I noted an article that appeared in The Hill yesterday. Three Democrat senators have proposed a bill to abolish the Electoral College. They bring up an ongoing discussion that never seems to go away. It's the difference between a democracy and a representative republic.
Our inspired Founders as they established the Constitution of the United States sought to prevent a true democracy, fearing that a straight democracy would disenfranchise the minority if a direct election empowered a majority.
The Constitutional Convention, 1787 |
Instead, they opted for a form of government that instituted a representative republic with "checks and balances." It features three branches of government - the executive, the legislative and the judiciary. The elected representatives conduct the business of the people and are accountable ONLY to those whom they represent.
One fundamental principle of a constitutional republic is the protection of minority rights against the potential tyranny of the majority. This design counters direct democracy, where majority rules could potentially ride roughshod over minority interests. The U.S. Constitution outlines various checks and balances intended to prevent any single branch of government from gaining absolute power, thereby protecting individual rights from being infringed upon by majority vote.
The key element of this style of government is the separation of powers among branches of the government, a system meant to foster a balance of power. The legislative branch makes laws, the executive branch enforces these laws, and the judiciary interprets them. Each branch operates independently from the others to prevent any accumulation of power, adhering to the principles laid out by the framers of the Constitution.
Think of the background from which our Founders had escaped. They were subjects of the Crown of England, and they were seeking freedom from what they viewed as a despot in their King. When John Hancock, president of the Continental Congress, affixed his signature at the bottom of the Declaration of Independence he wrote it boldly and as large as he could. He quipped that he wrote it so large so that "the old fat King" would not have to use his spectacles to read his name, but that story may be fictional.
As it unfolded in the debates over the form of government Americans would adopt, the electoral process distinctly forms the basis of the U.S. as a republic. Citizens do not vote directly for laws and policies but instead elect representatives who make these decisions on their behalf. This filter theoretically places an informed decision-making body between the populace’s desire and the law, which aligns with the characteristics of a republic.
It is not surprising that in the aftermath of this most recent national election there would be some who would once again seek to blur the lines between the very issues our Founders debated. The conflation of "democracy" and "republic" in contemporary usage often obscures their distinct historical and Constitutional meanings.
A democracy, in its purest form as practiced in ancient Athens, involves direct participation of the citizenry in legislative decisions. While democratic, this approach was deemed impractical and potentially volatile by the framers of the U.S. Constitution, leading them to form a constitutional republic. This system combines representative democracy with foundational laws that protect individual rights and minority opinions against the potential tyranny of the majority.
During recent political upheavals, some commentators and politicians have asserted that calling the United States a democracy is incorrect, preferring instead the term "republic." This assertion, seen in media portrayals and political rhetoric, often suggests that appreciating the United States as a republic exclusively helps safeguard against the flaws of a pure democracy. Senator Mike Lee’s (R-UT) comments from October 2020 exemplify this stance as he described the American system as not one of mere majorities but rather as a “constitutional republic” where majority rule is tempered by statutory and constitutional boundaries. (Congressional Record vol. 166, no. 171 [October 8, 2020], statement of Sen. Mike Lee).
Having read this far into this post, some may simply say, "So what?" Well, the answer is it DOES make a difference what form of government we choose.
The Electoral College is the process by which Americans elect their President and Vice-President indirectly through their state's electors. Candidates must secure 270 electoral votes, a majority of the 538 at stake, to win the White House.
Before the general election, states select slates of electors. After voters cast their ballots in November, the candidate who wins the popular vote determines which slate of electors — Republican, Democrat or a third party — will cast electoral votes in the Electoral College for the president.
In most states, it's winner-take-all — whoever gets the most votes in the state wins all of its electoral votes.
In Maine and Nebraska, the rules are slightly different. They have a proportional representation system in which the winner of each congressional district is awarded one electoral vote, and the winner of the statewide vote is awarded each state's remaining two electoral votes. Some Republicans were hoping to change Nebraska's rules to a winner-take-all model, since one of its electoral votes often goes to the Democrat, but the effort fell short.
Electors meet in their respective states in mid-December to cast their votes for the president. The meeting takes place the first Tuesday after the second Wednesday in December, which fell on Dec. 17, 2024.
There is no Constitutional provision or federal law that requires electors to vote for the candidate to whom they are pledged, though they almost always do. "Faithless electors" are rare, since the electors are selected by the parties.
There are 538 electors in total across the 50 states and Washington, D.C.
Each state is allocated electors based on the size of its congressional delegation. Several states with the smallest populations — Alaska, Delaware, North Dakota, South Dakota, Vermont and Wyoming — have three electors each, since they have one representative in the House and two senators, while California, the largest, has 54 electoral votes. Washington, D.C., is also allocated three electors.
By spreading power and influence throughout the nation, we see the wisdom of our Founders. However, be aware that there will always and forever, it seems, be people who lose elections and seek to reverse the history of the Electoral College. They usually fly under a banner labelled "Progressives."
Put me down as a "Traditionalist."