the winner-take-all rule is why 70% of American voters are ignored, while campaigns shower attention on five to 12 battleground states. Instead of a national election we have a presidential contest focused on the outcomes and voter preferences of a subset of swing states. Or updating the Electoral College to allocate electors proportionally instead winner-take all. That was a bold move by historical standards, albeit in the context of a very limited franchise. This often-confusing topic is broken down step by step for readers. Simple, clear language and elaborating fact boxes target readers new to understanding the Electoral College system and those looking for a thorough but succinct review. This year it left a large majority of the country’s 239 million eligible voters residing in non-battleground states as spectators and outsiders. “The three-fifths compromise was the foundation for the Electoral College.” Is a color-blind political system possible under our Constitution? More than two centuries after it was designed to empower southern white voters, the system continues to do … Why did they start the Electoral College? The Electoral College was created by delegates in 1787 as a compromise between electing the president by a vote in Congress, or electing through a popular vote by qualified citizens. The Electoral College would then be guaranteed to follow the popular vote winner because enacting states agree to award their electors to the candidate who’s won the popular vote in all 50 states plus Washington, D.C. They would aggregate votes across jurisdictions with different rules and processes, likely violating the equal protection clause of the Constitution. With two hundred years of inertia and time to build up myths of why the Electoral College even exists, it’s a challenge. For others, it’s a relic enabling a tyranny of the minority. The Electoral College only served to further incentivize keeping the franchise limited, as it still does today, especially in swing states where the stakes are high and fights over voter access continue. From 13 colonies to 50 states and whatever comes next, the Electoral College continues to be the fairest system for regional and population together. These 16 jurisdictions hold 196 electors. It has gained bi-partisan support of constitutional scholars, elected officials and nonpartisan civic organizations. Had it passed Congress, current events gave it a reasonable chance of approval in states. For 18-35 year olds it jumps to three of four young people never being contacted. Madison said “states were divided into different interests not by their difference of size, but by other circumstances; the most material of which resulted partly from climate, but principally from [the effects of] their having or not having slaves.”. “No one faithful to our history can deny that the plan originally contemplated, what is implicit in its text, that electors would be free agents, to exercise an independent and nonpartisan judgment as to the men best qualified for the Nation’s highest offices.”112 Writing in 1826, Senator Thomas Hart Benton admitted that the framers had intended electors to be men of “superior discernment, virtue, and information,” who would select the President “according to their own will” and without reference to the immediate wishes of the people. residing in non-battleground states as spectators and outsiders. The Supreme Court did not resolve this issue, but in a remand to the Florida Supreme Court, suggested that the role of state courts in applying state constitutions may be constrained by operation of Clause 2.104 Three Justices elaborated on this view in Bush v. Gore,105 but the Court ended the litigation—and the recount—on the basis of an equal protection interpretation, without ruling on the Article II argument. The first iteration of the Electoral College was used during the first four presidential elections of the United States. States are already working to fix the Electoral College. Campaign volunteers skipped their local contests to take weekends away from their state to travel to ones that decided the bigger prize. Americans want a popular vote for president. We form opinions about various states and their inhabitants, without considering the diversity of views that exist in any state. The states found a way to work together. It was a compromise between a popular vote by citizens and a vote in Congress. Instead, This analysis of legislative behavior shows how primary voters can obstruct political compromise and outlines potential reforms to remedy gridlock. For the Court, Justice Black denied that the language of Clause 2 immunized such state practices from judicial scrutiny.98 Then, in Oregon v. Mitchell,99 the Court upheld the power of Congress to reduce the voting age in presidential elections100 and to set a thirty-day durational residency period as a qualification for voting in presidential elections.101 Although the Justices were divided on the reasons, the rationale emerging from this case, considered with Williams v. Rhodes,102 is that the Fourteenth Amendment limits state discretion in prescribing the manner of selecting electors and that Congress in enforcing the Fourteenth Amendment103 may override state practices that violate that Amendment and may substitute standards of its own. Each state elects … They are masters too of their own persons, and consequently may govern them as they please. The irrelevance of most states – red and blue alike – has helped to drive bi-partisan support for reform over the years. Experts in the history of government recognize the longstanding practice. In accord with the provisions of the Constitution, Congress has determined the time as of which the number of electors shall be ascertained, and the days on which they shall be appointed and shall meet and vote in the States, and on which their votes shall be counted in Congress; has provided for the filling by each State, in such manner as its legislature may prescribe, of vacancies in its college of electors; and has regulated the manner of certifying and transmitting their votes to the seat of the national government, and the course of proceeding in their opening and counting them.”106 The truth of the matter is that the electors are not “officers” at all, by the usual tests of office. The earth belongs always to the living generation. Together, these 538 electors make up the Electoral College, which has one purpose: to choose the president every four years. For a compromise that has lasted more than 200 years, the Electoral College doesn’t get a lot of love. He concluded, “The Electoral College was part of a compromise and a compromise of slavery.” American political figures via unstrippedvoice.com I Agree to F2FA … The main reason the compromise is cited today is because, late in the convention, it was decided that each state’s electoral vote allocation would match its … This collection offers brief essays that examine the Electoral College from different disciplinary perspectives, including philosophy, mathematics, political science, history, and pedagogy. This law, for example, gave then-candidate Donald Trump all of Pennsylvania’s 20 electors the moment he got one vote more than Hillary Clinton inside Pennsylvania. Ignoring so many voters has an impact beyond campaigns. Through this process, we lose the essence of democracy – neighbor to neighbor, peer to peer politics. Today’s guest post comes from Miriam Vincent, staff attorney at the Federal Register. As a nation, it spent a week following the results of a handful of swing states, and wondering whether the week long late count of mail ballots in states like Pennsylvania and Michigan as opposed to a Florida which counted its mail ballots first would tip the balance. All Rights Reserved. A presidential candidate must get at least 270 Electoral College votes to win the office. If our founders were with us on election night watching CNN’s iconic red and blue map to see 36 of 50 states and two-thirds of the U.S. population left on the sidelines, they might well agree it’s time as well. TORY, COMMENTARIES ON THE CONSTITUTION OF THE UNITED STATES. In every election, it allows states to remain in charge and contains disputes within state lines. 107 They have neither tenure nor salary, and having performed their single function they cease to exist as electors. The last and only meaningful upgrade was the 12th amendment in 1804 to have the vice president and president run on the same ticket. Presents refutations of arguments in support of direct election of the President and, assembling supportive data on electoral and popular votes, argues for retention of the present electoral system Depending on how one analyzes that compromise, it either reduced or increased the political power of the slave states. Madison would have. Information disseminates everywhere and through multiple channels. Even though the victory of an independent candidate for elector in Alabama cannot be anticipated, the state does offer the opportunity for the development of other strong political organizations where the need is felt for them by a sizable block of voters. One early idea was to choose electors by congressional districts. https://www.adl.org/.../what-is-the-electoral-college-and-why-is-it-controversial The suggestion that in the early elections candidates for electors— contemporaries of the Founders—would have hesitated, because of constitutional limitations, to pledge themselves to support party nominees in the event of their selection as electors is impossible to accept. It won’t be easy. Thus in the 1800 census, the state of Pennsylvania had 10% more free persons then the largest of slave states, Virginia, yet it ended up with 20% fewer electoral votes. But like any operating system, our democracy functions at its best when we, the users, are keeping up with system updates that improve and further secure the fundamentals of the process. Some questions and answers about the Electoral College: WHAT EXACTLY IS THE ELECTORAL COLLEGE? Dealing with the question of the constitutional status of the electors, the Court said in 1890: “The sole function of the presidential electors is to cast, certify and transmit the vote of the State for President and Vice President of the nation. Three-fifths compromise, compromise agreement between delegates from the Northern and the Southern states at the United States Constitutional Convention (1787) that three-fifths of the slave population would be counted for determining direct taxation and representation in the House of Representatives.. It is in truth the most difficult of all on which we have had to decide.”89 Adoption of the electoral college plan came late in the Convention, which had previously adopted on four occasions provisions for election of the executive by the Congress and had twice defeated proposals for election by the people directly.90 Itself the product of compromise, the electoral college probably did not work as any member of the Convention could have foreseen, because the development of political parties and nomination of presidential candidates through them and designation of electors by the parties soon reduced the concept of the elector as an independent force to the vanishing point in practice if not in theory.91 But the college remains despite numerous efforts to adopt another method, a relic perhaps but still a significant one. The executive would be selected from special representatives of the people in the states, a republican process. In this provocative book, one of our most eminent political scientists questions the extent to which the American Constitution furthers democratic goals. More recently, substantial curbs on state discretion have been instituted by both the Court and the Congress. Like the United States, most major countries use a two-step democratic process to choose their head of government. 233 years later, the Three-fifth compromise … Electoral College was a political compromise designed to gain acceptance of the Constitution. Driving straight to the heart of the most contentious issue in American history, Sean Wilentz argues controversially that, far from concealing a crime against humanity, the U.S. Constitution limited slavery’s legitimacy—a limitation ... . In 1969, Congress almost approved a constitutional amendment to get rid of the electoral college, which meets Dec. 14 to ratify Joe Biden’s election, despite President Trump’s refusal to concede. The Founders set up the Electoral College for a few reasons: 1. But it has stood the test of time. The Electoral College is not perfect—no election system is. Election of the President: The Electoral College. The Electoral College emerged from the 1787 Constitutional Convention as a late-in-the-game political compromise that nobody embraced with … And having Congress elect the president. The Framers' Coup is more than a compendium of great stories, however, and the powerful arguments that feature throughout will reshape our understanding of the nation's founding. The Electoral College drives another source of civic polarization in an election decided by states rather than the nation as a whole – the division of red and blue states. Many of the Founding Fathers acknowledged that slavery violated the ideal of liberty … This two-part survey of the influence of the Three-Fifths Compromise in … In 1969 it almost did. Article two says each state shall appoint, “in such manner as the Legislature thereof may direct” the presidential electors allotted to them. Support must be geographically distributed around the country in order to win enough states to capture an electoral vote majority. The committee's research agenda has been designed to supplement the work of other groups, particularly the Carnegie Corporation of New York's Commission on Preventing Deadly Conflict, which issued its final report in December 1997. He mainly wanted to leave the selection of the president to a small august group of … John Dewey started this petition to Electoral College Electors. 1 id. Because the size of a state’s delegation in the House of Representatives and a … Of the majority, four relied on Congress’s power under the, The Court divided eight-to-one on this issue. We offer two views here. The word “appoint” as used in Clause 2 confers on state legislatures “the broadest power of determination.”92 Upholding a state law providing for selection of electors by popular vote from districts rather than statewide, the Court described the variety of permissible methods. Inter-state compacts can require Congressional approval. Winner-take-all is creating problems for states and the country as a whole. “This subject,” said … In recent years, state lawmakers have debated the continued use of the Electoral College.

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