"OUR DEMOCRACY"
One of the common concerns in democratic countries today is whether democracy is sustainable. In the United States, the concern most commonly referenced is in regard to"Our Democracy." The term, "Our Democracy," is a bit confusing. I'm not sure what that term actually is means. Democracy is a tool used by governments to elect who is imbued with decision-making power and the responsibility for its use.
Properly defined, the United States of America is a representative, federal republic. The United States is not nor was it ever conceived to be a pure democracy where the majority rules. Most of the founding fathers shuddered at the thought of majority rule and populism. Their concern was not creating a pure democracy but rather a constitutional republic which utilized democratic processes.
Another issue that many of the founding fathers lost sleep over was the notion of partisan politics. Although impossible to avoid, they wished to limit its impact on the collegial decision-making within and between the Congress, the Presidency, and the Supreme Court. They attempted to do this by defining how members of the three coequal branches of the Federal Government would be chosen.
At the time the Constitution was being framed, the states had larger role in choosing who would serve in Congress and who would be elected as the President of the United States. The voters of each state elected who would serve in their state legislators and who would serve as their representatives in House of Representatives, but it was left up to state legislators to decide who would serve in the U.S. Senate. Although senators were originally chosen by state legislatures, this changed in 1913 with the Seventeenth Amendment to the Constitution which changed the Constitutional language from “chosen by the Legislature thereof” to “elected by the people thereof.” I consider this a grave political mistake that created a partisan dilemma with regard to how the Republic's constitutional processes were intended to work.
AN ACHILLE'S HEEL
When it came to electing a president, each state would choose electors based on the number of its congressional members in the House and in the Senate. These electors would then cast their votes for the President. Today most states have a winner-of-the-popular-vote takes all approach to casting its electoral votes. Only Maine and Nebraska have a proportional electoral votes based on who wins congressional districts. Electors in most states are chosen by a state's political parties. This is where the flaw in the electoral process regarding the Presidency resides because it renders choosing the person to the serve in most powerful office in the United States a partisan process which, in turn, is subject to majoritarianism and populism, the nightmare feared most by the founding fathers.
Unfortunately, the electoral college concept was used as a pawn to entice states to ratify the Constitution who could determine how its electors were chosen. As noted above, most states utilized the electoral college process as a winner take all concession to a state's popular vote outcome in a presidential election. This fact strikes me as incongruent with how members in the Senate were originally chosen and what the framers might have privately envisioned with regard to the role of the electors.
More than any other national election, it is a presidential election that engages the majority of the voting public in the United States, which has become an increasingly chaotic process for some time. I understand that the framers of the Constitution wanted the state's to have a direct say in choosing the president because that was the only way for the states to buy into the Constitution. Using the electoral college as a bargaining chip in amongst other only resulted in creating the Constitution's "Achille's Heel." Presidential elections have driven the United States to extreme partisanship that led to a civil war and the extreme political divisiveness within the United States today.
Extreme partisanship is once again ruining the United States, just as the framers of the Constitution feared it would. What interests me about the Constitution is that the framers began by creating an electoral model that began by keeping the voting population engaged democratically at the local or state level, but at the federal level, the foot print of the voting populace became increasingly sparse. As noted above, members of the House of Representative were the only federal officials elected by the voting public of their state. Senators were originally elected by state legislators and Supreme Court justices were nominated by the President and confirmed by the Senate, as were other officials within the federal government.
What is inconsistent with an attempt to avoid partisan politics, is that the highest office in the United States relies on state electoral votes determined by a state's popular vote. Logically, based on how Senators and Supreme Court justices were chosen, the idea of an electoral college should not have been dependent on a state's popular vote. The electoral college should have served as a barrier to partisan politics, similar to what the Conclave does in choosing the Roman Catholic pope.
DROPPING THE BALL
I am not sure what the framers of the Constitution had in mind when they came up with the idea of an electoral college. Was it always their intent to have the states choose who their electors would be? If that was so, why didn't they let the states choose electors for the Supreme Court Justices also?
There is an inconsistency in what started out as political processes aimed at limiting the influence of partisan politics at the highest levels of government. It is not that the voting public didn't have a role to play in electing federal officials, but rather that their role was reflected in those elected a state level and for the House of Representatives Why would the office of the President, the single most powerful office in the United States, be subject to a direct popular vote when senators and justices of the Supreme Court were not?
I perceive that most voters in the United States today would prefer that the President be elected by the popular vote (depending on a given elections outcome). I disagree. The popular vote, I believe, was never intended to dictate who serves in the highest offices of the United States. I believe the framers were very wise not to elect the President by a popular vote. Where they dropped the ball was in letting the states choose who would be their electors, thus resulting in making it a partisan undertaking.
The winner-takes-all concept sidesteps any practical role electors having in choosing the President. Their role is largely ceremonial. Technically speaking, an elector can choose to cast a vote against his or her party, but in some states they would face fines or be replaced. In seventeen states their votes would be voided. Regardless of how a state would handle that situation, such an elector would most likely be considered pariah by their party. Very few have attempted to do so.
If the framers of the Constitution wanted to limit partisanship from dominating the Republic's political structure, the presidency, above all else should have been placed beyond the reach of partisanship. Likewise, the Seventeenth Amendment should have never been enacted. To be clear, I'm not amongst those who claim to be constitutional originalists. What fascinates me about the Constitution's framers is that they did not, in my opinion, follow through on an electoral pattern they established when choosing senators and Supreme Court justices.
In my next post, I will examine how some of the pitfalls of the electoral processes of today could have been avoided if the framers had not dropped the ball.
Norm