We Need Electoral College
So why does the United States use the Electoral College to elect our presidents instead of the popular vote? Author, lawyer and Electoral College expert Tara Ross says that to understand the Electoral College is to understand American democracy. She explains and tells us why it matters in this edition of PragerU.
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Most Americans don’t ultimately care whether their presidential candidate wins or loses in their state or district . . . they care whether he/she wins the White House. Voters want to know, that even if they were on the losing side, their vote actually was equally counted and mattered to their candidate. Most Americans think it would be wrong for the candidate with the most popular votes to lose. We don’t allow this in any other election in our representative republic.
The presidential election system, using the 48 state winner-take-all method or district winner method of awarding electoral votes, that we have today was not designed, anticipated, or favored by the Founding Fathers. It is the product of decades of change precipitated by the emergence of political parties and enactment by 48 states of winner-take-all laws, not mentioned, much less endorsed, in the Constitution.
Unable to agree on any particular method for selecting presidential electors, the Founding Fathers left the choice of method exclusively to the states in Article II, Section 1:
“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors….”
The U.S. Supreme Court has repeatedly characterized the authority of the state legislatures over the manner of awarding their electoral votes as “plenary” and “exclusive.”
States have the responsibility and power to make their voters relevant in every presidential election. The bill uses the power given to each state by the Founding Fathers in the Constitution to decide how they award their electoral votes for president. It does not abolish the Electoral College, which would need a constitutional amendment, and could be stopped by states with as little as 3% of the U.S. population. Historically, major changes in the method of electing the President, including ending the requirement that only men who owned substantial property could vote and 48 current state-by-state winner-take-all laws, have come about by state legislative action, without federal constitutional amendments.
More than 2,110 state legislators (in 50 states) have sponsored and/or cast recorded votes in favor of the National Popular Vote bill.
In Gallup polls since 1944, only about 20% of the public has supported the current system of awarding all of a state’s electoral votes to the presidential candidate who receives the most votes in each separate state (with about 70% opposed and about 10% undecided).
Support for a national popular vote is strong among Republicans, Democrats, and Independent voters, as well as every demographic group in every state surveyed recently. In the 39 red, blue, and purple states surveyed, overall support has been in the 67-83% range – in rural states, in small states, in Southern and border states, in big states, and in other states polled.
The National Popular Vote bill has passed 33 state legislative chambers in 22 rural, small, medium, large, Democratic, Republican and purple states with 250 electoral votes, including one house in Arkansas (6), Maine (4), Michigan (16), Nevada (6), New Mexico (5), North Carolina (15), and Oklahoma (7), and both houses in Colorado (9). The bill has been enacted by 11 jurisdictions, including California, with 165 electoral votes – 61% of the 270 necessary to go into effect.
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