For those of you who missed history class, or for those of you who don’t obsess about politics and elections on a regular basis, I offer this primer on the way that the United States picks its presidents and vice presidents. It is a method of selection like no other in the world. A needlessly complicated and arcane practice of voting for people who will vote for the people who will run this country, and we go through all these hurdles because of slavery. We call the result of that convoluted process the Electoral College (EC) and it still exists today, long after slavery is a thankfully distant memory.
Slavery? I hear you asking. Yes, slavery. Don’t take my word for it, look it up. Or you could just listen to this episode of NPR’s Throughline.
The EC has a long and troubled history. The EC wasn’t even in the first draft of the Constitution. James Madison, who wrote the majority of the document, claimed he preferred direct election of the president by the people, but instead wrote into it that congress was to select the president. This mechanism was deemed too prone to intrigue by the members of the constitutional convention, and was seen as crippling the independence of the executive branch by making it reliant on congress. At least two of the original attendees of the convention favored direct popular election of the executive, but this idea was sacrificed even before the writing of the first draft of the document in order to make inclusion of the slave states palatable to the Northern states.
There was one difficulty however of a serious nature attending an immediate choice by the people. The right of suffrage was much more diffusive in the Northern than the Southern States; and the latter could have no influence in the election on the score of Negroes. The substitution of electors obviated this difficulty and seemed on the whole to be liable to the fewest objections.Wikipedia, the free encyclopedia
The historical fact of American slavery is something that the defenders of the EC should take heed of. The numerous slaves in the Southern states, slaves that the Southern slave owners and state representatives wanted counted as people for the purpose of apportioning representation, would have skewed the college and congress towards the South, which the North objected to. The South wanted slaves counted as people, for the purpose of representation, but not counted as people, for the purpose of profiting off of their slave labor. The impasse over the problem of representation in the legislature and at the voting booth threatened the entire constitutional convention, much like the problem of slavery threatened the possibility of American independence, not to mention the continued existence of the Union itself in 1860.
It was the invention of the three-fifths rule, a rule that counted each slave as three-fifths of a person, that allowed for a compromise on representation, and through that a compromise on the election of the office of president. Changes have been made to the EC along the way from then to now, but the essence of the college itself remains the same as it was back in 1787; and that essence is a safeguard against factions having an undue sway over the selection of the President.
The concern was not that the people would pervert the process, but that the factions, the parties, were to be guarded against. This was the paramount fear in the minds of the crafters of the Union. The EC was part of the whole package of division of powers, allowing for the will of the voting population of each state to be carried directly to the then new capitol. The preservation of state power was what the EC was designed to protect, enhancing the ability of sectionalism to thwart the corrupting influence of faction.
Faction almost immediately took hold anyway.
Some states reasoned that the favorite presidential candidate among the people in their state would have a much better chance if all of the electors selected by their state were sure to vote the same way—a “general ticket” of electors pledged to a party candidate. So the slate of electors chosen by the state were no longer free agents, independent thinkers, or deliberative representatives. They became “voluntary party lackeys and intellectual non-entities.”Once one state took that strategy, the others felt compelled to follow suit in order to compete for the strongest influence on the election.
When James Madison and Hamilton, two of the most important architects of the Electoral College, saw this strategy being taken by some states, they protested strongly. Madison and Hamilton both made it clear this approach violated the spirit of the Constitution. According to Hamilton, the selection of the president should be “made by men most capable of analyzing the qualities adapted to the station [of president].” According to Hamilton, the electors were to analyze the list of potential presidents and select the best one. He also used the term “deliberate”.Wikipedia, the free encyclopedia
The 1800 election saw the fears of faction take form for the first time. The Jefferson/Adams split and the resulting confusion of a tie vote for Thomas Jefferson and Aaron Burr in that election lead to the first changes in the EC creating the running mates system that is still in use today.
The 1824 election, the first election in which the popular vote mattered, was the second time the EC failed to produce a president. Once again the House of Representatives was forced to debate and vote on presidential candidates, eventually electing John Quincy Adams, the son of John Adams, to the presidency. This so infuriated the winner of the popular vote in 1824, Andrew Jackson, that he broke with the party of Jefferson (Democratic-Republicans) to create the Democratic party, a version of which still exists today.
The formation of the other half of the two-party factional control of the United States government came about with the election of Abraham Lincoln. It was with the election of Lincoln that the regional Republican party graduated to the national stage. Lincoln is one of four presidents who won the office while not being on the ballots in every state, and the only president to win the office while not being on the ballot in more than 5 states (he was not on the ballot in ten of the eleven slave states) he did win the EC successfully, probably because the slave states of the deep South were already pulling their support from the union and actively engaging in dissipating federal power to the several states so as to strengthen their own hands in the coming war that they were actively conspiring to start.
The electoral college is the only one where they choose their own masters.Abraham Lincoln, Team of Rivals pg. 630
However, the EC was set up to reflect the population of the United States as a whole. It achieved this through tying a majority of the electors from each state to the number of representatives from each state in the House of Representatives. Each district of the House being determined through the arcane process of census and redistricting, the seats apportioned based on populations within geographical regions. One elector for every seat in the House of Representatives plus one for every Senator. Add in the three electors for Washington D.C. (the same number of electors as the least populous state) and you have the number of electors in the current version of the EC, 538. It is supposed to return results that roughly equates to the vote of the majority of the population of the United States, and has done its job pretty admirably right up until the twentieth century when Congress short-circuited the representation metric that the founders set up.
How did the House upset the metric? They crafted the last in several sequential measures that set the number of seats in the legislature. The membership of the House of Representatives has been kept artificially low for most of the modern age. the number of representatives was fixed at 435 in 1911 and has remained at 435 as the population of the United States has grown exponentially. This has lead to an ever-increasing number of people represented by a single seat in congress, a ridiculous number of people that the framers would never have envisioned as acceptable. The original minimum population per house seat was 30,000; but the current representatives for the House each represent about half a million people, at least, with the higher population districts containing about three-quarters of a million people.
This is important, because this is how you get to the point where a candidate can win by well over a million votes in the popular election, and yet lose the election by electoral count. The EC is rigged against the popular vote being reflected in the makeup of the college, because the electors are not properly apportioned to the populations of the various states. For that matter, the House of Representatives no longer serves its function as a direct representation of the people, because it too is not apportioned correctly even though it was set up specifically to serve this purpose.
If the House of Representatives was allowed to grow again, as it did throughout the history of the United States, we would end up with a House that was made up of several thousand people. This may sound like a radical change to you, increasing the size of the house, but we’ll get a better representational cross-section of America if we do this and thereby end a lot of the talk about disconnected Washington politics in the process. Will it be more difficult to get important work done? I doubt that it can get more difficult than it is already. I think we will have to find that out first hand. Keep this point in mind.
So we have this thing called an Electoral College that votes for our president for us. The EC is forced to vote for the party that controls the states who appoint the electors who make up the college. These faithless elector rules were recently upheld by the Supreme Court. The size of the EC is kept artificially small because of the size restrictions set on the United States House of Representatives, resulting in neither the House or the EC reflecting the thing they were supposed to reflect, the numbers of people who live in different areas of the country, directly.
Party/faction controls everything in the United States today and nothing can be done without one of the two parties holding a majority in both houses of the legislature both in the several states and in the federal government. Even if the parties manage to hold both houses, the president from another party can still keep the nation at a standstill if all they control is the presidency itself. One man who keeps the United States from doing its business both at home and abroad.
It is damnably unfortunate for the sane people who live in the United States that the Republican party is demonstrably insane, and is being led by someone who either does believe or pretends to believe insane things. It is even more unfortunate that the Republican party has rigged the census and the districts that are currently in effect to favor their insane party leadership.
It is of small comfort to the 240,000 COVID dead Americans that the current governmental travesty is not even the first time in twenty years that this kind of miscarriage of justice has occurred. If the system worked as it was intended, then as a general rule the electors would reflect almost perfectly the will of the people who vote in a presidential election. But the system is being held hostage by parties that see their interests as more important than the interests of the population as a whole, even the populations that they are supposed to represent directly. They hold all the keys to the power that supposedly resides in the people themselves, and we have to take it back from them while we still have a country that is worth saving.
These parties/factions will stop at nothing to get into power, that is the reason that they exist. The reason that they were created in the first place. Party has replaced intellect and reason. We have become a nation of political face painters with no more understanding of the systems that supposedly rely on our input than our pets understand the workings of a can opener. Idiocracy was too real to be funny. The Trump presidency has proven this to me several times over now. The parties tell us to wag our tails, and we wag away expecting to be fed, never understanding that we could work the mechanisms ourselves if we simply stood up and used the political voice that is guaranteed to us by law.
The thing I learned from listening to that episode of Throughline that I linked earlier is that the EC was almost removed from the constitution by amendments twice in our history. Once, when the changes in 1800 were worked out, and the second time when we almost got George Wallace as a president instead of Richard Nixon (Now, there is an alternative history that I’m glad to not be in) As recently as 2018, Elizabeth Warren and other notables have called for the elimination of the EC. Fixing the election system is doable, if only we make it clear that what we want is everyone to be included and everyone to be heard by someone who represents them.
The EC has failed to do its job. It has failed to justify its inclusion in the fabric of American society, three-fifths compromise notwithstanding. With the 2016 travesty in the rear-view mirror it becomes painfully obvious that we either must amend the constitution to remove the EC, legislatively render it toothless in every state legislature in the US, or modify the structure that dictates its size and representation. One of these three things must occur. Several states have already passed the legislation mandating the popular vote outcome.
If we cannot render the EC toothless legislatively, and if we cannot amend it out of the constitution replacing it with the direct election of the president by the population of the United States, then what we have to do is the easier thing that I alluded to earlier. We influence our representatives to do the thing they can do for us and themselves, and it’s part of the job we send them to Washington D.C. to do in the first place. They should legislate an increase in the size of the House of Representatives, and through that increase negate the corrupting influences of faction and money.
What the study and report above shows is exactly what I said. The imposed limitation of 435 members placed on congress by congress itself is the limiting factor for gaining more influence over our representatives, for gaining an equitable voice in electing our president. This is one of the easiest things to fix, and it would fix the EC at the same time. With one simple bill introduced in congress we could increase the size of the congress and reduce the numbers of us per representative. We could make the representatives more focused on communicating with their much smaller groups of constituents, and be much more replaceable by those same groups.
A constituent base of 30,000 people means that my specific region of Austin would have their own representative in congress. A larger congress would be impossible to control externally by factional politics. It would lead to the formation of regional parties and a dilution of power in Washington D.C. We’d need to build facilities to house the additional several thousand representatives, which will be a windfall for the states and Washington itself. I don’t see how this works out as bad in any real way.
So rather than paying more money to influence my congressman, vying for influence with dollars I do not have, I propose we pay the congressmen less money and multiply their number by about a magnitude. Require them to listen to us if they want to keep their jobs. As a bonus, the EC will increase in size and we won’t see a repeat of this last election again. Pick one of those three options and work towards it, if you want to save this country from itself.
Editor’s note. This is an update to the 2016 piece that I wrote anticipating that the EC could be made to do its job when Donald Trump had appeared to win the EC vote, even though three million more Americans voted for Hillary Clinton. I expected that a majority of EC members would rebel and cast their votes for some other candidate rather than either of those two. I would have taken John Kasich at the time. At least he had a working brain, unlike Trump, and wasn’t hated by every conservative in the country, unlike Hillary Clinton. My hopes were dashed and there was no rebellion. The sheep that were put in place to vote for their parties nominee bleated, and we got President Donald Trump for four years.
I have now updated the update again, and moved it forward in time from it’s first publish date March 22, 2019 @ 6:54 am. I like this version better anyway.
Featured image is Howard Chandler Christy’s Scene at the Signing of the Constitution of the United States which replaced a screencap of washingtonpost.com – How The Electoral College Works