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08/31/12 11:36 AM ET
Former vice president Al Gore is calling for an end to the Electoral College — the system that cost him the presidency in 2000.Gore said that many voters who live outside the dozen or so battleground states are cheated by the system that allocates delegates from the state level on a winner-take-all basis. He called for presidential elections to be determined by the popular vote.
"I’ve seen how these states are written off and ignored, and people are effectively disenfranchised in the presidential race. And I really do now think it is time to change that,” Gore said on Current TV, an independent cable network that he co-founded.
The Republican platform approved this week specifically opposes any change to the Electoral College process, constitutional or otherwise.
“We oppose the National Popular Vote Interstate Compact or any other scheme to abolish or distort the procedures of the Electoral College,” the platform reads. “We recognize that an unconstitutional effort to impose “national popular vote” would be a mortal threat to our federal system and a guarantee of corruption as every ballot box in every state would become a chance to steal the presidency.”
Gore said he supported the Electoral College even after the 2000 election, in which he won the popular vote but lost the Electoral College vote by 271-266 to George W. Bush. He has since had a change of heart.
“The logic is it knits the country together and prevents regional conflicts and goes back through our history with some legitimate concerns,” he said.
One proposal to change the system is through a constitutional amendment, which has been suggested numerous times but never gained traction. In the House, Rep. Jesse Jackson Jr. (D-Ill.) sponsored legislation that would provide for direct election of the president. It has attracted 29 Democratic co-sponsors but hasn’t made it out of committee.
Gore, on the other hand, said there is another route to take.
“It is always tough to amend the Constitution and risky to do so, but there is a very interesting movement under way that takes it state by state that may really have a chance of succeeding,” he said.
He appeared to be alluding to a system in which multiple states with a majority of electors could individually decide to allocate their votes to the winner of the popular vote, essentially bypassing the Electoral College.
The Electoral College is made up of 538 electors. A majority, or 270, of those electors are needed to become president.
Nine states have already enacted laws to allocate their electors to the winner of the popular vote, according to National Popular Vote, an organization that promotes the cause. They would only take effect after the bill passed enough states to hit the 270 threshold.
Former New York Gov. Eliot Spitzer, who also appeared on the Current TV program, said he considered the proposal when he was governor. He said even if states took individual action, the compact could require a vote from Congress.
“The constitutional issue is would this be a interstate compact that would require congressional approval,” he said.
STORY: http://thehill.com/blogs/blog-briefing-room/news/246951-al-gore-calls-for-end-to-electoral-college
The National Popular Vote bill would change existing state winner-take-all laws that award all of a state’s electoral votes to the candidate who get the most popular votes in each separate state (not mentioned in the U.S. Constitution, but since enacted by 48 states), to a system guaranteeing the majority of Electoral College votes for, and the Presidency to, the candidate getting the most popular votes in the entire United States.
ReplyDeleteThe National Popular Vote bill preserves the constitutionally mandated Electoral College and state control of elections. It ensures that every vote is equal, every voter will matter, in every state, in every presidential election, and the candidate with the most votes wins, as in virtually every other election in the country.
Under National Popular Vote, every vote, everywhere, would be politically relevant and equal in every presidential election. Every vote would be included in the state counts and national count. The candidate with the most popular votes in all 50 states and DC would get the 270+ ELECTORAL COLLEGE votes from the enacting states. That majority of ELECTORAL COLLEGE votes guarantees the candidate with the most popular votes in all 50 states and DC wins the presidency.
National Popular Vote would give a voice to the minority party voters in each state. Now their votes are counted only for the candidate they did not vote for. Now they don't matter to their candidate.
And now votes, beyond the one needed to get the most votes in the state, for winning in a state are wasted and don't matter to candidates. Utah (5 electoral votes) alone generated a margin of 385,000 "wasted" votes for Bush in 2004. 8 small western states, with less than a third of California’s population, provided Bush with a bigger margin (1,283,076) than California provided Kerry (1,235,659).
With National Popular Vote, every vote, everywhere would be counted equally for, and directly assist, the candidate for whom it was cast.
Candidates would need to care about voters across the nation. The political reality would be that when every vote is equal, the campaign must be run in every part of the country.
Now, candidates have no reason to poll, visit, advertise, organize, campaign, or care about the voter concerns in the dozens of states where they are safely ahead or hopelessly behind. More than 85 million voters, 200 million Americans, have been just spectators to the general election.
The bill uses the power given to each state by the Founding Fathers in the Constitution to change how they award their electoral votes for President. Historically, virtually all of the 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.
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 virtually every state surveyed in recent polls. Americans believe that the candidate who receives the most votes should win.
The bill has passed 31 state legislative chambers in 21 states. The bill has been enacted by 9 jurisdictions possessing 132 electoral votes - 49% of the 270 necessary to go into effect.
NationalPopularVote
Prior to arriving at the eventual wording of section 1 of Article II, the Constitutional Convention specifically voted against a number of different methods for selecting the President, including
ReplyDelete● having state legislatures choose the President,
● having governors choose the President, and
● a national popular vote.
After these (and other) methods were debated and rejected, the Constitutional Convention decided to leave the entire matter to the states.
The Electoral College is now the set of dedicated party activists, who vote as rubberstamps for presidential candidates. In the current presidential election system, 48 states award all of their electors to the winners of their state. This is not what the Founding Fathers intended.
The Founding Fathers in the Constitution did not require states to allow their citizens to vote for president, much less award all their electoral votes based upon the vote of their citizens.
The presidential election system we have today is not in the Constitution. State-by-state winner-take-all laws to award Electoral College votes, were eventually enacted by states, using their exclusive power to do so, AFTER the Founding Fathers wrote the Constitution. Now our current system can be changed by state laws again.
Unable to agree on any particular method for selecting presidential electors, the Founding Fathers left the choice of method exclusively to the states in section 1 of Article II of the U.S. Constitution-- "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."
The constitution does not prohibit any of the methods that were debated and rejected. Indeed, a majority of the states appointed their presidential electors using two of the rejected methods in the nation's first presidential election in 1789 (i.e., appointment by the legislature and by the governor and his cabinet). Presidential electors were appointed by state legislatures for almost a century.
Neither of the two most important features of the current system of electing the President (namely, universal suffrage, and the 48 state-by-state winner-take-all method) are in the U.S. Constitution. Neither was the choice of the Founders when they went back to their states to organize the nation's first presidential election.
In 1789, in the nation's first election, the people had no vote for President in most states, only men who owned a substantial amount of property could vote, and only three states used the state-by-state winner-take-all method to award electoral votes.
The current 48 state-by-state winner-take-all method (i.e., awarding all of a state's electoral votes to the candidate who receives the most popular votes in a particular state) is not entitled to any special deference based on history or the historical meaning of the words in the U.S. Constitution. It is not mentioned in the U.S. Constitution, the debates of the Constitutional Convention, or the Federalist Papers. The actions taken by the Founding Fathers make it clear that they never gave their imprimatur to the winner-take-all method.
The constitutional wording does not encourage, discourage, require, or prohibit the use of any particular method for awarding the state's electoral votes.
As a result of changes in state laws enacted since 1789, the people have the right to vote for presidential electors in 100% of the states, there are no property requirements for voting in any state, and the state-by-state winner-take-all method is used by 48 of the 50 states. States can, and frequently have, changed their method of awarding electoral votes over the years.
With the Electoral College and federalism, the Founding Fathers meant to empower the states to pursue their own interests within the confines of the Constitution. The National Popular Vote is an exercise of that power, not an attack upon it.
ReplyDeleteThe Electoral College is now the set of dedicated party activists who vote as rubberstamps for their party’s presidential candidate. That is not what the Founders intended.
The National Popular Vote bill preserves the Electoral College and state control of elections. It changes the way electoral votes are awarded in the Electoral College.
The current state-by-state winner-take-all method of awarding electoral votes (not mentioned in the U.S. Constitution, but since enacted by 48 states), under which all of a state's electoral votes are awarded to the candidate who gets the most votes in each separate state, ensures that the candidates, after the conventions, in 2012 will not reach out to about 76% of the states and their voters. Candidates have no reason to poll, visit, advertise, organize, campaign, or care about the voter concerns in the dozens of states where they are safely ahead or hopelessly behind.
More than 2/3rds of the states and people have been just spectators to the presidential elections. That's more than 85 million voters.
Policies important to the citizens of ‘flyover’ states are not as highly prioritized as policies important to ‘battleground’ states when it comes to governing.
States have the responsibility and power to make all of their voters relevant in every presidential election and beyond.
Unable to agree on any particular method, the Founding Fathers left the choice of method for selecting presidential electors exclusively to the states by adopting the language contained in section 1 of Article II of the U.S. Constitution-- "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."
Federalism concerns the allocation of power between state governments and the national government. The National Popular Vote bill concerns how votes are tallied, not how much power state governments possess relative to the national government. The powers of state governments are neither increased nor decreased based on whether presidential electors are selected along the state boundary lines, or national lines (as with the National Popular Vote).
The current state-by-state winner-take-all system of awarding electoral votes maximizes the incentive and opportunity for fraud and voter suppression. A very few people can change the national outcome by adding, changing, or suppressing a small number of votes in one closely divided battleground state. With the current system all of a state's electoral votes are awarded to the candidate who receives a bare plurality of the votes in each state. The sheer magnitude of the national popular vote number, compared to individual state vote totals, is much more robust against manipulation.
ReplyDeleteNational Popular Vote would limit the benefits to be gained by fraud or voter suppression. One suppressed vote would be one less vote. One fraudulent vote would only win one vote in the return. In the current electoral system, one fraudulent vote could mean 55 electoral votes, or just enough electoral votes to win the presidency without having the most popular votes in the country.
The closest popular-vote election in American history (in 1960), had a nationwide margin of more than 100,000 popular votes. The closest electoral-vote election in American history (in 2000) was determined by 537 votes, all in one state, when there was a lead of 537,179 (1,000 times more) popular votes nationwide.
For a national popular vote election to be as easy to switch as 2000, it would have to be two hundred times closer than the 1960 election--and, in popular-vote terms, forty times closer than 2000 itself.
Which system offers voter suppressors or fraudulent voters a better shot at success for a smaller effort?
In 1969, The U.S. House of Representatives voted for a national popular vote by a 338–70 margin. It was endorsed by Richard Nixon, Gerald Ford, and various members of Congress who later ran for Vice President and President such as then-Congressman George H.W. Bush, and then-Senator Bob Dole.
ReplyDeleteJason Cabel Roe, a lifelong conservative activist and professional political consultant wrote in National Popular Vote is Good for Republicans: "I strongly support National Popular Vote. It is good for Republicans, it is good for conservatives . . . , and it is good for America. National Popular Vote is not a grand conspiracy hatched by the Left to manipulate the election outcome.
It is a bipartisan effort of Republicans, Democrats, and Independents to allow every state – and every voter – to have a say in the sele
ction of our President, and not just the 15 Battle Ground States.
National Popular Vote is not a change that can be easily explained, nor the ramifications thought through in sound bites. It takes a keen political mind to understand just how much it can help . . . Republicans. . . . Opponents either have a knee-jerk reaction to the idea or don’t fully understand it. . . . We believe that the more exposure and discussion the reform has the more support that will build for it."
Former Tennessee U.S. Senator and 2008 presidential candidate Fred Thompson(R), former Illinois Governor Jim Edgar (R), and former U.S. Representative Tom Tancredo (R-CO) are co-champions of National Popular Vote.
National Popular Vote's National Advisory Board includes former Senators Jake Garn (R–UT), and David Durenberger (R–MN) and former congressman John Buchanan (R–AL).
Saul Anuzis, former Chairman of the Michigan Republican Party for five years and a former candidate for chairman of the Republican National Committee, supports the National Popular Vote plan as the fairest way to make sure every vote matters, and also as a way to help Conservative Republican candidates. This is not a partisan issue and the NPV plan would not help either party over the other.
Rich Bolen, a Constitutional scholar, attorney at law, and Republican Party Chairman for Lexington County, South Carolina, wrote:"A Conservative Case for National Popular Vote: Why I support a state-based plan to reform the Electoral College."
Some other supporters who wrote forewords to "Every Vote Equal: A State-Based Plan for Electing the President by National Popular Vote " include:
Laura Brod served in the Minnesota House of Representatives from 2003 to 2010 and was the ranking Republican member of the Tax Committee. She was the Minnesota Public Sector Chair for ALEC (American Legislative Exchange Council) and active in the Council of State Governments.
James Brulte served as Republican Leader of the California State Assembly from 1992 to 1996, California State Senator from 1996 to 2004, and Senate Republican leader from 2000 to 2004.
Ray Haynes served as the National Chairman of the American Legislative Exchange Council (ALEC) in 2000. He served in the California State Senate from 1994 to 2002 and was elected to the Assembly in 1992 and 2002
Dean Murray is a member of the New York State Assembly. He was a Tea Party organizer before being elected to the Assembly as a Republican, Conservative Party member in February 2010. He was described by Fox News as the first Tea Party candidate elected to office in the United States.
Thomas L. Pearce served as a Michigan State Representative from 2005–2010 and was appointed Dean of the Republican Caucus. He has led several faith-based initiatives in Lansing.
Congressional consent is not required for the National Popular Vote compact under prevailing U.S. Supreme Court rulings. However, because there would undoubtedly be time-consuming litigation about this aspect of the compact, National Popular Vote is working to introduce a bill in Congress for congressional consent.
ReplyDeleteThe U.S. Constitution provides:
"No state shall, without the consent of Congress,… enter into any agreement or compact with another state…."
Although this language may seem straight forward, the U.S. Supreme Court has ruled, in 1893 and again in 1978, that the Compacts Clause can "not be read literally." In deciding the 1978 case of U.S. Steel Corporation v. Multistate Tax Commission, the Court wrote:
"Read literally, the Compact Clause would require the States to obtain congressional approval before entering into any agreement among themselves, irrespective of form, subject, duration, or interest to the United States.
"The difficulties with such an interpretation were identified by Mr. Justice Field in his opinion for the Court in [the 1893 case] Virginia v. Tennessee. His conclusion [was] that the Clause could not be read literally [and this 1893 conclusion has been] approved in subsequent dicta."
Specifically, the Court's 1893 ruling in Virginia v. Tennessee stated:
"Looking at the clause in which the terms 'compact' or 'agreement' appear, it is evident that the prohibition is directed to the formation of any combination tending to the increase of political power in the states, which may encroach upon or interfere with the just supremacy of the United States."
The state power involved in the National Popular Vote compact is specified in Article II, Section 1, Clause 2 the U.S. Constitution:
"Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors…."
In the 1892 case of McPherson v. Blacker (146 U.S. 1), the Court wrote:
"The appointment and mode of appointment of electors belong exclusively to the states under the constitution of the United States"
The National Popular Vote compact would not "encroach upon or interfere with the just supremacy of the United States" because there is simply no federal power -- much less federal supremacy -- in the area of awarding of electoral votes in the first place.