The
people of the United States elect a president every four years, but not
directly. Last night my family
shared a meal with some friends and we watched what was taking place in our
nation. During
the day and evening questions were asked about the Electoral College. How does it work? What is the importance of it? Even, why do we have it? Well, here are some thoughts on how it works
and why we have it.
1. Every four years, in
November it is called a presidential election year. Each state holds an election for
president in which all eligible citizens may vote. Today citizens vote for a
"ticket" of candidates that includes a candidate for president and a
candidate for vice president.
2. The outcome of the vote in
each state determines a slate of electors who then, in turn,
make the actual choice of president and vice president. Each state has as many
electors as it has senators and members of the House of Representatives, for a
total of 538. (The District of Columbia gets three electors even though
it has no representation in Congress.)
3. In December, the electors
meet in their respective state capitols to cast their ballots for president and
vice president. States may or may not require their electors to vote with the
popular majority, and they may or may not give all of their electors to the
winner of the statewide popular vote.
4. These ballots are opened,
counted, and certified by a joint session of Congress in January.
5. If no candidate wins a
majority of the electoral votes or if the top two candidates are tied, the
House of Representatives selects a president from among the five candidates
with the most votes. Each state's delegation has a single vote. The Senate
selects a vice president by the same process. (This hasn't happened since 1876,
but it almost happened in 2000.)
What
does this mean in practice? It means, that the candidate who receives the most
votes nationwide does not necessarily become president. The reason for this is there is
no national election for president, only separate state elections! For a
candidate to become president, he or she must win enough state elections to
garner a majority of electoral votes. Presidential campaigns, therefore, focus
on winning states, not on winning a national majority.
It also
means that — at least in theory — electors can spoil the popular will and vote
for a candidate not supported by the voters of their state. In practice,
however, electors are pledged to cast their votes in accordance with the
popular vote, and "faithless electors" who go against the popular
vote are extremely rare.
The
question is often raised: Why not a popular vote? Here is an attempt to give some modern and
historical perspectives:
In 1787, no nation like the United States existed
anywhere in the world. The
"founding fathers" were debating many aspects of government. Practices and policies alike were often
intensely debated. They often looked to history,
philosophy, and the Bible for guidance and understanding. Through this process it became clear what
they did and did not like about existing governments in Europe and around the
world. Not all of them agreed — in
fact, many of them disagreed completely with one another. At times they even had heated debates both in
person and on paper via letters sent to one another. Debates on important issues such as how much
power the people should have, how much power the states should have and the
roles and power limitations of all the branches of our government were hot
topics. When it came to the Electoral College
this system was a compromise on two important issues:
1. The first
was how much power the people
should have.
2. The second
was how much power small and
large states should have.
When
considering the Electoral College these are two central issues. In 1787, it was not at all clear whether “democracy”
would work. In fact "democracy" was a bit of an uncertainty in the minds
of many. The idea of a true democracy raised
fears of mob rule. This had happened in
a few places during and after the Revolution and many wanted to ensure it did
not happen again. It is important to
keep in mind that The United States was intended as a Republic not a Democracy,
in which the people would govern themselves only
through elected representatives.
Because
the role of the president was so important, most of the framers thought that
the people couldn't be trusted to elect the president directly. Instead, they
should elect electors, who would convene as
a "college of electors" to
consider the available candidates and pick the best man for the job.
Before
the Revolution, the British colonists did not have much awareness of being an American.
They may have identified themselves instead with the British Empire and with
their own colonies. Even after the Revolution, loyalty to one's state often still
came first. The Constitution was intended to unite the states under a single
national government — but not entirely. Small states like New Jersey feared
that if they formed a union with the other twelve states, they would be
swallowed up under the influence of more populous states like Virginia and New
York. Virginia and New York, of course, thought that they should have the most
influence. That is why the states have equal representation in the Senate but
representation by population in the House of Representatives: it was a
compromise that allowed large states to “let their voice” be heard but still
allowed small states to keep their identities and fight for their interests.
When it
came to voting for president, the framers of the Constitution decided that the states should do the voting, not the people.
It is important to keep in mind that there was no consciousness of the United
States as a single nation; it was, literally, a union of separate states. So
voting for president was to take place by state, so that each state could have
its say. The compromise between big and small states was extended to the
Electoral College, so that each state has as many electors as it has senators
and members of the House of Representatives combined. Big states still have the
most influence, but small states aren't completely lost in the national vote.
It was up to the states to decide how they ought
to vote for their electors — and to a great extent still is, in fact. There is no national election for
president, but rather fifty-one separate elections, one in each state and one
in the District of Columbia. In the beginning, state legislatures voted for
electors, who in turn voted for the president and vice president. Electors were
free to vote for the candidate of their choice, but over time they were
increasingly elected because they supported a particular candidate. By 1832,
every state but South Carolina held direct elections for president, and
electors were effectively bound to vote for a particular candidate. (South
Carolina held out until 1864.)
Today, of course, every state allows citizens to
vote. Then it is the duty of the
Electoral College to officially elect the President and Vice President of the
United States. Today, the number of
electors is 538, based on the total voting membership of the United States
Congress (435 Representatives and 100 Senators) plus three electors from the
District of Columbia.
The electors are still not legally bound to vote
for any particular candidate. An elector could, in theory, throw his or her
vote to any candidate! Since each
candidate has his or her own slate of electors, however, and since the
electors are chosen not only for their loyalty but because they take their
responsibility seriously, this almost never happens. (It last happened in 1988,
when it had no impact on the outcome of the election.) Some states have laws
requiring electors to cast their votes according to the popular vote.
In addition, a state doesn't have to throw all of
its electors behind the candidate that receives the most popular votes in that
state. Two states, Maine and Nebraska, assign one elector to the winner of each
Congressional district and the remaining two electors to the candidate with the
most votes statewide.
The original Constitution also did not take into
account the development of political parties. Electors were to vote for two candidates
for president. The man with the highest number of votes that was a majority
became president, and the man with the second highest number of votes became
vice president. In 1800, however, the Democratic-Republican Party nominated
Thomas Jefferson for president and Aaron Burr for vice president, and because
there was no separate voting for the two offices, the two men tied in the
electoral college. The House of Representatives had to decide the issue.
Afterwards, the 12th Amendment to the Constitution was passed, changing the
system to what we see practiced today.