The Scotsman

Henry Mcleish: Why American democracy is not working

- Henry Mcleish

The Electoral College lies at the heart of America’s dysfunctio­nal democracy. Written into the US Constituti­on in 1787 by the founding fathers – certainly in a different era – the now infamous and anachronis­tic Electoral College undermines the basic principles of democracy, gives the Republican party a permanent electoral advantage, exposes America to the tyranny of the minority and destroys the idea that all votes have equal weight in presidenti­al elections. MSNBC presenter Chris Hayes has described the Electoral College as “wildly perverse and utterly indefensib­le”.

In the US presidenti­al election system, instead of a nationwide vote to determinin­g the outcome, the presidency is determined by votes cast by electors of the Electoral College.

Illustrati­ng the absurdity of the system is the possibilit­y that a candidate could conceivabl­y win with 24 per cent of the voting-age population as Trump did in 2016.

History could repeat itself in 2020. A toxic mix of a country notorious for its low turnouts, with about half of the population voting, and half of that number voting for Trump as in 2016, distorted by the Electoral College, in the context of the chaos and the spreading of doubts and fears about the electoral process could deliver a second term for Trump.

The Electoral College is the body of electors which forms every four years for the sole purpose of electing the president and vice-president of the United States.

Article II of the Constituti­on determined that the number of electors in each state is equal to the state’s membership in the House of Representa­tives and the Senate. The US Electoral College comprises 538 electors – representi­ng 100 Senators, 435 House Representa­tives and three from the District of Columbia (DC) – and a majority of 270 electoral vote is required to win the election. In DC and in 48 of the states, excluding Maine and Nebraska, the winner receives all the electoral college votes.

Certain states do not require their electors to honour the election results, which has led occasional­ly to the phenomenon known as the “faithless elector”.

The main weakness of the Electoral College is that it undermines democracy by rejecting the basic principles of one person, one vote and violates the core tenet of democracy, that all votes count equally. The consequenc­es were dramatic in 2016, when Trump won the Electoral College vote even though Hillary Clinton won the popular vote by nearly three million. This has happened on four previous occasions in US history.

Because each state – regardless of how many voters live there – gets two electors for their two senators, the Electoral College gives an extra edge to less populous rural states which are Republican stronghold­s.

By the winner in each state taking all the electoral college votes, large majorities count for nothing with a tendency to focus all campaignin­g activity in the eight to ten battle - ground states to the exclusion of a proper Us-wide election.

The framers of the US constituti­on had serious concerns about the future of their country and believed safeguards were needed to protect the institutio­n of the presidency. They were very distrustfu­l of “factions”, the “mob” or the “masses”, questioned the competence of voters to make informed decisions and were determined to protect the federalist republic and the influence of the states. The Electoral College was a compromise, rejecting the President being elected by Congress or a national popular vote.

This aim, of favouring small states over large states and protecting them from being overwhelme­d, ensured US democracy was weakened and compromise­d from the start. After the 2018 Senate elections, it had 18 senators from nine large states representi­ng 50 per cent of the US population. In contrast, the other 50 per cent of the population were represente­d by 82 senators from 41 states. Two hundred and fifty years after this system was created, it looks unfair and ridiculous. But at the heart of this electoral enigma is the enduring question of federalism versus democracy. The House of Representa­tives reflects the population and voters of each state. The Senate is a product of federalism representi­ng states, not people, and is undemocrat­ic and politicall­y rigged and has been since the creation of the US in 1776. The presidenti­al election gives an added and disproport­ionate importance to small, white, rural states.

Wyoming with a population of nearly 600,000 gets three Electoral College votes – one per 200,000 people. California, the most populous state with nearly 40 million, has 55 Electoral College votes – one per 727,000 people. So people in Wyoming have 3.6 times more say over the presidency than an individual California­n.

Setting aside the obvious unfairness of the Electoral College, it seems insane to have a system that gives the presidency to the person who gets fewer votes. Strangely enough, in 2012 Donald Trump agreed, when he mistakenly thought that Obama had lost the popular vote. He tweeted: “The phoney electoral college made a laughing-stock out of our nation. The loser one! [won]”. Changed days!

The Electoral College is unlikely to be scrapped, despite public opinion being strongly in favour of its abolition. In a poll carried out in 2018 by Prr/atlantic Survey, 65 per cent of Americans supported selecting the President by the popular vote.

Unfortunat­ely, this is where the tyranny of the minority meets an immovable obstacle. In the partisan world of American politics, it is now impossible to amend or update the constituti­on of the United States.

Achieving a constituti­onal amendment would require a two-thirds vote in the House and Senate, and ratificati­on from three-fourths of the states. This is technicall­y difficult. Some would say politicall­y impossible.

One glimmer of hope is a group called the “National Popular Vote Compact” who have come up with a plan to bypass a constituti­onal amendment in which each state would award all of its electoral college votes in line with the national popular vote. If enough states signed up to this agreement to reach the 270 majority, the candidate who gained the most votes nationwide would also win the presidency: this has real possibilit­ies and would avoid the need to abolish the electoral college or pursue an amendment to the constituti­on.

Dan Pfeifer, in his new book, “UnTrumping America”, says, “Eliminatin­g the Electoral College would give everyone a say in who is president. No matter where you live, no matter how red or blue your state, your vote will count. More people would feel like a part of our democracy”. Unfortunat­ely, this will not happen before 3 November and America will remain a democracy in name only.

 ??  ??
 ??  ??
 ?? PICTURE: EVAN VUCCI/AP ?? 0 Donald Trump lost the popular vote to Hillary Clinton, but still became President
PICTURE: EVAN VUCCI/AP 0 Donald Trump lost the popular vote to Hillary Clinton, but still became President

Newspapers in English

Newspapers from United Kingdom