Originally posted by Kidfinger
Merkin,
I sarted a thread on this a while back that might have some good info for you.
www.abovetopsecret.com...
I dont agree with the EC. IMO, the EC doesnt represent the will of the people anymore, and it hasnt for at least 100 years. The EC was formed mainly
because our forfathers thought the common person was not intelligent enough to make that choice. The reason we are given is the EC represents the
population better, where the population is smaller. The thinking goes that a candidates wouldnt even have to campaign in the lower populated states.
The ignorant thinking is that all the big cities would dictate the vote. That might have been true back in 1850, but our population is so diverse that
I dont believe the former reason still holds any water.
If you make all the candidates speak at the same places, and all the places visited covered all population counts, then I believe we could use the
popular vote to determine the president.
Wow...nothing personal here Kidfinger, really I mean it so please do not get mad, but this comment shows you do not understand the concept of the EC.
Originally the United States of America was composed of 50 sovereign countries (Or as was then know as "states"). Under the Articles of
Confederation (1), the United States was more like what the EU is now. The idea behind the EC was that each state was lead by a governor. The Governor
was essential the president of that state. An interesting note is that from 1777 - 1789, the United States did not have a President. The 10 men who
were "president" were simply the leader of the senate. This was one of the many problems that lead to the adoption of a CEO position in the
Constitution. Now the debate as to how the states would come to decide who would lead the "Federation" under the constitution was a very heated
debate. Small states had the same amount of votes as large states. This was an idea that really irked the larger states, such as Virginia and New
York. To finally break this impasse a bicameral congress was set up. This made all partys happy.
The intent behind the EC was not to have a way of confusing or fooling the electorate about the process of presidential election. Rather, the intent
was to allow states to decide in their own way, who was to be their candidate for president. Any change to the EC process would be a violation of the
Constitution on two levels. The first of which would be what I have listed below.
Section. 1.
Clause 1: The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years,
and, together with the Vice President, chosen for the same Term, be elected, as follows
Clause 2: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators
and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or
Profit under the United States, shall be appointed an Elector.
Clause 3: The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of
the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall
sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of
the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The
Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if
there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately choose by Ballot
one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner choose the
President. But in choosing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this
Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every
Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there
should remain two or more who have equal Votes, the Senate shall chose from them by Ballot the Vice President. (3)
The second reason related to another portion of the U.S. Constitution.
Amendment 10 of the United States Constitutions states:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively,
or to the people."(4)
Therefore since, as we have seen above, the Constitution make no commands on how each state should elect their EC voters, any attempt by any member
of the federal government to pass a law requiring a popular vote for the president of the United States would be, not just unconstitutional, but a
civil rights violation. The only way to change this would be a new constitutional amendment (5). This process is a bit tougher and would be ultimate
unsuccessful.
(1):
fixedreference.org...
(2):
www.usatoday.com...
(3)
www.house.gov...
(4)
www.law.cornell.edu...
(5)
www.law.cornell.edu...
[edit on 24-11-2004 by Imperium Americana]