In Defense of the Electoral College

by Robert J. Romano

November 2nd, 2004

I had thought that instead of making this final column before the election about the issues of the campaign, having extensively covered many of them over the past year, it might be better to look at the electoral college as enumerated in Article II, Section 1 of the Federal Constitution, and justified in The Federalist No. 68 by Alexander Hamilton:  "...the people of each  state shall choose a number of persons as electors, equal to the number of senators and representatives of such state in the national government, who shall assemble within the state and vote for some fit person as president.  Their votes, thus given, are to be transmitted to the seat of the national government, and the person who may happen to have a majority of the whole number of votes will be the president.  But as a majority of the votes might not always happen to centre on one man and as it might be unsafe to permit less than a majority to be conclusive, it is provided, that in such a contingency, the house of representatives shall select out of the candidates, who shall have the five highest numbers of votes, the man who in their opinion may be best qualified for the office..." Hamilton guarantees that this process  "affords a moral certainty" that the president shall have the  "requisite qualifications" to win the election in the several States.  I also believe that the electoral college affords a practical certainty that a majority of the eligible voters will be represented by the president who earns a majority of the electoral votes.  

        An unknown factor before any election is turnout, or the percentage of turnout which will take place on election day.  It is also a factor in which one State cannot overpower the other States on election day.  For instance, California, with her 16,557,273 registered voters, cannot determine the outcome of the election by a turnout of 100%.  In 2000, there were 15.7 million registered voters in California, and turnout nationally was roughly 100 million.  If that 100 million had included all 15.7 million of California's registered voters, and the electoral college did not exist, it is easy to see how a more populous State would have a considerable advantage in the federal scheme by merely increasing turnout.  However, in 2004, for instance, because of the electoral college, California will get her 55 electoral votes based on the number of representatives and senators, and whatever the turnout is in the election, a clever scheme of representation based on population exists in the presidential election.  Because of the electoral college, turnout in individual States is a non-factor in determining the national outcome, and limits turnout to affecting only the outcome of the election in the State.  

        Such a scheme also prevents natural and manmade disasters from affecting the outcome of our country's only national election.  If a State was devastated by a hurricane in the weeks before an election, or another disaster like an earthquake, a terrorist attack, or a power outage hit, and turnout was affected greatly, in an election where only the popular vote counted nationally, those States affected would lose a say in the outcome of the election.  However, because of the electoral college, proportional representation based on population for the national election is guaranteed, and such disasters will not change the amount of any single State's votes in the college, and ultimately, the outcome of the election.

        For these reasons, it can be said that the electoral college presents a more accurate representation of the people of the United States.

        Hamilton wrote, "...Talents for low intrigue, and the little arts of popularity, may alone suffice to elevate a man to the first honors in a single State; but it will require other talents, and a different kind of merit, to establish him in the esteem and confidence of the whole Union, or of so considerable a portion of it as would be necessary to make him a successful candidate for the distinguished office of President of the United States. It will not be too strong to say, that there will be a constant probability of seeing the station filled by characters pre-eminent for ability and virtue. And this will be thought no inconsiderable recommendation of the Constitution, by those who are able to estimate the share which the executive in every government must necessarily have in its good or ill administration. Though we cannot acquiesce in the political heresy of the poet who says: 'For forms of government let fools contest -  That which is best administered is best,' yet we may safely pronounce, that the true test of a good government is its aptitude and tendency to produce a good administration..." Thus, it is important that the chief executive of our great country be representative of not just a simple majority of those who vote, but also each and every State in the Union.  Only a man, or woman, of special talent and merit can accomplish a majority of the electoral college, and requires the candidate to campaign in each State with the guarantee that the individual State's electoral votes will count come election day.

        One of the great aspects of our freedom is the ability to vote for our leadership.  This is our political liberty which is guaranteed by our republican form of government.  And, one of the great aspects of federalism is that each State in the Union is represented based on population by the president.  Attaining an electoral college majority counts for something more, in my opinion, and upholds State's rights.  I do not believe that a reasonable person who believes in the principles of both federalism and republicanism could observe our process and conclude anything other than that the Founders' deliberations over the election of the president were shrewd, wise, practical, moral, and right.  Regardless of the so-called popular vote's outcome tomorrow, I believe we should trust in the outcome which truly matters.  The electoral college has stood the test of time, and has earned our respect.  It is the process by which our great presidents over the past two centuries have been chosen, and has served us well by guaranteeing a federal republican form of government.

        The election for the highest office in the land takes place today, and we must honor the result, regardless of the outcome.  Please do not forget to vote.