Question (answer with rationale invited):
Should the Electoral College elect Clinton or Trump?”
- The United States is primarily a federation of sovereign states. This is most obviously represented by the Senate, where each state has an equal vote. This assumption was widely, though not universally, held when the Constitution was written and ratified.
- The United States is primarily a democracy. This is most obviously represented in the House of Representatives, where each state’s voting power is proportional to its population. This assumption is widely, though not universally, held today.
- First, the electors, unlike US Representatives, are not allocated strictly by population: smaller states get proportionally more representation, therefore larger states get proportionally less, because the number of a state’s electors is the number of its (population-proportional) Representatives, PLUS TWO. This triples Delaware’s voting power in the Electoral College, for example, but only increases California’s by 4%. This adds an element of federalism to an otherwise democratic process.
- Second, in all but two states, a state’s electors represent only the majority of the state’s populace; the minority has no representation in the Electoral College. This strongly pushes the Electoral College system in the direction of federalism rather than democracy. But the Constitution doesn’t require this system; nor does it prohibit it. In fact, in the US’s earliest elections, Electors were chosen in most states by the legislature, not by the people. Moreover, the Constitution contains no assumptions about the existence of political parties, which is important because states that adopted the “winner take all” system of choosing electors were motivated by partisan considerations — the winner-take-all system gives the majority party in the state more power in choosing the President than would a proportional system (like Maine’s or Nebraska’s).
- Third, the Constitution does not assume that Electors are legally required to vote for the candidate they stood for during the election. Yet many states do have laws that say that Electors must vote for the candidate for whom they stood during the election. The constitutionality of these laws has never been sustained or rejected in the courts.
If so, should that be the recent history, the early history, or the overall history of the US?