Electoral College fights for the American voice

Do you know why the founding fathers of this country instituted the Electoral College? The founders did not want a direct popular vote; a concern was that the most populated states would control the vote. Another concern was that individual voters might not have sufficient information to elect a president, so electors are what we are actually voting for on Election Day.

Some suggested that Congress should select the president, but the concern was that might compromise checks and balances. Other ideas discussed were that each state would cast a single vote, but the more populated states opposed that. In 1787, the Connecticut compromise was adopted.

The most populated states like Virginia wanted to count everyone to include slaves, but the less populated states were opposed to that, so part of the Connecticut Compromise was to agree to count slaves as three-fifths of a person. In several states free slaves could vote, and in some states only landowners could vote. Counting a slave had nothing to do with evil; it was simply a compromise to give fewer votes to slave states, which had more people than less-populated free states. The founders were very concerned with preserving states’ rights.

The founding fathers were always concerned with larger states or populated areas having greater voice than less populated areas. This is why each state has two senators — giving equal voice to low population Wyoming and high population California. Another concern was that direct popular vote might see a president elected that is more devoted to California and New York than Wisconsin, Iowa or Nebraska.

The Electoral College gives you voice. Many in America are leading the charge to eliminate the Electoral College. How the Electoral College is put together and how it works is described in the U.S. Constitution Article II, Section 1 and in the 12th and 25th amendments.

The founding fathers did not want a parliament, and they did not want a democracy. A concern of the founding fathers regarding a popular vote (democracy) was that emotion and passion could rule the day, resulting in mob rule. The founders wanted reason and law to rule the day.

The founders did not want a parliament because the leader and parliament are equal. They wanted the leader to be separate but equal to the elected representatives, providing a check and balance.

The founders wanted a representative republic, and the Electoral College is a critical part of this. In the Electoral College system, the voters vote for electors. The Electoral College assures a reasonable outcome and not oppression by the mob.

How many electors does each state get? Total electors for each state are equal to its two senators and the number of congressional representatives. This system was designed to force presidents to pay equal attention to the least populated state. The founders also believed in the concept of federalism. They believed that the Electoral College would enforce the sharing of power between states and a national government preserving states’ rights.

Today many want to eliminate the Electoral College and your voice. Their argument against the Electoral College is based on emotion which stimulates passion. They say the popular vote is the only fair way. The argument today’s liberals make sounds much like the concerns expressed by the Founding Fathers regarding a straight popular vote or a democracy.

Remember what President Barack Obama said, “We want to fundamentally change America.” Liberals dislike the U.S. Constitution because it constricts what they want to do. Their justification is that it is outdated and does not represent today’s thinking.

Today most states (not all) grant 100% of the electors to the party that wins that state’s popular vote. That was not always true. According to an article by Sarah Pruitt, until the mid-1800s, it was common for many state legislatures to simply appoint electors. U.S. Constitution Article II, Section 1 gives the states the power to select the electors to the Electoral College: “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 etc.”

What happens if there is a problem? What if the election is determined to be corrupt either by investigation or declared so by a court? We can look to the Pennsylvania Assembly in 2020. State Sen. Doug Mastriano indicated that Pennsylvania Republicans are considering taking back the power to select electors based on mounting evidence of voting irregularities and fraud. Mastriano stated, “If this is the case, under Article II, Section 1.2 of the U.S. Constitution, the state legislature has the sole authority to direct the manner of selecting delegates to the Electoral College.”

The 2020 presidential election is a contested election. If the ongoing lawsuits provide proof and courts decide that specific state elections cannot be certified by popular vote count, Pennsylvania and other state assemblies may take back the power to choose the electors per the U.S. Constitution.

Thomas Jefferson understood that the purpose of law was to protect the individual, as it was the smallest of minorities: “All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression.”

Richard W. Kucksdorf is a retired U.S. Army colonel residing in Bonduel. Kucksdorf has other writings on his website, “Observations From Flyover Country,” at rwkucksdorf.com.