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Arguments against the Electoral College

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Dec-01-16 A different perspective

Arguments against the Electoral College

Those who object to the Electoral College system and favor a direct popular election of the president generally do so on four grounds:

the possibility of electing a minority (someone not receiving the majority of votes) president

the risk of so-called “faithless” Electors

the possible role of the Electoral College in depressing voter turnout

its failure to accurately reflect the national popular will

Opponents of the Electoral College are disturbed by the possibility of electing a minority president (one without the absolute majority of popular votes). Nor is this concern entirely unfounded since there are three ways in which that could happen. One way in which a minority president could be elected is if the country were so deeply divided politically that three or more presidential candidates split the electoral votes among them such that no one obtained the necessary majority . . . there are two possible resolutions: either one candidate could throw his electoral votes to the support of another (before the meeting of the Electors) or else, absent an absolute majority in the Electoral College, the U.S. House of Representatives would select the president in accordance with the 12th Amendment. . . .A second way in which a minority president could take office is if, as in 1888, one candidate's popular support were heavily concentrated in a few States while the other candidate maintained a slim popular lead in enough States to win the needed majority of the Electoral College. . . . A third way of electing a minority president is if a third party or candidate, however small, drew enough votes from the top two that no one received over 50% of the national popular total. Far from being unusual, this sort of thing has, in fact, happened 15 times including (in this century) Wilson in both 1912 and 1916, Truman in 1948, Kennedy in 1960, Nixon in 1968, and Clinton in both 1992 and 1996.

Opponents of the Electoral College system also point to the risk of so called "faithless" Electors. A "faithless Elector" is one who is pledged to vote for his party's candidate for president but nevertheless votes for another candidate. There have been 7 such Electors in this century and as recently as 1988 when a Democrat Elector in the State of West Virginia cast his votes for Lloyd Bensen for president and Michael Dukakis for vice president instead of the other way around. . . .

© 2012 The Gilder Lehrman Institute of American History

www.gilderlehrman.org

Arguments against the Electoral College

Opponents of the Electoral College are further concerned about its possible role in depressing voter turnout. Their argument is that, since each State is entitled to the same number of electoral votes regardless of its voter turnout, there is no incentive in the States to encourage voter participation. Indeed, there may even be an incentive to discourage participation (and they often cite the South here) so as to enable a minority of citizens to decide the electoral vote for the whole State.

Finally, some opponents of the Electoral College point out . . . its failure to accurately reflect the national popular will in at least two respects. First, the distribution of Electoral votes in the College tends to over represent people in rural States. This is because the number of Electors for each State is determined by the number of members it has in the House (which more or less reflects the State's population size) plus the number of members it has in the Senate (which is always two regardless of the State's population). The result is that in 1988, for example, the combined voting age population (3,119,000) of the seven least populous jurisdictions of Alaska, Delaware, the District of Columbia, North Dakota, South Dakota, Vermont, and Wyoming carried the same voting strength in the Electoral College (21 Electoral votes) as the 9,614,000 persons of voting age in the State of Florida. Each Floridian's potential vote, then, carried about one third the weight of a potential vote in the other States listed. A second way in which the Electoral College fails to accurately reflect the national popular will stems primarily from the winner-take-all mechanism whereby the presidential candidate who wins the most popular votes in the State wins all the Electoral votes of that State. One effect of this mechanism is to make it extremely difficult for third-party or independent candidates ever to make much of a showing in the Electoral College. If, for example, a third-party or independent candidate were to win the support of even as many as 25% of the voters nationwide, he might still end up with no Electoral College votes at all unless he won a plurality of votes in at least one State. And even if he managed to win a few States, his support elsewhere would not be reflected. By thus failing to accurately reflect the national popular will . . . the Electoral College reinforces a two-party system, discourages third-party or independent candidates, and thereby tends to restrict choices available to the electorate. . . .

Adapted from THE ELECTORAL COLLEGE

by William C. Kimberling, Deputy Director, FEC Office of Election Administration

© 2012 The Gilder Lehrman Institute of American History

www.gilderlehrman.org

DMU Timestamp: November 03, 2016 14:13

Added December 01, 2016 at 2:42pm by Bryan Furgal
Title: A different perspective

Arguments for the Electoral College

 

 

 

 

Proponents of the Electoral College system normally defend it on the philosophical grounds that it:

 

         contributes to the cohesiveness of the country by requiring a distribution of popular support to be elected president

 

           enhances the status of minority interests

 

         contributes to the political stability of the nation by encouraging a two-party system

 

           maintains a federal system of government and representation.

 

 

Proponents argue that the Electoral College system contributes to the cohesiveness of the country by requiring a distribution of popular support to be elected president. Without such a mechanism, they point out, presidents would be selected either through the domination of one populous region over the others or through the domination of large metropolitan areas over the rural ones. Indeed, it is principally because of the Electoral College that presidential nominees are inclined to select vice presidential running mates from a region other than their own. For as things stand now, no one region contains the absolute majority (270) of electoral votes required to elect a president . . . Such a unifying mechanism seems especially prudent in view of the severe regional problems that have typically plagued geographically large nations such as China, India, the Soviet Union, and even, in its time, the Roman Empire. . . .

 

. . . the Electoral College system is designed to work in a rational series of defaults: if, in the first instance, a candidate receives a substantial majority of the popular vote, then that candidate is virtually certain to win enough electoral votes to be elected president; in the event that the popular vote is extremely close, then the election defaults to that candidate with the best distribution of popular votes (as evidenced by obtaining the absolute majority of electoral votes); in the event the country is so divided that no one obtains an absolute majority of electoral votes, then the choice of president defaults to the States in the U.S. House of Representatives. One way or another, then, the winning candidate must demonstrate both a sufficient popular support to govern as well as a sufficient distribution of that support to govern. Proponents also point out that, far from diminishing minority interests by depressing voter participation, the Electoral College actually enhances the status of minority groups. This is so because the votes of even

 

 

 

© 2012 The Gilder Lehrman Institute of American History

 

www.gilderlehrman.org

Arguments for the Electoral College

 

 

small minorities in a State may make the difference between winning all of that State’s electoral votes or none of that State’s electoral votes. And since ethnic minority groups in the United States happen to concentrate in those States with the most electoral votes, they assume an importance to presidential candidates well out of proportion to their number. . . . Changing to a direct election of the president would therefore actually damage minority interests since their votes would be overwhelmed by a national popular majority. . . .

 

Proponents further argue that the Electoral College contributes to the political stability of the nation by encouraging a two-party system. There can be no doubt that the Electoral College has encouraged and helps to maintain a two- party system in the United States. This is true simply because it is extremely difficult for a new or minor party to win enough popular votes in enough States to have a chance of winning the presidency. Even if they won enough electoral votes to force the decision into the U.S. House of Representatives, they would still have to have a majority of over half the State delegations in order to elect their candidate—and in that case, they would hardly be considered a minor party. In addition to protecting the presidency from . . . third party movements, the practical effect of the Electoral College . . . is to virtually force third party movements into one of the two major political parties. Conversely, the major parties have every incentive to absorb minor party movements in their continual attempt to win popular majorities in the States. In this process of assimilation, third party movements are obliged to compromise their more radical views if they hope to attain any of their more generally acceptable objectives. Thus we end up with two large, pragmatic political parties which tend to the center of public opinion rather than dozens of smaller political parties catering to divergent and sometimes extremist views. . . .

 

Finally, its proponents argue . . .that the Electoral College maintains a federal system of government and representation. Their reasoning is that in a formal federal structure, important political powers are reserved to the . . . States. In the United States, for example, the House of Representatives was designed to represent the States according to the size of their population. . . . The Senate was designed to represent each State equally regardless of its population. And the Electoral College was designed to represent each State’s choice for the presidency (with the number of each State’s electoral votes being the number of its Senators plus the number of its Representatives). To abolish the Electoral College in favor of a nationwide popular election for president would strike at

 

 

© 2012 The Gilder Lehrman Institute of American History

 

www.gilderlehrman.org

Arguments for the Electoral College

 

 

the very heart of the federal structure laid out in our Constitution and would lead to the nationalization of our central government—to the detriment of the States. . . . The fact is, they argue, that the original design of our federal system of government was thoroughly and wisely debated by the Founding Fathers. State viewpoints, they decided, are more important than political minority viewpoints. And the collective opinion of the individual State populations is more important than the opinion of the national population taken as a whole. Nor should we tamper with the careful balance of power between the national and State governments which the Founding Fathers intended and which is reflected in the Electoral College. . . .

 

 

 

 

Adapted from THE ELECTORAL COLLEGE by

 

William C. Kimberling, Deputy Director

 

FEC Office of Election Administration

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

© 2012 The Gilder Lehrman Institute of American History

 

www.gilderlehrman.org

DMU Timestamp: November 03, 2016 14:13





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