[net.legal] electoral college

marie@harvard.ARPA (Marie Desjardins) (12/10/84)

> Technically, the electors can vote for anyone they wish.  There was even a
> recent occasion (1968 I think) when an elector voted differently from the
> way he had pledged, and his actual vote counted (but didn't affect the
> results).
> 
> Electors are supposed to vote the way the voters did in their states, and
> sometimes a state has two sets of potential electors so that they can choose
> the appropriate set after seeing how their voters have chosen.  And you
> though software was kludgy.

I understand (as well as it's possible to understand, I guess!) how the
electoral college system works.  But can anyone explain why this system
was created?  (historically) and why we continue to use it, if it's for
outmoded reasons? (e.g. early in the history of the U.S. it would've been
real difficult for everyone to send their votes to be counted via Pony
Express :-) but I doubt that's a problem now...)  Nobody I've ever asked
(including lawyers, Gov majors, etc...) seems to know the answer.

	Marie desJardins
	marie@harvard

mjc@cmu-cs-cad.ARPA (Monica Cellio) (12/10/84)

I was taught that the Electoral College was originally created because:
	-1- it would have taken too long to gather up the popular vote
	-2- the founding fathers didn't really trust the people to make an
	    intelligent choice.

Now that communications are better and people are theoretically more aware of
the issues, what the candidates are saying, etc., the system seems to be
pretty outdated/bogus.  I don't buy the argument that the Electoral College
protects minorities by making sure people in states with low populations have
a say; either their 3 electoral votes don't really matter (and so the system
doesn't really help them) or they are getting more than their fair share of
the vote.  My vote should count as much as yours regardless of where we each
live; I shouldn't have a bigger say because I live in Utah or something.
(Yes, I realize this is only a small difference with regard to the grand
scheme of things, since part of the electoral share is roughly based on 
population.)

Two hundred years ago people were broken up along geographical lines, so
(say) all the people in Virginia were likely to feel the same way about a
given issue while all the people in Vermont were likely to feel exactly the
opposite way.  Now, however, people are broken up along a number of lines;
why protect geographical minorities if we aren't going to protect any other
minorities?  What makes them so special?  We could just as easily break
things up along, say, religous grounds; the Campus Crusade for Cthulhu will
gladly take its 3 votes.  Doesn't make much sense to do this, though.

						-Dragon



-- 
UUCP: ...seismo!ut-sally!ut-ngp!lll-crg!dragon
ARPA: monica.cellio@cmu-cs-cad or dragon@lll-crg

mark@elsie.UUCP (Mark J. Miller) (12/11/84)

> I was taught that the Electoral College was originally created because:
> 	-1- it would have taken too long to gather up the popular vote
> 	-2- the founding fathers didn't really trust the people to make an
> 	    intelligent choice.
> 

(Perhaps the founding fathers were right?!)

The major argument that remains for the Electoral College is to prevent one
region of the country from forcing a popular regional candidate on the rest
of the nation. In 1976, for example, Jimmy Carter ran as the first
Southerner to get a major party nomination since the Civil War and won
the South by an overwhelming margin. His EC vote was very close, however.

-- 
Mark J. Miller
NIH/NCI/DCE/LEC
UUCP:	decvax!harpo!seismo!elsie!mark
Phone:	(301) 496-5688

marie@harvard.ARPA (Marie Desjardins) (12/11/84)

> The major argument that remains for the Electoral College is to prevent one
> region of the country from forcing a popular regional candidate on the rest
> of the nation. In 1976, for example, Jimmy Carter ran as the first
> Southerner to get a major party nomination since the Civil War and won
> the South by an overwhelming margin. His EC vote was very close, however.

So?  If Area X loves Candidate Y, and they have more people than there
are in other areas (or at least add enough votes to those of the rest of
the country to elect Candidate Y), why shouldn't that person be elected?

	Marie desJardins
	marie@harvard

geb@cadre.UUCP (12/12/84)

I believe the electoral college was created because initially
it was thought that the states should elect the president,
and not by popular vote.  During the early days of the US
the example of the popular hysteria that swept France after
their revolution was on everyone's mind and most of the
founding fathers did not trust the people's ability to
withstand demagoguery.  The electoral college gives a little
more power to the less populous states and thus preserves some
regionalism.  It would be almost impossible to do away with
the system, since the constitutional amendment necessary would
fail to pass 3/4 of the state legislatures, since it would
enhance the power of the large population states at the expense
of the majority of small population states.

lmc@denelcor.UUCP (Lyle McElhaney) (12/13/84)

> > The major argument that remains for the Electoral College is to prevent one
> > region of the country from forcing a popular regional candidate on the rest
> > of the nation.
> 
> So?  If Area X loves Candidate Y, and they have more people than there
> are in other areas (or at least add enough votes to those of the rest of
> the country to elect Candidate Y), why shouldn't that person be elected?
> 
Historically, the real reason is that there was no other way to get enough
votes for the original constitution in the Continental Congress (?) except
to compromise. Many small colonies felt that populous Virginia would rule
the nation, so they refused to sign until the Senate was set up to protect
low-population states. The electoral college serves the same function, since
the number of votes is the sum of the number of senators and representatives.
Without this compromise the constitution would not have had enough votes
to go into effect; thereafter inertia and political conservatism kept the
electoral college there.
-- 
Lyle McElhaney
{hao, stcvax, brl-bmd, nbires, csu-cs} !denelcor!lmc

87064023@sdcc3.UUCP ({|lit) (12/21/84)

> 
> I understand (as well as it's possible to understand, I guess!) how the
> electoral college system works.  But can anyone explain why this system
> was created?

	A quick reading of the political correspondence of the time
reveals that the authors of the constitution were faced with a
dillemma: how to place the electoral process in the hands of the
populace while avoiding the "inevitable" effects of "the tyrrany of
numbers".  Their solutions was to let the populous elect those who
would elect the president.
	An interesting side note is that the authors of the
constitution did not think anyone would *EVER* get a majority of the
Electoral College votes, and expected that most elections would fall
to the House of Representatives.  In this way, they would again be
protected from "the folly of popular whim" by having only
congressmen cast ballots for the president.  This would also have
served to make the president more beholden to Congress (since the
house would have to re-elect him).  Only the birth of national
political parties foiled this plan.  (Wallace came close to forcing
the election to the House in the 1960's, however).

87064023@sdcc3.UUCP ({|lit) (12/21/84)

> Technically, the electors can vote for anyone they wish.  There was even a
> recent occasion (1968 I think) when an elector voted differently from the
> way he had pledged, and his actual vote counted (but didn't affect the
> results).

	There have been a lot of times when an elector voted
differently from the way he had pledged.  The Libertarian party has
received electoral votes at least 3 times (sometimes more that one
vote) and in the 1972 race a Carter delegate voted for Ford.  Teddy
Roosevelt's Bull Moose progressive party received a bunch of
change-overs between the popular election and the EC election.
(they ended up coming in second, with one of the "major" parties
coming in third.)
	Similar things have happened to the Prohibition party and other
significant third parties throughout our history.

colonel@gloria.UUCP (George Sicherman) (12/28/84)

> I read another good argument for the electoral college:
> It limits the scope of the damage from hanky-panky.  Sometimes
> even this mechanism fails.  In 1960, Mayor Daley's vote
> totals from Chicago gave Kennedy the Election.  Nixon didn't
> challenge but it was almost certain that in an honest election
> he would have won Illinois.  If there was no electoral college,
> cheating would be more likely to swing the entire election
> rather than just one state's votes.

So it looks as if the Electoral College _increases_ the scope
of dishonesty!  Swing one state and you may swing the nation.
-- 
Col. G. L. Sicherman
...seismo!rochester!rocksanne!rocksvax!sunybcs!gloria!colonel