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Does the Electoral College need to be reformed? The only point in this election where the possibility of either of the candidates losing the popular vote but still claiming an electoral victory was on July 30, when a FiveThirtyEight model showed Clinton clinching the popular vote by less than 1 percent, but still losing to Trump by two electoral votes. What happens if a candidate with electoral votes dies or becomes Three happened in the 19th century; none in the 20th century and two in the 21st century. A Constitutional Amendment to Abolish the Electoral College How the Electoral College helps preserve our constitutional system. 1. As a result, Republicans and Republican state governments are incentivized to maintain the current system. Why, or why not? In the video above, we delve into the reasons people give for keeping the Electoral College and why theyre wrong. What Is the Electoral College and Why Was It Created? - History It also means the road to any kind of reform is fraught with political potholes, particularly when the removal of such a system clearly benefits one party at the expense of another. Do you agree with him that the winner-take-all system that most states use for the Electoral College is undemocratic and unfair? {{currentYear}} American Bar Association, all rights reserved. What would happen if the Electoral College was abolished? How the Electoral College Was Nearly Abolished in 1970 - History Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. [2] Both chambers of the New Hampshire legislature are currently controlled by Democrats; however, the 2020 elections shifted both chambers to Republican control. Students 13 and older in the United States and the United Kingdom, and 16 and older elsewhere, are invited to comment. The founders fought like cats and dogs over how the president should be chosen. Well, American democracy operates on a whole collection of cherished ideas and practices, but our system also includes some dusty old artifacts from its founding two centuries ago. Each of those states has Democratic control of the state legislature. This is just one way the legacy of slavery still taints our politics today. But the reality is, right now neither the small states nor the big ones have the voice they should. In this extraordinarily strange election year, debating the Electoral College might seem an odd pastime when so many other issues concern us. Gronke asks. Polls from FiveThirtyEight polls-only forecast have predicted Clinton receiving a majority popular vote of 49.7 percent, with Trump behind at 43.3 percent. There are currently 538 electors up for grabs in an election, which means a majority of 270 is necessary to elect the President. It is within a states authority under Article II, Section 1 to impose a fine on electors for failing to uphold their pledge, the court said in an 8-1 opinion. The 2010 census is therefore valid for the 2012, 2016, and 2020 Presidential elections. Suddenly, every voter will count, no matter where they live. 1, that Democrats will win a popular vote every time. For years, a majority of Americans have opposed the Electoral College. The general threshold that an election result must reach to trigger an automatic recount is a difference of 0.5% of the vote or less. But there is something called the National Popular Vote Compact. The compact would only go into effect once the number of states involved surpasses the 270 Electoral College vote threshold that is required to win the presidency. Maine and Nebraska, however, have enacted the congressional district method, which allocates one electoral vote to the winner of the popular vote in each state-drawn district. It is no secret that the administrations of Bill Clinton, George W. Bush and Barack Obama all suffered, from the outset, from efforts to imply that there was something improper and unworthy or even suspicious in their elections. And sure, the last two times the Electoral College has awarded the White House to the popular-vote loser, its been to the Republican Donald Trump in 2016 and George W. Bush in 2000. Smaller States & the entire Midwest would end up losing all power - & we cant let that happen. Myth No. They simply happen to be states that become competitive because of their demography, and which are readily identifiable as such because of the increasing sophistication of political polling. However, it is possible to win the presidency without winning the popular vote. George W. Bush won the Electoral College in 2000 even though he received 0.5% less of the popular vote against Al Gore. And because they created it, its a sacred work of constitutional genius. First, and most obviously, such a system would conform to the dominant democratic value that has prevailed in American politics ever since the one-person, one-vote reapportionment rulings of the early 1960s. Stanford, California 94305. An example of a state closely split by congressional district is Florida in 2016, where Trump won in 14 of them and Clinton won in 13. . During the 2020 election cycle, there are several candidates who are promising to work on doing just that. 2) The Electoral College ensures that different parts of the country, such as Iowa and Ohio, are involved in selecting the president, rather than just the most populated areas. Its primary function is to malapportion political power, and it does so indeed, has always done so with strikingly awful. Why? Hillary Clinton won. 4. But as people moved and the economy changed so did that ratio. For instance, if a hotly contested state like Wisconsin broke for the candidate who lost the popular vote, eight of its ten electoral votes would be added to their tally. ## For the purposes here, all electoral votes in a given state were awarded to the proper winner, thus attributing faithless electors to the proper candidate. We should be talking about other things. Hamilton believed that it would prevent the Office of the President from falling into the lot of a person who was not endowed with the requisite qualifications to serve the American people. Thats when the Founding Fathers crafted a compromise between those who argued for the election of the president by a vote of Congress and the election of the president by a popular vote of qualified citizens. "You look at the Florida situation we had in 2000 that already took a lot of time and effort, but imagine if that was done across the country. Reagan also dominated in 1980, taking 489 votes to Jimmy Carters 49. Adding even more candidates into this discussion without the protections of this structure could create circumstances where someone with less than 35% of the vote could potentially win a four-year term. 326 Galvez Street Including prescription drug benefits and all seniors at every income level. But they spend almost no time talking about issues that matter to millions of voters elsewhere, like public transportation in New York or climate change in California. Click the links below for answers to these frequently asked questions. 4. Stanford University. Parties must obtain no less than 7% of votes - either on their own or in alliance with other parties - in order to enter . Its also the only place where the District of Columbia functions as a state since the 23rd Amendment allocates 3 electors to it. Whether youre Republican or Democrat, the Electoral College is unfair. What I learned is it doesnt have to be this way. Remember what we said back in Myth No. Warren Focuses On Policy, Which Looks Like A Tough Sell With Voters, Which Democrats Are Running In 2020 And Which Still Might. 7. By Michael W. McConnell, the Richard and Frances Mallery Professor of Law, director of the Constitutional Law Center and a senior fellow at the Hoover Institution. The amendments Fully overhauling the way the president is selected would take a Constitutional amendment, which would require the votes of two-thirds of. Frances C. Arrillaga Alumni Center The Electoral College Will Destroy America, The Battleground States Biden and Trump Need to Win 270, free daily writing prompts for remote learning. Every four years, tens of millions of Americans votes magically disappear before the real election for president happens about six weeks after Election Day, when 538 electors convene in state capitals across the country to cast their votes for president. And this was an effort that was supported by the AFL-CIO, the Chamber of Commerce, the American Bar Association, and progressive and liberal groups outside. Kitty on Twitter: "RT @Valkary: THE ELECTORAL COLLEGE 61% of Americans Support Abolishing Electoral College - Gallup.com But if youre a voter in the United States, theres a really good chance your vote doesnt count the way you think it does. 2023 BDG Media, Inc. All rights reserved. Presidential candidate Sen. Elizabeth Warren, D-Mass., at an organizing event in February. There were two additional votes for Sanders that were invalidated in Minnesota and one for Kasich in Colorado. For one thing, slavery. .just the large States - the Cities would end up running the Country. Now is the time for sober and spirited citizens from both parties to devise a new system for 2020. The NPV would effectively abolish the Electoral College and co-opt even those states who did not join the compact into accepting an electoral regime they never agreed to or approved. But the fact is that we are now one country, whereas in 1789 we were 13 colonies desperately trying to hold onto some semblance of their independencehence a political deal was struck that now threatens the very democracy for which they were trying to create a lasting framework. Around six-in-ten U.S. adults (63%) say the way the president is elected should be changed so that the winner of the popular vote nationwide wins the presidency, while 35% favor keeping the current Electoral College system, according to a Pew Research Center survey conducted June 27-July 4, 2022. Or does the Electoral College work the way its supposed to, even if the candidate who wins the most votes loses? As far as the 2016 election is concerned, Hillary Clinton would still be the likely winner if the Electoral College didn't exist. That means the information receives an update every 10 years. Its how we run every election in the country, except the most important one of all. Learn more here. They want the option to select a president based on who gets the most votes nationally. Were already letting women, former slaves, and 18-year-olds vote, changing the structure of the election since the countrys founding. The Electoral College has been the subject of debate since it was first implemented centuries ago, but when George W. Bush won the presidential election in 2000 despite Al Gore winning the popular vote, controversy surrounding the institution rose to a much more intense degree. In a polarized political environment, such an institutional structure remains entrenched. The presidential election is held every four years on the Tuesday after the first Monday in November. Here's What Critics Say Is Wrong With The Electoral College : NPR The size of a state does not affect our real political preferences, even though the Electoral College system imagines that it does. 3. Bible Commentary Bible Verses Devotionals Faith Prayers Coloring Pages Pros and Cons, 7 Uplifting Prayers for Desperate Situations, 50 Biblically Accurate Facts About Angels in the Bible, 50 Most Profitable Youth Group Fundraising Ideas for Your Church, 250 Ice Breaker Questions for Teen Youth Groups, 25 Important Examples of Pride in the Bible, Why Jesus Wept and 11 Lessons from His Tears, 25 Different Ways to Worship God and Praise the Lord. So what would happen if we got rid of the Electoral College? Not one was a first-rank president, but their selection did not seriously injure the democratic character of our system. PDF It's time to abolish the Electoral College - Brookings Presidential electors are not more qualified than other citizens to determine who should head the government. If that occurs, the court might provide states additional guidance on just how much leeway they have to impact the Electoral College vote that decides the presidency of the United States. But dont forget, Bush won the popular vote four years later by three million votes. In 1892, the court upheld inMcPherson v. Blackerthat Congress can set the date nationally for the Electoral College to meet, but it also said that the states could determine how electors were apportioned and chosen. And the most recent major occasion took place in 1969, 1970, when there was a strong bipartisan effort to abolish the electoral college and have us utilize a national popular vote. Continually updated tools and resources to help move your practice and the legal profession forward during COVID-19 and beyond. Source: Daily Kos Elections. Generally, we count on the Republican and Democratic parties to nominate not the best people, but candidates who combine a degree of popular support with the experience and temperament to govern. Without the Electoral College, big states like California and New York would dominate elections. As Americans look at their election processes, a complete review of the pros and cons of abolishing the Electoral College is useful when taking this unique structure into account. Most Americans would breathe a sigh of relief, I believe, if we had a system capable of choosing the U.S. equivalent of Theresa May instead of Donald Trump or Hillary Clinton. Democracy is, at its core, about fair, equal representation one person, one vote. Lauren Wesley Wilson Is Making WHCD Weekend More Inclusive, Dylan Mulvaney Wanted To Be An Actor, Not An Activist, Olivia Munn & John Mulaney's Meet Cute 8 Years Ago At A Wedding Is Relatable, 10 Times Tom From 'Succession' Was Actually Mr. Darcy, Get Even More From Bustle Sign Up For The Newsletter. Third, a national election might provide a cure for the delegitimation of presidential authority that has afflicted the last three presidencies. (John . This reflects how uncommon it is to reach the Oval Office without winning the popular vote; it has only happened four times in United States history. Sticking to the electoral college format allows us to use electors as intended instead of relying on all of the votes counting. The Electoral College was created by the framers of the U.S The distinction matters. Alternative 1: Two electoral votes to national popular vote winner; state winner-take-all for the remainder, *Each of these races included faithless electors, such that the total of electoral votes, as shown, does not equal 538. The only states that matter to either party are the battleground states especially bigger ones like Florida and Pennsylvania, where a swing of a few thousand or even a few hundred votes can shift the entire pot of electors from one candidate to the other. This isnt a partisan issue its a fairness issue. Should We Abolish the Electoral College? | STANFORD magazine A New Mexico doctor describes the pain and horror of caring for COVID-19 patients. It should be noted, there is debate about the permissibility of such a proposal and its going into effect would likely face a flurry of lawsuits. If you live in a state where youre in the political minority, your vote is effectively erased. This process means that each candidate must speak with the entire country instead of visiting the largest cities as a way to solicit for votes. However, in the five presidential elections of the 21st century, two ended up with the winner of the popular vote losing the Electoral College. Such an effort would likely receive little or no Republican support. Do you think this means the system is broken? TheNational Archives reportsthat over the past 200 years more than 700 proposals have been introduced in Congress to reform or eliminate the Electoral College without any becoming law. Now, Trump feels the Electoral College is "far better for the U.S.A." as he wrote Tuesday on Twitter. Source: Daily Kos Elections. 10. There would need to be a Constitutional amendment if the compact idea doesnt work. This isnt rocket science. This design promotes the two-party system. This imbalance is primarily a 21st century phenomenon and it could, of course, change in the years to come as some states grow and other states shrink in population. It's another way the system ensures it's perpetuity. But under this system, those Republican votes might as well not exist. 3Qs: Should the Electoral College be abolished? - News The supporters of the NPV are not hiding their goal: They are trying to circumvent the AK constitutional amendment process and manipulate the Electoral College out of existence.11. But the Electoral College is worse than merely useless. And so each Electoral College vote in a small state like Delaware or Wyoming is worth more than an Electoral College vote in a big state like California. To this day, people are still arguing that Al Gore was the real winner and debating whether the recount in Florida was accurate the state whose electors propelled Bush to the top. Getting Rid Of The Electoral College Isn't Easy - Bustle When enough states join in this interstate compact, itll mean that the popular-vote winner will always become president. If the Electoral College was eliminated, the power to elect the President would rest solely in the hands of a few of our largest states and cities, greatly diminishing the voice of smaller populated states. Gary Gregg, who leads the McConnell Center at the University of Louisville, says that if today's system over-privileges rural states, a national popular vote would be just as unfair in the opposite direction. Mr. Wegman argues that reforming the Electoral College isnt a partisan issue its a fairness issue. Jesse Wegman, a member of the New York Times editorial board and author of the book Let the People Pick the President: The Case for Abolishing the Electoral College, explains: American democracy isnt just quirky its also unfair. When Americans are polled about the Electoral College, most of them say that they want it to disappear. In 2016, the results were even more dramatic. If, say, environmental sustainability or abortion or the Second Amendment is your dominant concern, it does not matter whether you live in Wyoming or California, Pennsylvania or Delaware. Electoral college reform: What would happen if Congressional districts I think it would make more sense to split the electoral votes based on the state-wide vote so if a state has 10 electoral votes and the election goes 60% to 40%, the candidates gets 6 votes and 4 votes respectively. Amending the Electoral College: The 12th Amendment Yes. In the history of the United States, there have been five elections where the eventual winner didnt receive a clear majority of the vote. Both times in 2000 and 2016 it was the Republican candidate who got fewer votes but ended up in the White House. Over 2.8 million more people voted for Hillary Clinton instead of Donald Trump, but it was Trump who won the White House because of the results of the electoral map. Technically, it is . Although there are some advantages to this system, the disadvantages have been highlighted in recent elections. It was replaced by party conventions, which eventually were replaced (almost) with strings of single or multiple state primaries and caucuses. Does this interactive influence how you feel about the Electoral College? Right now, those circumstances tend to benefit Republicans in the Electoral College, while disadvantaging Democrats who have won the popular vote in seven of the last eight elections. Could Washington administer a national recount in the event of a close result? The election, as Mr. Trump would say though not for the right reasons is rigged. After a long battle in Florida Bush won the state narrowly, giving him an Electoral College victory of 271 to 266 over Al Gore. Hillary Clinton won the popular vote by 2,868,686 and yet lost the Electoral College vote: 304 for Trump and 227 for Clinton. Second, a national popular vote would eliminate the battleground state phenomenon that has now become the key feature of post-convention campaigning, leaving most Americans alienated from the decisive phase of presidential elections. Hans von Spakovsky, Destroying the Electoral College: The Anti-Federalist National Popular Vote Scheme, Heritage Legal Memorandum No. Social change can seem sudden, as if millions awoke one day to the same realization. Even when it is against the law for these folks to vote for someone other than what the electoral results in their state indicate, there is always an option to become a faithless elector under the American structure. This Student Opinion prompt and a related Lesson of the Day will prepare students to participate in our live panel discussion about the Electoral College, on Oct. 22 at 1 p.m. Eastern. In fact, there is already a movement brewing among states to agree to award their electors to whichever candidate wins the national popular vote. They are simply party loyalists who do not deliberate about anything more than where to eat lunch. In winner-take-all states, all electoral votes cast for the state are assigned to the candidate who gets the most electoral votes. Third, defenders of the Electoral College also claim that it supports the underlying value of federalism. But the Constitution and the courts have allowed the states some leeway to make changes to how their Electoral College representatives are chosen. Only two Republicans voted for someone other than Trump and Pence. 6. No more Electoral College? Here's how campaigning might change It is true that the Electoral College no longer serves its original purposes, and that it creates a grave risk that a candidate not favored by a majority of the people will, from time to time, be elected president. The political game in the United States would change dramatically without the Electoral College present. Still, the advantages are uncertain and relatively minor. It would stop the requirement to redistribute the electoral votes. Faith in elections, trust in government, and the legitimacy of elected officials and the offices they hold will be challenged by a system that consistently turns its back on the will of the voters. Paul Krugman, my Opinion colleague, wrote Thursday that "the idea that the economy is going to pose a huge problem for Democrats next year isn't backed by the available data.". But explaining exactly how it does this remains a mystery. The founders opted for the Electoral College because the two leading alternatives, election by Congress and by popular vote, were thought to have serious defects. In each case, the number of faithless electors who exercised that behavior would not have had a meaningful impact on the outcome. Why? There have been a total of five candidates who have won the popular vote but lost in the Electoral College, with the most recent cases occurring in the 2016 and 2000 . In part, that is because the Electoral College is constitutionally mandated, and abolishing it would require a constitutional amendment. But its worth taking a closer look at arguments in favor of keeping the status quo. John Kasich, a Republican, even though Colorado law required electors to cast their votes for state-winner Hillary Clinton, a Democrat. Note: A previous version of this post stated that awarding 2 electoral votes per state (plus D.C.) to the national popular vote winner would form a baseline of 138 votes. Editors Note: In 2016, we asked two professors to debate whether the Electoral College should cease to be the mechanism used for selecting the U.S. president.
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