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Advice Worth Taking from a Kennedy PDF Print E-mail
by Tara Ross    Tue, Jul 15, 2008, 05:14 PM

Massachusetts would do well to listen to the advice of Senator Kennedy.

 

No, not that Kennedy. I am referring to John F. Kennedy, who was a Senator before he was President. Speaking from the Senate floor, Kennedy once referred to the checks and balances in the Constitution as a “solar system” of governmental power. This system of checks and balances, he noted, works as a whole, taken together. If one of the Constitution’s protective devices is eliminated, every other element of the solar system is impacted.

Consider an example: If the gravitational pull of the sun is modified, everything else changes, too. The orbit of each planet would shift, impacting that planet’s atmosphere. Earth could become uninhabitable. Senator Kennedy understood that the same dynamic is present in the Constitution. The balance of power among governmental branches is delicate, and even a minor change could cause everything to shift. The American experiment, successful for two centuries, could quite easily implode.

Readers might be surprised to hear what constitutional institution, in particular, Kennedy was defending in his remarks. His statements were made in defense of the much-maligned and misunderstood Electoral College. Kennedy stated:

“[I]t is not only the unit vote for the Presidency we are talking about, but a whole solar system of governmental power. If it is proposed to change the balance of power of one of the elements of the solar system, it is necessary to consider all the others.”

Massachusetts is on the brink of casting his advice to the wind. Last week, the state House approved an anti-Electoral College bill. The bill is being considered by the state Senate this week. If enacted, the bill commits Massachusetts to an interstate compact. States participating in the compact agree to award all their presidential electors to the winner of the national popular vote. The compact goes into effect when states holding 270 electoral votes (a majority of electors) have agreed to the plan. The compact has already been approved by Hawaii (4 electoral votes), Illinois (21 electoral votes), Maryland (10 electoral votes), and New Jersey (15 electoral votes). Adding Massachusetts to the pact raises the number of potentially committed electors to 62.

One supporter of the bill, Massachusetts representative Garrett Bradley, House Chairman of the Joint Committee on Election Laws, argues that the “bill is a constitutional way of making sure the person with the most votes wins.”

Well, sort of. But Bradley neglects to mention one small fact. The legislation does not contain a run-off provision. Such a provision can’t be included because states agreeing to the pact have no mechanism for enforcing a run-off in states that do not pass the legislation. Thus, the presidential candidate with “the most votes” wins even if he does so with a very small plurality. That point can’t be emphasized too strongly: Under this plan, a candidate could win the presidency even if he obtains no more than 20 or 30 percent of the popular vote. Without the Electoral College, third party candidates will gain many more votes than they do today. So such an outcome is much more likely than it might seem at first glance.

Talk about a change in the solar system! Today’s system requires candidates to build national coalitions. Support that is isolated to one region or special interest group is useless because candidates need a majority of states’ votes to win. But in this new world, catering to one special interest group might be sufficient to gain the small plurality needed for victory. Indeed, candidates could energize these voting blocks by promising them anything and everything, without regard to other Americans’ legitimate needs. If a candidate is elected because he turned out 20 percent of voters with his promises to pro-gun activists, will the other 80 percent of voters feel that such a president is their president also? What if the candidate is elected on pro-life promises? Pro-choice promises? Promises to oil interests, mining interests, or environmental interests?

A candidate who has been rejected by 70 to 80 percent of the voting public is not the candidate that “most Americans” support.

The Electoral College will never guarantee the election of a President who is the first choice of a majority of voters. Such a guarantee is impossible in a country as diverse as America. But the Electoral College does the next best thing: It finds a candidate who is an acceptable compromise candidate for a majority of Americans, as represented by their states.

This important benefit of the American solar system should not be casually thrown away.

Comments (5)add comment
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written by Nathan , July 16, 2008

"The Electoral College will never guarantee the election of a President who is the first choice of a majority of voters. Such a guarantee is impossible in a country as diverse as America. But the Electoral College does the next best thing: It finds a candidate who is an acceptable compromise candidate for a majority of Americans, as represented by their states."

I'm not sure where to begin. The electoral college, under unlikely but possible circumstances, allows for the loser of the popular vote to be the winner of the election. How is that a compromise? It's merely a distortion of the results. Notice the states that favor this law. The are left leaning blue states that are dominated by urban centers (Baltimore, D.C., NYC, Chicago, ect.). This is really about urban v. rural interest. Urban tends to be more democratic, big government and liberal while rural leans toward traditionalism, conservatism, and limited government. If you base the election of a president on a popular vote, then you take many of the conservative states out of play as the candidates will focus almost exclusively on the urban/suburban areas where most of us live.

The question might be better put: why should rural voters, who are a clear minority, have a distorted vote?



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written by Jim B , July 16, 2008

One should probably ask, "Are winner-take-all and the interstate compact democratic?" The answer is no for the following reasons. Winner-take-all from a democratic perspective is pure and simple vote stealing. Votes intended for a minority candidate are taken and given to the winning party's candidate in a State. The interstate compact attempts to obstruct the workings of the Electoral College. One might call into question its constitutionality. If the States mentioned in Tara's blog want to do away with the Electoral College why would they not put in place a system based on way the federal districts voted? In every recent presidential election the winner was the candidate who won the greatest number of Congressional districts. This seems to be the intent of the Electoral College. The President's constituency is not just the people of the nation but also the communities in which they live. If one eliminates the Electoral College one risks a descent to a tyranny of the majority.


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written by RelicMM , July 16, 2008

The Electoral College must be preserved. Democrats are now going for the Constitutional jugular. Checks and balances are under severe attack.


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written by Matt Pate , July 16, 2008

The question might be better put: why should rural voters, who are a clear minority, have a distorted vote?

For the same reasons that the Senate exists and that we have a bicameral legislature, not to mention all the reasons Tara indicates in her piece. Checks and balances mean exactly that - that the President should be a compromise between the states, as opposed to someone who can appeal to a few single issue voters in very large numbers.



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written by Jim B , July 27, 2008

In The Federalist Papers (No. 39) Madison discusses the plan of the Constitution and states that it is a composite of National and Federal systems. The National system is based on popular vote. It is clear that the authors of the Constitution believed in something more than a popular vote and one can see this also in way the Electoral College is organized. In Federalist No. 68 concerning the election of the President Hamilton addresses the need to secure the elections against corruption and foreign influence.



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