Electoral College

Can You Quantify Our Form of Government Into Simple Equations?

Published by Papa Giorgio

This is an old video, but someone just posted it on a Facebook group — what follows is my Facebook response as well as additional thoughts. Here is the video that prompted the below:

On the surface I can understand how someone would FEEL this describes reality. But our body politic is more complex than the above video would like to prescribe as reality. In fact, the video sets up a straw man [something that does not exist], and then attacks it as if it were the case.

Here is my response on Facebook:

FACEBOOK RESPONSE

Hey, I know our system is corrupted… but the video notes at around the 30-second mark:

  • This axis represents the likelihood of Congress passing a law that reflects any of these ideas from 0% to a 100% chance on this graph, an ideal republic would look like this: if 50% of the public supports an idea, there’s a 50% chance of it becoming law. If 80% of US support something, there’s an 80% chance.

I am sorry. That idea is explaining an ideal Democracy, which our Founders wholeheartedly rejected.

It reminds me of a call of a young black man into the Larry Elder Show where Larry was getting clarification [if he had misheard the young man], or, confirmation [if he had heard the man correctly].

Larry mentioned that “Ferguson is 57% black. What percentage of the arrest should be black people?

The caller responded: “57.”

Larry goes on to make an analogy about the NBA being a majority black players and asks – rhetorically – why the NBA isn’t 70% white? He answers himself by saying that the NBA is based on merit…

Similarly, Larry notes, arrests are based on crime. Not race. Arrests are merit based. So the PERCENTAGES don’t always match population.

Just like in a Republic. You have three forms of “checks and balances” that are supposed to be based in the Constitutional limiting of federal government powers and metering out state control over what is not clearly enumerated for the federal government to act on.

THIS has become corrupted over time, granted, but the “exact percentage” of something “becoming law” [in this video] does not reflect at all – all the variabilities in the struggle to pass something. The Founders didn’t want it easy like 60% says “a” therefore “a” should happen or become law.

In a pure Democracy however, the percentages would match. This video is made during a time where the Dems were [and still believe] pushing for the Electoral College to be abolished. This would effectively be a main driver to getting us to a pure Democracy. Something no one should want:

James Madison (fourth President, co-author of the Federalist Papers and the “father” of the Constitution) – “Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have, in general; been as short in their lives as they have been violent in their deaths.”

John Adams (American political philosopher, first vice President and second President) – “Remember, democracy never lasts long.  It soon wastes, exhausts, and murders itself.  There never was a democracy yet that did not commit suicide.”

Benjamin Rush (signer of the Declaration) – “A simple democracy… is one of the greatest of evils.”

Fisher Ames (American political thinker and leader of the federalists [he entered Harvard at twelve and graduated by sixteen], author of the House language for the First Amendment) – “A democracy is a volcano which conceals the fiery materials of its own destruction.  These will provide an eruption and carry desolation in their way.´ /  “The known propensity of a democracy is to licentiousness [excessive license] which the ambitious call, and the ignorant believe to be liberty.”

Governor Morris(signer and penman of the Constitution) – “We have seen the tumult of democracy terminate… as [it has]  everywhere terminated, in despotism….  Democracy!  Savage and wild.  Thou who wouldst bring down the virtous and wise to thy level of folly and guilt.”

John Quincy Adams (sixth President, son of John Adams [see above]) – “The experience of all former ages had shown that of all human governments, democracy was the most unstable, fluctuating and short-lived.”

Noah Webster (American educator and journalist as well as publishing the first dictionary) – “In democracy… there are commonly tumults and disorders…..  therefore a pure democracy is generally a very bad government.  It is often the most tyrannical government on earth.”

John Witherspoon (signer of the Declaration of Independence) – “Pure democracy cannot subsist long nor be carried far into the departments of state – it is very subject to caprice and the madness of popular rage.”

Zephaniah Swift (author of America’s first legal text) – “It may generally be remarked that the more a government [or state] resembles a pure democracy the more they abound with disorder and confusion.”

(MORE HERE)

Take note that as well Article IV, Section 4 of the Constitution reads:

  • “The United States shall guarantee to every state in this union a republican form of government…“

Not “republican,” as one “political party, the GOP,” but as a “form” of government. So what is an example of the corruption of the “Consent of the Governed”?

[….]

Having discussed issues FOR YEARS with those on the other side of the aisle, I knew the response would still be similar to the caller into the Larry Elder Show. There is a “disconnect” on the Left that just doesn’t pick up simple underlying ideas. Here is the response as well as me responding…

[….]

…END OF MY FB RESPONSE… adding more info for my reader.

An important phrase in my mind’s eye is the phrase, “Consent of the Governed.” That is found in the Declaration of Independence. Here is an excerpt of the idea/phrase via the Declaration of Independence:

  • We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. 

Here are two large excerpts about this from THE HERITAGE FOUNDATION that I wish to share so the reader understands that the topic isn’t as “neat and tidy, or, simple” as the OP video makes it out to be with simple percentages.

[CONSENT]

…Part of the reason for the Constitution’s enduring strength is that it is the complement of the Declaration of Independence. The Declaration provided the philosophical basis for a government that exercises legitimate power by “the consent of the governed,” and it defined the conditions of a free people, whose rights and liberty are derived from their Creator. The Constitution delineated the structure of government and the rules for its operation, consistent with the creed of human liberty proclaimed in the Declaration.

Justice Joseph Story, in his Familiar Exposition of the Constitution (1840), described our Founding document in these terms:

We shall treat [our Constitution], not as a mere compact, or league, or confederacy, existing at the mere will of any one or more of the States, during their good pleasure; but, (as it purports on its face to be) as a Constitution of Government, framed and adopted by the people of the United States, and obligatory upon all the States, until it is altered, amended, or abolished by the people, in the manner pointed out in the instrument itself.

By the diffusion of power–horizontally among the three separate branches of the federal government, and vertically in the allocation of power between the central government and the states–the Constitution’s Framers devised a structure of government strong enough to ensure the nation’s future strength and prosperity but without sufficient power to threaten the liberty of the people.

The Constitution and the government it establishes “has a just claim to [our] confidence and respect,” George Washington wrote in his Farewell Address (1796), because it is “the offspring of our choice, uninfluenced and unawed, adopted upon full investigation and mature deliberation, completely free in its principles, in the distribution of its powers uniting security with energy, and containing, within itself, a provision for its own amendment.”

The Constitution was born in crisis, when the very existence of the new United States was in jeopardy. The Framers understood the gravity of their task. As Alexander Hamilton noted in the general introduction to The Federalist,

[A]fter an unequivocal experience of the inefficacy of the subsisting federal govern­ment, [the people] are called upon to deliberate on a new Constitution for the United States of America. The subject speaks its own importance; comprehending in its consequences nothing less than the existence of the Union, the safety and welfare of the parts of which it is composed, the fate of an empire in many respects the most interesting in the world.

Several important themes permeated the completed draft of the Constitution. The first, reflecting the mandate of the Declaration of Independence, was the recognition that the ultimate authority of a legitimate government depends on the consent of a free people. Thomas Jefferson had set forth the basic principle in his famous formulation:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men deriving their just powers from the consent of the governed.

That “all men are created equal” means that they are equally endowed with unalienable rights. Nature does not single out who is to govern and who is to be governed; there is no divine right of kings. Nor are rights a matter of legal privilege or the benevolence of some ruling class. Fundamental rights exist by nature, prior to government and conventional laws. It is because these individual rights are left unsecured that governments are instituted among men.

Consent is the means by which equality is made politically operable and whereby arbitrary power is thwarted. The natural standard for judging if a government is legitimate is whether that government rests on the consent of the governed. Any political powers not derived from the consent of the governed are, by the laws of nature, illegitimate and hence unjust.

The “consent of the governed” stands in contrast to “the will of the majority,” a view more current in European democracies. The “consent of the governed” describes a situation where the people are self-governing in their communities, religions, and social institutions, and into which the government may intrude only with the people’s consent. There exists between the people and limited government a vast social space in which men and women, in their individual and corporate capacities, may exercise their self-governing liberty. In Europe, the “will of the majority” signals an idea that all decisions are ultimately political and are routed through the government. Thus, limited government is not just a desirable objective; it is the essential bedrock of the American polity.

[CHECKS AND BALANCES]

A second fundamental element of the Constitution is the concept of checks and balances. As James Madison famously wrote in The Federalist No. 51,

In framing a government which is to be administered by men over men, the great difficulty lies in this: You must first enable the government to controul the governed; and in the next place oblige it to controul itself. A dependence on the people is, no doubt, the primary controul on the government; but experience has taught mankind necessity of auxiliary precautions.

These “auxiliary precautions” constitute the improved science of politics offered by the Framers and form the basis of their “Republican remedy for the diseases most incident to Republican Government” (The Federalist No. 10).

The “diseases most incident to Republican Government” were basically two: democratic tyranny and democratic ineptitude The first was the problem of majority faction, the abuse of minority or individual rights by an “interested and overbearing” majority. The second was the problem of making a democratic form of government efficient and effective. The goal was limited but energetic government. The constitutional object was, as the late constitutional scholar Herbert Storing said, “a design of government with the powers to act and a structure to make it act wisely and responsibly.”

The particulars of the Framers’ political science were catalogued by Madison’s celebrated collaborator in The Federalist, Alexander Hamilton. Those particulars included such devices as representation, bicameralism, independent courts of law, and the “regular distribution of powers into distinct departments;’ as Hamilton put it in The Federalist No. 9; these were “means, and powerful means, by which the excellencies of republican government may be retained and its imperfections lessened or avoided.”

Central to their institutional scheme was the principle of separation of powers. As Madison bluntly put it in The Federalist No. 47, the “preservation of liberty requires that the three great departments of power should be separate and distinct,” for, as he also wrote, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed or elective, may justly be pronounced the very definition of tyranny.”

Madison described in The Federalist No. 51 how structure and human nature could be marshaled to protect liberty:

[T]he great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department, the necessary constitutional means, and personal motives to resist encroachments of the others.

Thus, the separation of powers frustrates designs for power and at the same time creates an incentive to collaborate and cooperate, lessening conflict and concretizing a practical community of interest among political leaders.

Equally important to the constitutional design was the concept of federalism. At the Constitutional Convention there was great concern that an overreaction to the inadequacies of the Articles of Confederation might produce a tendency toward a single centralized and all-powerful national government. The resolution to such fears was, as Madison described it in The Federalist, a government that was neither wholly federal nor wholly national but a composite of the two. A half-century later, Alexis de Tocqueville would celebrate democracy in America as precisely the result of the political vitality spawned by this “incomplete” national government.

The institutional design was to divide sovereignty between two different levels of political entities, the nation and the states. This would prevent an unhealthy concentration of power in a single government. It would provide, as Madison said in The Federalist No. 51, a “double security. .. to the rights of the people.” Federalism, along with separation of powers, the Framers thought, would be the basic principled matrix of American constitutional liberty. “The different governments;’ Madison concluded, “will controul each other; at the same time that each will be controulled by itself.”

But institutional restraints on power were not all that federalism was about. There was also a deeper understanding–in fact, a far richer understanding–of why federalism mattered. When the delegates at Philadelphia convened in May 1787 to revise the ineffective Articles of Confederation, it was a foregone conclusion that the basic debate would concern the proper role of the states. Those who favored a diminution of state power, the Nationalists, saw unfettered state sovereignty under the Articles as the problem; not only did it allow the states to undermine congressional efforts to govern, it also rendered individual rights insecure in the hands of “interested and overbearing majorities.” Indeed, Madison, defending the Nationalists’ constitutional handiwork, went so far as to suggest in The Federalist No. 51 that only by way of a “judicious modification” of the federal principle was the new Constitution able to remedy the defects of popular, republican government.

The view of those who doubted the political efficacy of the new Constitution was that good popular government depended quite as much on a political community that would promote civic or public virtue as on a set of institutional devices designed to check the selfish impulses of the majority As Herbert Storing has shown, this concern for community and civic virtue tempered and tamed somewhat the Nationalists’ tendency toward simply a large nation. Their reservations, as Storing put it, echo still through our political history.[1]

It is this understanding, that federalism can contribute to a sense of political community and hence to a kind of public spirit, that is too often ignored in our public discussions about federalism. But in a sense, it is this understanding that makes the American experiment in popular government truly the novel undertaking the Framers thought it to be.

At bottom, in the space left by a limited central government, the people could rule themselves by their own moral and social values, and call on local political institutions to assist them. Where the people, through the Constitution, did consent for the central government to have a role, that role would similarly be guided by the people’s sense of what was valuable and good as articulated through the political institutions of the central government. Thus, at its deepest level popular government means a structure of government that rests not only on the consent of the governed, but also on a structure of government wherein the views of the people and their civic associations can be expressed and translated into public law and public policy, subject, of course, to the limits established by the Constitution. Through deliberation, debate, and compromise, a public consensus is formed about what constitutes the public good. It is this consensus on fundamental principles that knits individuals into a community of citizens. And it is the liberty to determine the morality of a community that is an important part of our liberty protected by the Constitution.

The Constitution is our most fundamental law. It is, in its own words, “the supreme Law of the Land.” Its translation into the legal rules under which we live occurs through the actions of all government entities, federal and state. The entity we know as “constitutional law” is the creation not only of the decisions of the Supreme Court, but also of the various Congresses and of the President.

Yet it is the court system, particularly the decisions of the Supreme Court, that most observers identify as providing the basic corpus of “constitutional law.” This body of law, this judicial handiwork, is, in a fundamental way, unique in our scheme, for the Court is charged routinely, day in and day out, with the awesome task of addressing some of the most basic and most enduring political questions that face our nation. The answers the Court gives are very important to the stability of the law so necessary for good government. But as constitutional historian Charles Warren once noted, what is most important to remember is that “however the Court may interpret the provisions of the Constitution, it is still the Constitution which is the law, not the decisions of the Court.”[2]

By this, of course, Warren did not mean that a constitutional decision by the Supreme Court lacks the character of binding law. He meant that the Constitution remains the Constitution and that observers of the Court may fairly consider whether a particular Supreme Court decision was right or wrong. There remains in the country a vibrant and healthy debate among the members of the Supreme Court, as articulated in its opinions, and between the Court and academics, politicians, columnists and commentators, and the people generally, on whether the Court has correctly understood and applied the fundamental law of the Constitution. We have seen throughout our history that when the Supreme Court greatly misconstrues the Constitution, generations of mischief may follow. The result is that, of its own accord or through the mechanism of the appointment process, the Supreme Court may come to revisit some of its doctrines and try, once again, to adjust its pronouncements to the commands of the Constitution.

This recognition of the distinction between constitutional law and the Constitution itself produces the conclusion that constitutional decisions, including those of the Supreme Court, need not be seen as the last words in constitutional construction. A correlative point is that constitutional interpretation is not the business of courts alone but is also, and properly, the business of all branches of government. Each of the three coordinate branches of government created and empowered by the Constitution–the executive and legislative no less than the judicial–has a duty to interpret the Constitution in the performance of its official functions. In fact, every official takes a solemn oath precisely to that effect. Chief Justice John Marshall, in Marbury v. Madison (1803), noted that the Constitution is a limitation on judicial power as well as on that of the executive and legislative branches. He reiterated that view in McCullough v. Maryland (1819) when he cautioned judges never to forget it is a constitution they are expounding.

The Constitution–the original document of 1787 plus its amendments–is and must be understood to be the standard against which all laws, policies, and interpretations should be measured. It is our fundamental law because it represents the settled and deliberate will of the people, against which the actions of government officials must be squared. In the end, the continued success and viability of our democratic Republic depends on our fidelity to, and the faithful exposition and interpretation of, this Constitution, our great charter of liberty.

[1] Herbert J. Storing, “The Constitution and the Bill of Rights.” in Joseph M. Bessette, ed., Toward a More Perfect Union: Writings of Herbert J. Storing (Washington, D.C.: The AEI Press, 1995).

[2] Charles Warren, The Supreme Court in United States History (Boston: Little, Brown, and Company, 1922-1924), 3 vols., 470-471.

ALL this plays a role in us getting laws.

As an example of how “judicial activism” changes an outcome of a vote that a stae has a right to vote on (BECUASE the enumerated powers in the Constitution were not clear and thus the states get to decide):

  • The meaning of marriage.

So a slight majority of California voters voted to say marriage is between a man and a woman. Proposition 8 passed with 52 percent of the vote. One federal judge [Judge Vaughn Walker — himself a gay man] overturned the will of the California people. I think this judge was acting in an “activist” manner, but there is a way to overrule his decision legally… and the percentages to do so were not present, plus the Supreme Court wrongly interfered in this as well — like with Roe v. Wade.

The above is all arguable of course between out varying views of politics — that is not the point.

The POINT IS that this dynamic interferes with “simple math/percentages” idea of those that wish to have a pure democracy.

By way of another point showing the complexity of outcomes not being easily “mathematized,” take the 9th Circuit Upper Court. In 2012, The U.S Supreme Court reversed 86% of the 9th Circuit Court of Appeals rulings that it reviewed. WOW. That is a clear sign of something going on — like Judicial activism. (And this was the time-period where the Supreme Court was more left leaning than now.)

Now however, the Court has moved less from a “the Constitution is a living and breathing document” idea (the progressives view); to a more originalist idea based in president and the authors intent (a conservative view).

  • “Trump has effectively flipped the circuit,” said 9th Circuit Judge Milan D. Smith Jr., an appointee of President George W. Bush.

So the outcome of the judicial case regarding such cases like Proposition 8 may end up being much different when in front of the upper courts.

How do you quantify something like that into percentages or fractions?

HINT: You can’t.

So, I noted way up in my Facebook comment that I agree that our form of government is corrupt. I did give an example in my Facebook response that I did not include above — that I will here. And while this example deals with just one aspect, you can apply this to both sides of the aisle in their attempt to distort the will of the people in proper representation in order to aquire power and privilege.

More on this from around the time it was released at REASON.ORG’s post. Here is the video description:

America’s public education system is failing. We’re spending more money on education but not getting better results for our children.

That’s because the machine that runs the K-12 education system isn’t designed to produce better schools. It’s designed to produce more money for unions and more donations for politicians.

For decades, teachers’ unions have been among our nation’s largest political donors. As Reason Foundation’s Lisa Snell has noted, the National Education Association (NEA) alone spent $40 million on the 2010 election cycle (source: http://reason.org/news/printer/big-ed…. As the country’s largest teachers union, the NEA is only one cog in the infernal machine that robs parents of their tax dollars and students of their futures.

Students, teachers, parents, and hardworking Americans are all victims of this political machine–a system that takes money out of taxpayers’ wallets and gives it to union bosses, who put it in the pockets of politicians.

Our kids deserve better.

(With all that in play in the above video… how does that make mathematical equations in outcomes of voting an easy course of action?)

An example of how the corruption in education distorts the will of the people. In a recent survey, 79% of Black parents supported vouchers, 74% supported charter schools, and 78% supported open enrollment. Roughly three in four Black parents (78%) support education savings accounts, which are becoming increasingly popular across the country. This percentage is much higher even than the national average of two-thirds (67%).

You would think that we would already have school choice, however, through the bedfellows of interest groups, unions, and Big-Government (Crony Capitalism, or, Crony Corporatism) — we have outcomes that stifle choice.

All that is debatable as well… but again:

  • How do you quantify that?

Our Founders Hated “Direct Democracy”

Published by Papa Giorgio

(Originally posted in April of 2015. New media added)

…the Founders hated democracy and left behind a REPUBLIC OF HIERARCHY, not a Democracy of Equality

Take note of Article IV, Section 4 of the Constitution reads:

  • “The United States shall guarantee to every state in this union a republican form of government…”

I tell my kids that we do not have a democracy, but a Democratic REPUBLIC; and I am basing these on the Constitution and the authors (and signers) understanding of it (commonly referred to as “original intent”).  Our Founders had an opportunity to establish a democracy in America but chose not to.  In fact, they made very clear that we were not – and never to become – a democracy:

James Madison (fourth President, co-author of the Federalist Papers and the “father” of the Constitution) – “Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have, in general; been as short in their lives as they have been violent in their deaths.”

John Adams (American political philosopher, first vice President and second President) – “Remember, democracy never lasts long.  It soon wastes, exhausts, and murders itself.  There never was a democracy yet that did not commit suicide.”

Benjamin Rush (signer of the Declaration) – “A simple democracy… is one of the greatest of evils.”

Fisher Ames (American political thinker and leader of the federalists [he entered Harvard at twelve and graduated by sixteen], author of the House language for the First Amendment) – “A democracy is a volcano which conceals the fiery materials of its own destruction.  These will provide an eruption and carry desolation in their way.´ /  “The known propensity of a democracy is to licentiousness [excessive license] which the ambitious call, and the ignorant believe to be liberty.”

Governor Morris (signer and penman of the Constitution) – “We have seen the tumult of democracy terminate… as [it has]  everywhere terminated, in despotism….  Democracy!  Savage and wild.  Thou who wouldst bring down the virtous and wise to thy level of folly and guilt.”

John Quincy Adams (sixth President, son of John Adams [see above]) – “The experience of all former ages had shown that of all human governments, democracy was the most unstable, fluctuating and short-lived.”

Noah Webster (American educator and journalist as well as publishing the first dictionary) – “In democracy… there are commonly tumults and disorders…..  therefore a pure democracy is generally a very bad government.  It is often the most tyrannical government on earth.”

John Witherspoon (signer of the Declaration of Independence) – “Pure democracy cannot subsist long nor be carried far into the departments of state – it is very subject to caprice and the madness of popular rage.”

Zephaniah Swift (author of America’s first legal text) – “It may generally be remarked that the more a government [or state] resembles a pure democracy the more they abound with disorder and confusion.”

CATO Article:

Critics have long derided the Electoral College as a fusty relic of a bygone era, an unnecessary institution that one day might undermine democracy by electing a minority president. That day has arrived, assuming Gov. Bush wins the Florida recount as seems likely.

The fact that Bush is poised to become president without a plurality of the vote contravenes neither the letter nor the spirit of the Constitution. The wording of our basic law is clear: The winner in the Electoral College takes office as president. But what of the spirit of our institutions? Are we not a democracy that honors the will of the people? The very question indicates a misunderstanding of our Constitution.

James Madison’s famous Federalist No. 10 makes clear that the Founders fashioned a republic, not a pure democracy. To be sure, they knew that the consent of the governed was the ultimate basis of government, but the Founders denied that such consent could be reduced to simple majority or plurality rule. In fact, nothing could be more alien to the spirit of American constitutionalism than equating democracy will the direct, unrefined will of the people.

Recall the ways our constitution puts limits on any unchecked power, including the arbitrary will of the people. Power at the national level is divided among the three branches, each reflecting a different constituency. Power is divided yet again between the national government and the states. Madison noted that these two-fold divisions — the separation of powers and federalism — provided a “double security” for the rights of the people.

What about the democratic principle of one person, one vote? Isn’t that principle essential to our form of government? The Founders’ handiwork says otherwise. Neither the Senate, nor the Supreme Court, nor the president is elected on the basis of one person, one vote. That’s why a state like Montana, with 883,000 residents, gets the same number of Senators as California, with 33 million people. Consistency would require that if we abolish the Electoral College, we rid ourselves of the Senate as well. Are we ready to do that?

The filtering of the popular will through the Electoral College is an affirmation, rather than a betrayal, of the American republic. Doing away with the Electoral College would breach our fidelity to the spirit of the Constitution, a document expressly written to thwart the excesses of majoritarianism. Nonetheless, such fidelity will strike some as blind adherence to the past. For those skeptics, I would point out two other advantages the Electoral College offers.

First, we must keep in mind the likely effects of direct popular election of the president. We would probably see elections dominated by the most populous regions of the country or by several large metropolitan areas. In the 2000 election, for example, Vice President Gore could have put together a plurality or majority in the Northeast, parts of the Midwest, and California.

The victims in such elections would be those regions too sparsely populated to merit the attention of presidential candidates. Pure democrats would hardly regret that diminished status, but I wonder if a large and diverse nation should write off whole parts of its territory. We should keep in mind the regional conflicts that have plagued large and diverse nations like India, China, and Russia. The Electoral College is a good antidote to the poison of regionalism because it forces presidential candidates to seek support throughout the nation. By making sure no state will be left behind, it provides a measure of coherence to our nation.

Second, the Electoral College makes sure that the states count in presidential elections. As such, it is an important part of our federalist system — a system worth preserving. Historically, federalism is central to our grand constitutional effort to restrain power, but even in our own time we have found that devolving power to the states leads to important policy innovations (welfare reform).

If the Founders had wished to create a pure democracy, they would have done so. Those who now wish to do away with the Electoral College are welcome to amend the Constitution, but if they succeed, they will be taking America further away from its roots as a constitutional republic.

How did the terms “Elector” and “Electoral College” come into usage?

The term “electoral college” does not appear in the Constitution. Article II of the Constitution and the 12th Amendment refer to “electors,” but not to the “electoral college.” In the Federalist Papers (No. 68), Alexander Hamilton refers to the process of selecting the Executive, and refers to “the people of each State (who) shall choose a number of persons as electors,” but he does not use the term “electoral college.”

The founders appropriated the concept of electors from the Holy Roman Empire (962 – 1806). An elector was one of a number of princes of the various German states within the Holy Roman Empire who had a right to participate in the election of the German king (who generally was crowned as emperor). The term “college” (from the Latin collegium), refers to a body of persons that act as a unit, as in the college of cardinals who advise the Pope and vote in papal elections. In the early 1800’s, the term “electoral college” came into general usage as the unofficial designation for the group of citizens selected to cast votes for President and Vice President. It was first written into Federal law in 1845, and today the term appears in 3 U.S.C. section 4, in the section heading and in the text as “college of electors.”…

Democrats Again Call For The End To The Electoral College

Published by Papa Giorgio

Hillary Clinton again calls for the Electoral College to be nixed:

Mark Levin does a few second response to this idiocy:

CIVICS 101

  • “…the possibility that the [Constitutional Republic] in which we live provides us with opportunities for [representation] that… exceed those provided by primitive orders to far fewer people should not be dismissed.”

I wanted to edit/adapt the above HAYEK quote to fit the broader idea that what our Founders created is the most fair to the most people. I will include the larger quote at the end, in context, as, it has nothing to do with what I adapted it to. As I was reading this section of “The Fatal Conceit: The Errors of Socialism,” I thought of the attempt by Democrats to do away with the Electoral College. Which immediately brought to mind that MORE voters will be disenfranchised if it is eliminated. Why? Because the popular vote could be won by almost 4-states alone: California, Texas, Florida, New York. So, let’s take the most recent election as an example:

  • The Democrat outpaced President-elect Donald Trump by almost 2.9 million votes, with 65,844,954 (48.2%) to his 62,979,879 (46.1%), according to revised and certified final election results from all 50 states and the District of Columbia. (CNN)

In the Electoral College world, the smaller states had a say and 2.9 million voters were “disenfranchised,” so-to-speak. In a direct democracy, which our Founders specifically wrote against, all a candidate would have to do is campaign in about 11-cities to win the election.

Do you understand what the Electoral College is? Or how it works? Or why America uses it to elect its presidents instead of just using a straight popular vote? Author, lawyer and Electoral College expert Tara Ross does, and she explains that to understand the Electoral College is to understand American democracy.

  • James Madison (fourth President, co-author of the Federalist Papers and the “father” of the Constitution) – “Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have, in general; been as short in their lives as they have been violent in their deaths.”
  • John Adams (American political philosopher, first vice President and second President) – “Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.”
  • Benjamin Rush (signer of the Declaration) – “A simple democracy… is one of the greatest of evils.”
  • Fisher Ames (American political thinker and leader of the federalists [he entered Harvard at twelve and graduated by sixteen], author of the House language for the First Amendment) – “A democracy is a volcano which conceals the fiery materials of its own destruction. These will provide an eruption and carry desolation in their way.´ / “The known propensity of a democracy is to licentiousness [excessive license] which the ambitious call, and the ignorant believe to be liberty.”
  • Governor Morris (signer and penman of the Constitution) – “We have seen the tumult of democracy terminate… as [it has] everywhere terminated, in despotism…. Democracy! Savage and wild. Thou who wouldst bring down the virtous and wise to thy level of folly and guilt.”
  • John Quincy Adams (sixth President, son of John Adams [see above]) – “The experience of all former ages had shown that of all human governments, democracy was the most unstable, fluctuating and short-lived.”
  • Noah Webster (American educator and journalist as well as publishing the first dictionary) – “In democracy… there are commonly tumults and disorders….. therefore a pure democracy is generally a very bad government. It is often the most tyrannical government on earth.”
  • John Witherspoon (signer of the Declaration of Independence) – “Pure democracy cannot subsist long nor be carried far into the departments of state – it is very subject to caprice and the madness of popular rage.”
  • Zephaniah Swift (author of America’s first legal text) – “It may generally be remarked that the more a government [or state] resembles a pure democracy the more they abound with disorder and confusion.”

Take note that as well ArticleIV, Section4 of the Constitution reads:

“The United States shall guarantee to every state in this union a republican form of government…“

Right now, there’s a well-organized, below-the-radar effort to render the Electoral College effectively useless. It’s called the National Popular Vote, and it would turn our presidential elections into a majority-rule affair. Would this be good or bad? Author, lawyer, and Electoral College expert Tara Ross explains.

You vote, but then what? Discover how your individual vote contributes to the popular vote and your state’s electoral vote in different ways–and see how votes are counted on both state and national levels.

CATO Article:

Critics have long derided the Electoral College as a fusty relic of a bygone era, an unnecessary institution that one day might undermine democracy by electing a minority president. That day has arrived, assuming Gov. Bush wins the Florida recount as seems likely.

The fact that Bush is poised to become president without a plurality of the vote contravenes neither the letter nor the spirit of the Constitution. The wording of our basic law is clear: The winner in the Electoral College takes office as president. But what of the spirit of our institutions? Are we not a democracy that honors the will of the people? The very question indicates a misunderstanding of our Constitution.

James Madison’s famous Federalist No. 10 makes clear that the Founders fashioned a republic, not a pure democracy. To be sure, they knew that the consent of the governed was the ultimate basis of government, but the Founders denied that such consent could be reduced to simple majority or plurality rule. In fact, nothing could be more alien to the spirit of American constitutionalism than equating democracy will the direct, unrefined will of the people.

Recall the ways our constitution puts limits on any unchecked power, including the arbitrary will of the people. Power at the national level is divided among the three branches, each reflecting a different constituency. Power is divided yet again between the national government and the states. Madison noted that these two-fold divisions — the separation of powers and federalism — provided a “double security” for the rights of the people.

What about the democratic principle of one person, one vote? Isn’t that principle essential to our form of government? The Founders’ handiwork says otherwise. Neither the Senate, nor the Supreme Court, nor the president is elected on the basis of one person, one vote. That’s why a state like Montana, with 883,000 residents, gets the same number of Senators as California, with 33 million people. Consistency would require that if we abolish the Electoral College, we rid ourselves of the Senate as well. Are we ready to do that?

The filtering of the popular will through the Electoral College is an affirmation, rather than a betrayal, of the American republic. Doing away with the Electoral College would breach our fidelity to the spirit of the Constitution, a document expressly written to thwart the excesses of majoritarianism. Nonetheless, such fidelity will strike some as blind adherence to the past. For those skeptics, I would point out two other advantages the Electoral College offers.

First, we must keep in mind the likely effects of direct popular election of the president. We would probably see elections dominated by the most populous regions of the country or by several large metropolitan areas. In the 2000 election, for example, Vice President Gore could have put together a plurality or majority in the Northeast, parts of the Midwest, and California.

The victims in such elections would be those regions too sparsely populated to merit the attention of presidential candidates. Pure democrats would hardly regret that diminished status, but I wonder if a large and diverse nation should write off whole parts of its territory. We should keep in mind the regional conflicts that have plagued large and diverse nations like India, China, and Russia. The Electoral College is a good antidote to the poison of regionalism because it forces presidential candidates to seek support throughout the nation. By making sure no state will be left behind, it provides a measure of coherence to our nation.

Second, the Electoral College makes sure that the states count in presidential elections. As such, it is an important part of our federalist system — a system worth preserving. Historically, federalism is central to our grand constitutional effort to restrain power, but even in our own time we have found that devolving power to the states leads to important policy innovations (welfare reform).

If the Founders had wished to create a pure democracy, they would have done so. Those who now wish to do away with the Electoral College are welcome to amend the Constitution, but if they succeed, they will be taking America further away from its roots as a constitutional republic.

How did the terms “Elector” and “Electoral College” come into usage?

The term “electoral college” does not appear in the Constitution. Article II of the Constitution and the 12th Amendment refer to “electors,” but not to the “electoral college.” In the Federalist Papers (No. 68), Alexander Hamilton refers to the process of selecting the Executive, and refers to “the people of each State (who) shall choose a number of persons as electors,” but he does not use the term “electoral college.”

The founders appropriated the concept of electors from the Holy Roman Empire (962 – 1806). An elector was one of a number of princes of the various German states within the Holy Roman Empire who had a right to participate in the election of the German king (who generally was crowned as emperor). The term “college” (from the Latin collegium), refers to a body of persons that act as a unit, as in the college of cardinals who advise the Pope and vote in papal elections. In the early 1800’s, the term “electoral college” came into general usage as the unofficial designation for the group of citizens selected to cast votes for President and Vice President. It was first written into Federal law in 1845, and today the term appears in 3 U.S.C. section 4, in the section heading and in the text as “college of electors.”

More Common Sense

Who exactly are the “Resistance,” as explored in Kim Strassel’s new book “Resistance (At All Costs): How Trump Haters are Breaking America”?

How are “Trump haters” different from “Trump critics?” How is the Resistance different from past political movements? What are the long-term implications of its activities? And how are the media involved?

And, how can the Trump “impeachment inquiry” be seen as the latest chapter of the Resistance’s efforts?

This is American Thought Leaders??, and I’m Jan Jekielek.

Today we sit down with Kim Strassel, a member of the Wall Street Journal editorial board and a prominent political commentator. She was the recipient of the Bradley Prize in 2014, and she writes the Journal’s long-running “Potomac Watch” column.

Kimberley Strassel | American Thought Leaders

Published by Papa Giorgio

Who exactly are the “Resistance,” as explored in Kim Strassel’s new book “Resistance (At All Costs): How Trump Haters are Breaking America”?

How are “Trump haters” different from “Trump critics?” How is the Resistance different from past political movements? What are the long-term implications of its activities? And how are the media involved?

And, how can the Trump “impeachment inquiry” be seen as the latest chapter of the Resistance’s efforts?

This is American Thought Leaders??, and I’m Jan Jekielek.

Today we sit down with Kim Strassel, a member of the Wall Street Journal editorial board and a prominent political commentator. She was the recipient of the Bradley Prize in 2014, and she writes the Journal’s long-running “Potomac Watch” column.

Democracy Disenfranchises More Voters (Electoral College)

Published by Papa Giorgio

  • “…the possibility that the [Constitutional Republic] in which we live provides us with opportunities for [representation] that… exceed those provided by primitive orders to far fewer people should not be dismissed.”

I wanted to edit/adapt the above HAYEK quote to fit the broader idea that what our Founders created is the most fair to the most people. I will include the larger quote at the end, in context, as, it has nothing to do with what I adapted it to. As I was reading this section of “The Fatal Conceit: The Errors of Socialism,” I thought of the attempt by Democrats to do away with the Electoral College. Which immediately brought to mind that MORE voters will be disenfranchised if it is eliminated. Why? Because the popular vote could be won by almost 4-states alone: California, Texas, Florida, New York. So, let’s take the most recent election as an example:

  • The Democrat outpaced President-elect Donald Trump by almost 2.9 million votes, with 65,844,954 (48.2%) to his 62,979,879 (46.1%), according to revised and certified final election results from all 50 states and the District of Columbia. (CNN)

In the Electoral College world, the smaller states had a say and 2.9 million voters were “disenfranchised,” so-to-speak. In a direct democracy, which our Founders specifically wrote against, all a candidate would have to do is campaign in about 11-cities to win the election.

Thus, the disenfranchisement of the voter would be closer to 60-million.

ArticleIV, Section4 of the Constitution reads:

  • “The United States shall guarantee to every state in this union a republican form of government…“

And since we know the Founders intent in delineating between a “democracy” and a “constitutional republic”….

  • James Madison (fourth President, co-author of the Federalist Papers and the “father” of the Constitution) – “Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have, in general; been as short in their lives as they have been violent in their deaths.”
  • John Adams (American political philosopher, first vice President and second President) – “Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.”
  • Benjamin Rush (signer of the Declaration) – “A simple democracy… is one of the greatest of evils.”
  • Fisher Ames (American political thinker and leader of the federalists [he entered Harvard at twelve and graduated by sixteen], author of the House language for the First Amendment) – “A democracy is a volcano which conceals the fiery materials of its own destruction. These will provide an eruption and carry desolation in their way.” / “The known propensity of a democracy is to licentiousness [excessive license] which the ambitious call, and the ignorant believe to be liberty.”
  • Governor Morris (signer and penman of the Constitution) – “We have seen the tumult of democracy terminate… as [it has] everywhere terminated, in despotism…. Democracy! Savage and wild. Thou who wouldst bring down the virtuous and wise to thy level of folly and guilt.”
  • John Quincy Adams (sixth President, son of John Adams [see above]) – “The experience of all former ages had shown that of all human governments, democracy was the most unstable, fluctuating and short-lived.”
  • Noah Webster (American educator and journalist as well as publishing the first dictionary) – “In democracy… there are commonly tumults and disorders….. therefore, a pure democracy is generally a very bad government. It is often the most tyrannical government on earth.”
  • John Witherspoon (signer of the Declaration of Independence) – “Pure democracy cannot subsist long nor be carried far into the departments of state – it is very subject to caprice and the madness of popular rage.”
  • Zephaniah Swift (author of America’s first legal text) – “It may generally be remarked that the more a government [or state] resembles a pure democracy the more they abound with disorder and confusion.”

AMERICAN THINKER puts it this way:

Jefferson put it this way:

What has destroyed liberty and the rights of man in every government which has ever existed under the sun?  The generalizing and concentrating all cares and powers into one body.

And Lord Acton put it this way:

Liberty consists in the division of power. Absolutism, in concentration of power.

[….]

To become president of the United States of America, one must even today win the national election state by state.  Eliminating the Electoral College and electing the president by the popular vote, as the progressives are determined to do, would transform the office.  Its occupant would in effect become the president of the big cities of America, and the last vestiges of political autonomy guaranteed the individual states by the Constitution’s electoral system would be swept away.

SEE MY:

Here is the fuller quote by Hayek as promised:

Nevertheless, the possibility that the evolved order in which we live provides us with opportunities for happiness that equal or exceed those provided by primitive orders to far fewer people should not be dismissed (which is not to say that such matters can be calculated). Much of the `alienation’ or unhappiness of modern life stems from two sources, one of which affects primarily intellectuals, the other, all beneficiaries or material abundance. The first is a self-fulfilling prophecy of unhappiness for those within any ‘system’ that does not satisfy rationalistic criteria oi conscious control. Thus intellectuals from Rousseau to such recent figures in French and German thought as Foucault and Habermas regard alienation as rampant in any system in which an order is `imposed’ on individuals without their conscious consent; consequently, their followers tend to find civilisation unbearable — by definition, as it were. Secondly, the persistence of instinctual feelings of altruism and solidarity subject those who follow the impersonal rules of the extended order to what is now fashionably called ‘bad conscience’; similarly, the acquisition of material success is supposed to be attended with feelings of guilt (or ‘social conscience’). In the midst of plenty, then, there is unhappiness not only born of peripheral poverty, but also of the incompatibility, on the part of instinct and of a hubristic reason, with an order that is of a decidedly non-instinctive and extra-rational character.

F.A. Hayek, ed. W.W. Bartley III, The Fatal Conceit: The Errors of Socialism (Chicago, IL: University of Chicago Press, 1988), 64.

 

Three Courses On The Electoral College (Civics 101)

Published by Papa Giorgio

Do you understand what the Electoral College is? Or how it works? Or why America uses it to elect its presidents instead of just using a straight popular vote? Author, lawyer and Electoral College expert Tara Ross does, and she explains that to understand the Electoral College is to understand American democracy.

  • James Madison (fourth President, co-author of the Federalist Papers and the “father” of the Constitution) – “Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have, in general; been as short in their lives as they have been violent in their deaths.”
  • John Adams (American political philosopher, first vice President and second President) – “Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.”
  • Benjamin Rush (signer of the Declaration) – “A simple democracy… is one of the greatest of evils.”
  • Fisher Ames (American political thinker and leader of the federalists [he entered Harvard at twelve and graduated by sixteen], author of the House language for the First Amendment) – “A democracy is a volcano which conceals the fiery materials of its own destruction. These will provide an eruption and carry desolation in their way.´ / “The known propensity of a democracy is to licentiousness [excessive license] which the ambitious call, and the ignorant believe to be liberty.”
  • Governor Morris (signer and penman of the Constitution) – “We have seen the tumult of democracy terminate… as [it has] everywhere terminated, in despotism…. Democracy! Savage and wild. Thou who wouldst bring down the virtous and wise to thy level of folly and guilt.”
  • John Quincy Adams (sixth President, son of John Adams [see above]) – “The experience of all former ages had shown that of all human governments, democracy was the most unstable, fluctuating and short-lived.”
  • Noah Webster (American educator and journalist as well as publishing the first dictionary) – “In democracy… there are commonly tumults and disorders….. therefore a pure democracy is generally a very bad government. It is often the most tyrannical government on earth.”
  • John Witherspoon (signer of the Declaration of Independence) – “Pure democracy cannot subsist long nor be carried far into the departments of state – it is very subject to caprice and the madness of popular rage.”
  • Zephaniah Swift (author of America’s first legal text) – “It may generally be remarked that the more a government [or state] resembles a pure democracy the more they abound with disorder and confusion.”

Take note that as well ArticleIV, Section4 of the Constitution reads:

“The United States shall guarantee to every state in this union a republican form of government…“

Right now, there’s a well-organized, below-the-radar effort to render the Electoral College effectively useless. It’s called the National Popular Vote, and it would turn our presidential elections into a majority-rule affair. Would this be good or bad? Author, lawyer, and Electoral College expert Tara Ross explains.

You vote, but then what? Discover how your individual vote contributes to the popular vote and your state’s electoral vote in different ways–and see how votes are counted on both state and national levels.

CATO Article:

Critics have long derided the Electoral College as a fusty relic of a bygone era, an unnecessary institution that one day might undermine democracy by electing a minority president. That day has arrived, assuming Gov. Bush wins the Florida recount as seems likely.

The fact that Bush is poised to become president without a plurality of the vote contravenes neither the letter nor the spirit of the Constitution. The wording of our basic law is clear: The winner in the Electoral College takes office as president. But what of the spirit of our institutions? Are we not a democracy that honors the will of the people? The very question indicates a misunderstanding of our Constitution.

James Madison’s famous Federalist No. 10 makes clear that the Founders fashioned a republic, not a pure democracy. To be sure, they knew that the consent of the governed was the ultimate basis of government, but the Founders denied that such consent could be reduced to simple majority or plurality rule. In fact, nothing could be more alien to the spirit of American constitutionalism than equating democracy will the direct, unrefined will of the people.

Recall the ways our constitution puts limits on any unchecked power, including the arbitrary will of the people. Power at the national level is divided among the three branches, each reflecting a different constituency. Power is divided yet again between the national government and the states. Madison noted that these two-fold divisions — the separation of powers and federalism — provided a “double security” for the rights of the people.

What about the democratic principle of one person, one vote? Isn’t that principle essential to our form of government? The Founders’ handiwork says otherwise. Neither the Senate, nor the Supreme Court, nor the president is elected on the basis of one person, one vote. That’s why a state like Montana, with 883,000 residents, gets the same number of Senators as California, with 33 million people. Consistency would require that if we abolish the Electoral College, we rid ourselves of the Senate as well. Are we ready to do that?

The filtering of the popular will through the Electoral College is an affirmation, rather than a betrayal, of the American republic. Doing away with the Electoral College would breach our fidelity to the spirit of the Constitution, a document expressly written to thwart the excesses of majoritarianism. Nonetheless, such fidelity will strike some as blind adherence to the past. For those skeptics, I would point out two other advantages the Electoral College offers.

First, we must keep in mind the likely effects of direct popular election of the president. We would probably see elections dominated by the most populous regions of the country or by several large metropolitan areas. In the 2000 election, for example, Vice President Gore could have put together a plurality or majority in the Northeast, parts of the Midwest, and California.

The victims in such elections would be those regions too sparsely populated to merit the attention of presidential candidates. Pure democrats would hardly regret that diminished status, but I wonder if a large and diverse nation should write off whole parts of its territory. We should keep in mind the regional conflicts that have plagued large and diverse nations like India, China, and Russia. The Electoral College is a good antidote to the poison of regionalism because it forces presidential candidates to seek support throughout the nation. By making sure no state will be left behind, it provides a measure of coherence to our nation.

Second, the Electoral College makes sure that the states count in presidential elections. As such, it is an important part of our federalist system — a system worth preserving. Historically, federalism is central to our grand constitutional effort to restrain power, but even in our own time we have found that devolving power to the states leads to important policy innovations (welfare reform).

If the Founders had wished to create a pure democracy, they would have done so. Those who now wish to do away with the Electoral College are welcome to amend the Constitution, but if they succeed, they will be taking America further away from its roots as a constitutional republic.

How did the terms “Elector” and “Electoral College” come into usage?

The term “electoral college” does not appear in the Constitution. Article II of the Constitution and the 12th Amendment refer to “electors,” but not to the “electoral college.” In the Federalist Papers (No. 68), Alexander Hamilton refers to the process of selecting the Executive, and refers to “the people of each State (who) shall choose a number of persons as electors,” but he does not use the term “electoral college.”

The founders appropriated the concept of electors from the Holy Roman Empire (962 – 1806). An elector was one of a number of princes of the various German states within the Holy Roman Empire who had a right to participate in the election of the German king (who generally was crowned as emperor). The term “college” (from the Latin collegium), refers to a body of persons that act as a unit, as in the college of cardinals who advise the Pope and vote in papal elections. In the early 1800’s, the term “electoral college” came into general usage as the unofficial designation for the group of citizens selected to cast votes for President and Vice President. It was first written into Federal law in 1845, and today the term appears in 3 U.S.C. section 4, in the section heading and in the text as “college of electors.”

Hillary wants a pure Democracy.

Mark Levin Discusses the Electoral College (Plus: WaPo)

Published by Papa Giorgio

Here is a portion of the article by ALLEN GUELZO and JAMES HULME Mark Levin was reading from:

…After last week’s results, we’re hearing a litany of complaints: the electoral college is undemocratic, the electoral college is unnecessary, the electoral college was invented to protect slavery — and the demand to push it down the memory hole.

All of which is strange because the electoral college is at the core of our system of federalism. The Founders who sat in the 1787 Constitutional Convention lavished an extraordinary amount of argument on the electoral college, and it was by no means one-sided. The great Pennsylvania jurist James Wilson believed that “if we are to establish a national Government,” the president should be chosen by a direct, national vote of the people. But wise old Roger Sherman of Connecticut replied that the president ought to be elected by Congress, since he feared that direct election of presidents by the people would lead to the creation of a monarchy. “An independence of the Executive [from] the supreme Legislature, was in his opinion the very essence of tyranny if there was any such thing.” Sherman was not trying to undermine the popular will, but to keep it from being distorted by a president who mistook popular election as a mandate for dictatorship.

Quarrels like this flared all through the convention, until, at almost the last minute, James Madison “took out a Pen and Paper, and sketched out a mode of Electing the President” by a “college” of “Electors … chosen by those of the people in each State, who shall have the Qualifications requisite.”

The Founders also designed the operation of the electoral college with unusual care. The portion of Article 2, Section 1, describing the electoral college is longer and descends to more detail than any other single issue the Constitution addresses. More than the federal judiciary — more than the war powers — more than taxation and representation. It prescribes in precise detail how “Each State shall appoint … a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress”; how these electors “shall vote by Ballot” for a president and vice president; how 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 results of their balloting; how a tie vote must be resolved; what schedule the balloting should follow; and on and on.

Above all, the electoral college had nothing to do with slavery. Some historians have branded the electoral college this way because each state’s electoral votes are based on that “whole Number of Senators and Representatives” from each State, and in 1787 the number of those representatives was calculated on the basis of the infamous 3/5ths clause. But the electoral college merely reflected the numbers, not any bias about slavery (and in any case, the 3/5ths clause was not quite as proslavery a compromise as it seems, since Southern slaveholders wanted their slaves counted as 5/5ths for determining representation in Congress, and had to settle for a whittled-down fraction). As much as the abolitionists before the Civil War liked to talk about the “proslavery Constitution,” this was more of a rhetorical posture than a serious historical argument. And the simple fact remains, from the record of the Constitutional Convention’s proceedings (James Madison’s famous Notes), that the discussions of the electoral college and the method of electing a president never occur in the context of any of the convention’s two climactic debates over slavery.

If anything, it was the electoral college that made it possible to end slavery, since Abraham Lincoln earned only 39 percent of the popular vote in the election of 1860, but won a crushing victory in the electoral college. This, in large measure, was why Southern slaveholders stampeded to secession in 1860-61. They could do the numbers as well as anyone, and realized that the electoral college would only produce more anti-slavery Northern presidents.

[….]

Without the electoral college, there would be no effective brake on the number of “viable” presidential candidates. Abolish it, and it would not be difficult to imagine a scenario where, in a field of a dozen micro-candidates, the “winner” only needs 10 percent of the vote, and represents less than 5 percent of the electorate. And presidents elected with smaller and smaller pluralities will only aggravate the sense that an elected president is governing without a real electoral mandate.

The electoral college has been a major, even if poorly comprehended, mechanism for stability in a democracy, something which democracies are sometimes too flighty to appreciate. It may appear inefficient. But the Founders were not interested in efficiency; they were interested in securing “the blessings of liberty.” The electoral college is, in the end, not a bad device for securing that.

Does Voter Fraud Make a Difference? Yes, Yes It Does

Published by Papa Giorgio

In this short example, John Fund confirms that voter fraud would not make a difference nationally in the popular vote that Trump erroneously Tweeted would put him ahead of Hillary — HOWEVER — it does affect smaller races. AND THIS can have very damning consequences on public policy that effects the entire populace.

Illegally.

Here is an article by Byron York:

When 1,099 Felons Vote In Race Won By 312 Ballots

…In the ’08 campaign, Republican Sen. Norm Coleman was running for re-election against Democrat Al Franken. It was impossibly close; on the morning after the election, after 2.9 million people had voted, Coleman led Franken by 725 votes.

Franken and his Democratic allies dispatched an army of lawyers to challenge the results. After the first canvass, Coleman’s lead was down to 206 votes. That was followed by months of wrangling and litigation. In the end, Franken was declared the winner by 312 votes. He was sworn into office in July 2009, eight months after the election.

During the controversy a conservative group called Minnesota Majority began to look into claims of voter fraud. Comparing criminal records with voting rolls, the group identified 1,099 felons — all ineligible to vote — who had voted in the Franken-Coleman race.

Minnesota Majority took the information to prosecutors across the state, many of whom showed no interest in pursuing it. But Minnesota law requires authorities to investigate such leads. And so far, Fund and von Spakovsky report, 177 people have been convicted — not just accused, but convicted — of voting fraudulently in the Senate race. Another 66 are awaiting trial. “The numbers aren’t greater,” the authors say, “because the standard for convicting someone of voter fraud in Minnesota is that they must have been both ineligible, and ‘knowingly’ voted unlawfully.” The accused can get off by claiming not to have known they did anything wrong.

Still, that’s a total of 243 people either convicted of voter fraud or awaiting trial in an election that was decided by 312 votes. With 1,099 examples identified by Minnesota Majority, and with evidence suggesting that felons, when they do vote, strongly favor Democrats, it doesn’t require a leap to suggest there might one day be proof that Al Franken was elected on the strength of voter fraud.

And that’s just the question of voting by felons. Minnesota Majority also found all sorts of other irregularities that cast further doubt on the Senate results.

The election was particularly important because Franken’s victory gave Senate Democrats a 60th vote in favor of President Obama’s national health care proposal — the deciding vote to overcome a Republican filibuster. If Coleman had kept his seat, there would have been no 60th vote, and no Obamacare…..

Someone on LIVELEAK had a great insight! LEFTISTS like to repeat lines, one being from DailyKos, who’e headline reads:

  • MORE THAN A BILLION VOTES: 31 CASES OF VOTER FRAUD…

Here is the comment from LiveLeak:

“Wait, 1200 illegal votes in just that one election. What the [effe] happened to “There have only been 31 actual cases of voter fraud in the last decade!” Time for a full recount of all districts across the U.S. Not because it will change anything but because it is easier to tell someone to shut the [effe] up when you have numbers behind your argument.” — Fedup Withitall

Here is the entire interview with John Fund where the above came from AS WELL AS a portion of the WALL STREET JOURNAL article that prompted the interview (video is from the WSJ):

…How common is this? If only we knew. Political correctness has squelched probes of noncitizen voting, so most cases are discovered accidentally instead of through a systematic review of election records.

The bottom line is that the honor system doesn’t work.

The danger looms large in states such as California, which provides driver’s licenses to noncitizens, including those here illegally, and which also does nothing to verify citizenship during voter registration. In a 1996 House race, then-challenger Loretta Sanchez defeated incumbent Rep. Bob Dornan by under 1,000 votes. An investigation by a House committee found 624 invalid votes by noncitizens, nearly enough to overturn the result.

How big is this problem nationally? One district-court administrator estimated in 2005that up to 3% of the 30,000 people called for jury duty from voter-registration rolls over a two-year period were not U.S. citizens. A September report from the Public Interest Legal Foundation found more than 1,000 noncitizens who had been removed from the voter rolls in eight Virginia counties. Many of them had cast ballots in previous elections, but none was referred for possible prosecution.

The lack of prosecutions is no surprise. In 2011, the Electoral Board in Fairfax County, Va., sent the Justice Department, under then-Attorney General Eric Holder, information about 278 noncitizens registered to vote in Fairfax County, about half of whom had cast ballots in previous elections. There is no record that the Justice Department did anything.

A 2014 study by three professors at Old Dominion University and George Mason University used extensive survey data to estimate that 6.4% of the nation’s noncitizens voted in 2008 and that 2.2% voted in 2010. This study has been criticized by many academics who claim that voter fraud is vanishingly rare. Yet the Heritage Foundation maintains a list of more than 700 recent convictions for voter fraud.

A postelection survey conducted by Americas Majority Foundation found that 2.1% of noncitizens voted in the Nov. 8 election. In the battleground states of Michigan and Ohio, 2.5% and 2.1%, respectively, of noncitizens reported voting. In 2013, pollster McLaughlin & Associates conducted an extensive survey of Hispanics on immigration issues. Its voter-profile tabulation shows that 13% of noncitizens said they were registered to vote. That matches closely the Old Dominion/George Mason study, in which 15.6% of noncitizens said they were registered.

Fixing this problem is very straightforward. The Trump administration should direct the Department of Homeland Security to cooperate with states that want to verify the citizenship of registered voters. Since this will only flag illegal immigrants who have been detained at some point and legal noncitizens, states should pass laws, similar to the one in Kansas, that require proof of citizenship when registering to vote. The Justice Department, instead of ignoring the issue, should again start prosecuting these cases.

The bottom line is that the honor system doesn’t work. There are people—like those caught voting illegally—who are willing to exploit these weaknesses that damage election integrity.

My Prediction for the 2012 Election ~ 331 Electorals for Mitt (32-States)

Published by Papa Giorgio

 Taking the final leap and predictions. Sooo much fun. Enjoy tomorrow everyone… and remember, as much as we agree and disagree — this is the best system on the planet to choose our next elected officials.

★ Our American government has lasted over 200 years. Having a government, in any form, lasting this long is unheard of. For example, in the last 200 years France has had seven forms of government and Italy has had forty-eight.