It's
been a while since the presidential elections. There have been many
news cycles and the issue is quiet now, so it's a good time to
address it. Donald Trump was elected president. But Hillary Clinton
got more votes than he did. Neither got a majority. Neither had the
trust of the American people. Yet the election and its results were
the source of more passion than we have experienced in recent years.
There have been protests and riots by Clinton supporters who refuse
to accept Trump as their president. Assorted “hate-crimes” have
been attributed to those who voted for Trump, and they're viewed as
racists.
The
media have echoed many of these accusations, and press coverage has
often paralleled that during the campaign, with those who oppose the
new administration continuing to find fault with the new president
and his transition team. Despite the fact that it is moving faster
than some of the previous administrations, they have accused it of
failure to act and of poor performance and disunity in general. They
made no such accusations when those they supported had been elected,
and they didn't use the post-election period then as a time to sow
discord among the electorate. That's not really much of a surprise
in view of the idea that the first thing that a party (and its
partisans) must do following an election I to begin preparations for
the next election.
There's
an important additional issue that the election has raised. Though
the situation is not unique, there is much angst about a minority
president. On four previous occasions (and this makes five although
the vote discrepancy is the greatest now) we have elected a minority
president (in this instance a “minority president” is defined as
a candidate who has fewer votes than another candidate – there have
been others in which the winner had a minority of the votes but had a
plurality –
Abraham
Lincoln, for example, received only 39 percent of the popular vote in
1860 but nearly 60% of the electoral votes),
although this happens for no other office. It results from the
existence of the Electoral College, which occupies a disproportional
part of the Constitution, and which was altered by the Twelfth
Amendment. And while it interposes “electors” between the voters
and the candidates, within each state the slate of electors is chosen
by majority vote. The electors are free to vote for candidates other
than those they claimed to support, but that has not happened. The
system certainly puts the voter closer to the choice for leader than
what exists in many other democracies – a selection by members of
the winning party.
It's
important to remember how we arrived at this system, and the history
of our country tells us. We have a federal government (courtesy of
the Federalists naturally) that represented the union of several
pre-existing states that feared the loss of their significance when
the new country was formed. Their advocates wanted assurance that
the states would remain the representatives of their people and their
territory. They believed that many decisions were best made locally.
They didn't agree that “one size fits all.” James Madison's
Electoral College was one of the mechanisms by which they retained
authority locally – perhaps for the better. Were we to declare now
that popular vote should be the decisor of presidential elections,
the strength of the states would be significantly weakened, and large
parts of the country would have little chance to meet with the
candidates (and, indeed, the candidates would have little interest in
most of the country) since their primary involvement would be in the
large cities. The majority would be of much greater concern then the
minority.
And
that raises another question: What is our responsibility to
minorities? We certainly emphasize the view that the majority should
not be able to impose its will on those minorities in which we find
ourselves, or with which we identify. We're sensitive to cultural
and economic differences – even if we deny any differences among
our “majority” citizens. We've even ascribed “minority”
status to women, who are in the majority. The term, and the concept
of protection of minorities, have come to be more issues of politics
than anything else. And in the process we have chosen to take our
stand for majority “rights” on a political issue – a
constitutional one – as we reject it otherwise. We favor minority
rights as long as they are beneficial to us or to our philosophy.
As
I noted, in all likelihood by the time this essay is published the
Electoral College will not be among the most important matters we're
considering. There won't be many Google®
searches for it. However if the concept is wrong, it is wrong even
between election cycles, and it is worthy of debate before it becomes
an point of contention once again. But if we decide to eliminate it,
with the consequent strengthening of the federal system and the
weakening or elimination of any significance of individual states, we
should consider the results of such an act. A nation in which a dirt
farmer and a banker, a Hollywood movie star and a Detroit mechanic, a
retiree in Florida and an entrepreneur in Alaska, are all treated
identically and with indistinguishable expectations and obligations,
may not be the answer to our problems.
One
man one vote is sacrosanct, but in many ways it's insufficient.
November 17, 2016
November 17, 2016