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garybeck

(10,041 posts)
Tue Oct 29, 2024, 10:45 AM Oct 29

The electoral college is 100% PURE BULLSHIT!

The electoral college should be ruled unconstitutional.
In a democracy, every vote is supposed to count equally, right?
In our system we have millions of disenfranchised voters every national election.
If you live in a state that votes for the Dem, every single vote over 50% is a lost vote, a wasted vote, a disenfranchised voter.
I live in Vermont. I am disenfranchised.
This is pure bullshit.
It's an archaic system that was created a long time ago for some stupid reasons that don't apply to today's world at all.
It completely goes against our democracy, and democratic principles in general.
I know most people here already know this and agree.
But you know what, if we could fix that this one thing, it would be huge. The president would actually by chosen by the majority vote in our country. Isn't that how it's supposed to be in a democracy?
In all likelihood, Kamala will win the popular vote. We are all sweating bullets right now because of the electoral college.
I can't believe there hasn't been a serious effort to get rid of this bullcrap.
What could be simpler?
one person. one vote. = democracy.
anything else is BULLSHIT.

113 replies = new reply since forum marked as read
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The electoral college is 100% PURE BULLSHIT! (Original Post) garybeck Oct 29 OP
Time to do away with it. republianmushroom Oct 29 #1
Petition to eliminate Electoral College - actblue kerry-is-my-prez Oct 29 #55
How does one rule the Constitution unconstitutional? sarisataka Oct 29 #2
well. if there are two contradictory things in there, garybeck Oct 29 #64
It is horrible. H2O Man Oct 29 #84
Yeah there's no way we can get rid of the electoral college without an amendment. Initech Oct 29 #104
..and there never will be Cirsium Oct 30 #105
Technically, it can't be unconstitutional if it's part no_hypocrisy Oct 29 #3
Perhaps by ruling that if each candidate receives an equal number of the popular vote then the EC kicks in in2herbs Oct 29 #5
But that's not what the Constitution says. It would take an Amendment to do that, not a court decision. rsdsharp Oct 29 #51
That is how an amendment would work. nt in2herbs Oct 29 #65
Amendments aren't "ruling[s]." Court decisions are. rsdsharp Oct 29 #66
The fundamental problem is that it IS constitutional. We need to amend the US Constitution to abolish it. Pacifist Patriot Oct 29 #4
The Senate composition is unamendable DetroitLegalBeagle Oct 29 #11
Thank you, this doesn't get said enough Amishman Oct 29 #18
Equal should be replaced by equitable everywhere dickthegrouch Oct 29 #19
You can not change the senate but you can work to balance things in the house. bottomofthehill Oct 29 #81
What are the other unamendable provisions? dpibel Oct 29 #25
We could hypothetically write and ratify a new constitution Jerry2144 Oct 29 #28
You don't have to rewrite the Constitution to pass an amendment dpibel Oct 29 #34
But when you factor in how old it isand how much things changed Jerry2144 Oct 29 #46
let's write a new constitution after the MAGAts succeed from the Union, like they did last time Stardust Mirror Oct 29 #82
There are 3 unamendable provisions written into the Constitution DetroitLegalBeagle Oct 29 #62
proposed amendment lapfog_1 Oct 29 #36
Damn! I've read a couple of really compelling articles about this by people who should know better. Pacifist Patriot Oct 29 #39
Here's a possibility dpibel Oct 29 #48
Actually it can be. Angleae Oct 29 #59
Yes DetroitLegalBeagle Oct 29 #63
Thank you for that clarification. Pacifist Patriot Oct 29 #72
Well then the Senate will continue to be RW, radius777 Nov 3 #111
True. - - - - also true , it's all been said before stopdiggin Oct 29 #6
We're not one country Baggies Oct 29 #7
What leverage do the small states have? dpibel Oct 29 #9
The current situation has worked Baggies Oct 29 #20
Trade for 32 of 32? Sure. dpibel Oct 29 #23
Not entirely Baggies Oct 29 #26
Objection. Nonresponsive. dpibel Oct 29 #31
Pax Romana Baggies Oct 29 #33
LOL dpibel Oct 29 #35
Our system is designed Zeitghost Oct 29 #70
The EC does that? dpibel Oct 29 #73
Not by itself Zeitghost Oct 29 #83
Explain for those of us who are slow dpibel Oct 29 #86
this was all about the south and owning black people lapfog_1 Oct 29 #37
WTF Skittles Oct 29 #79
We are a federation of independent states. Cuthbert Allgood Oct 29 #89
THEY NEED TO GET RID OF IT Skittles Oct 29 #95
Rant on brother. maxsolomon Oct 29 #8
The US far from unique in not directly electing its head of government Jose Garcia Oct 29 #10
Unconstitutional, even though it is in the constitution ? MichMan Oct 29 #12
the 87th Amendment. Citizens fee-fees shall not be hurt? WarGamer Oct 29 #15
Can you kindly point me dpibel Oct 29 #76
actually this happens all the time lapfog_1 Oct 29 #41
That isn't at all the same MichMan Oct 29 #56
much like Presidential immunity? lapfog_1 Oct 29 #74
I remember my outrage when I first learned about the EC BWdem4life Oct 29 #13
This is a very important point Metaphorical Oct 29 #40
If the GOP saw an advantage in going towards proportional representation MichMan Oct 29 #68
Got anything other than ad hominem? dpibel Oct 29 #77
I rather doubt it Metaphorical Oct 30 #106
I think baseball games should be decided by which team gets more home runs. WarGamer Oct 29 #14
Win more innings, win the game, regardless of dvan Oct 29 #16
You do know about MLB rules, right? dpibel Oct 29 #29
The Constitution mandates that we use the system we have now Kaleva Oct 29 #17
It's part of the Constitution Polybius Oct 29 #21
Democracy- sarisataka Oct 29 #22
This quote is not exactly an argument for minority rule dpibel Oct 29 #45
I am not arguing for minority rule sarisataka Oct 29 #54
You're misrepresenting the OP dpibel Oct 29 #78
Keep it as it is manicdem Oct 29 #24
"It's worked well" except for when it hasn't dpibel Oct 29 #30
Which is way too often since 2000 JCMach1 Oct 29 #32
It HAD a purpose for existing. That purpose has long passed. In It to Win It Oct 29 #42
WTF Skittles Oct 29 #98
K&R. Quite the Electoral Clown College ck4829 Oct 29 #27
I have a question for all you constitutional law experts - TBF Oct 29 #38
It's a Good Question Metaphorical Oct 29 #57
Thank you for the explanation - TBF Oct 29 #71
I don't see anyone saying the EC CAN'T be changed, just that it needs to be changed by contitutional kelly1mm Oct 29 #93
If it was keeping Republicans from getting elected it would have doc03 Oct 29 #43
And if it was keeping Republicans from getting elected, we would think it was sacrosanct. MichMan Oct 29 #69
The reasons weren't so stupid in 1787 DFW Oct 29 #44
Well said dpibel Oct 29 #50
Feelings aside Ontheboundry Oct 29 #47
Incantations dpibel Oct 29 #53
Article 4 section 4 Ontheboundry Oct 29 #60
I do not think dpibel Oct 29 #75
It don't say 'republican' Ontheboundry Oct 30 #107
Really, now? It do in my Constitution. dpibel Oct 30 #108
It's a legacy from mollifying the southern slave states so they would join the union al bupp Oct 29 #49
I couldn't agree more. raccoon Oct 29 #52
Until things improve -- like old rubes pass on -- there is virtually no chance of removing EC. Sad, but way it is. Silent Type Oct 29 #58
It was one of the dumbest ideas the creators decided Dem4life1234 Oct 29 #61
people in the backwoods of Idaho have access to the same information we all do Skittles Oct 29 #80
It really isn't Cuthbert Allgood Oct 29 #90
That horse has departed dpibel Oct 29 #96
But it's not dead Cuthbert Allgood Nov 3 #109
Say what? dpibel Nov 3 #110
I'm not saying it protects it; I'm saying it goes hand in hand. Cuthbert Allgood Nov 3 #112
You do know I can read your words, right? dpibel Nov 3 #113
Well Adam Smith's invisible hand sure is BS Blue Full Moon Oct 29 #67
This has been gone over many times here at DU. It is 100% not unconstitutional and the only kelly1mm Oct 29 #85
One more, as long as we're listing dpibel Oct 29 #87
Thats an expanded (but not needed) #1. If 270 EC votes states agree to award their EC kelly1mm Oct 29 #88
The only way Republicans would get on board for any reform to the EC or any method of reform that you outlined In It to Win It Oct 29 #91
Agree that the R's are not on board. But that doesn't change the available options, does it? If you kelly1mm Oct 29 #97
Not at all. I'm not disagreeing with you. In It to Win It Oct 29 #99
Nor I with you then! Sorry for my confusion. NPV compact seems the only viable potential (not easy) option. nt kelly1mm Oct 29 #102
You can not eliminate the electoral college...it would require a constitution amendment. Demsrule86 Oct 29 #92
What needs to happen is for a Democrat to win the electoral college Jack Valentino Oct 29 #94
Right. That's the only way they'll get on board. In It to Win It Oct 29 #100
Back in the 1980's when they were winning the popular vote by large margins, Jack Valentino Oct 29 #101
Once again, The Framers framed us. Hassler Oct 29 #103

kerry-is-my-prez

(9,421 posts)
55. Petition to eliminate Electoral College - actblue
Tue Oct 29, 2024, 03:51 PM
Oct 29

YES! Our petition to ABOLISH the Electoral College is going VIRAL! But we still need 5 signatures: go.electdemsnow.org/1029D2

Elect Dems Now PAC
Stop2End

sarisataka

(21,304 posts)
2. How does one rule the Constitution unconstitutional?
Tue Oct 29, 2024, 10:53 AM
Oct 29

Like it or not, fair or not, it is the Constitutional way a President is elected. Always has been since day one.

An Amendment is needed. There is no political will to get such passed.

garybeck

(10,041 posts)
64. well. if there are two contradictory things in there,
Tue Oct 29, 2024, 05:18 PM
Oct 29

theoretically there would be a process to work it out.

but i get it, the constitution says it....

i'm just saying, it needs to go. it's stupid and unfair and just shows that we really don't live in a country where the people directly elect their leader. that is pretty f'd up.

H2O Man

(75,848 posts)
84. It is horrible.
Tue Oct 29, 2024, 10:04 PM
Oct 29

For sake of accuracy, both Article 2 and Amendment 12 mention "electors," but not the "electoral college." But at this time, it would take a constitutional amendment to get rid of the college, and that is not possible in the near future.

Initech

(102,627 posts)
104. Yeah there's no way we can get rid of the electoral college without an amendment.
Tue Oct 29, 2024, 11:48 PM
Oct 29

And it may take a war or two to get that amendment passed.

Cirsium

(1,175 posts)
105. ..and there never will be
Wed Oct 30, 2024, 12:24 AM
Oct 30

There never will be the political will to get such passed if we never advocate for it.

There was a time when there was no political will to end slavery. Slavery was Constitutional.

no_hypocrisy

(49,333 posts)
3. Technically, it can't be unconstitutional if it's part
Tue Oct 29, 2024, 10:55 AM
Oct 29

of The Constitution.

The remedy is to repeal via a new Amendment.

in2herbs

(3,235 posts)
5. Perhaps by ruling that if each candidate receives an equal number of the popular vote then the EC kicks in
Tue Oct 29, 2024, 10:58 AM
Oct 29

and whoever gets the most EC votes wins the election.

rsdsharp

(10,320 posts)
51. But that's not what the Constitution says. It would take an Amendment to do that, not a court decision.
Tue Oct 29, 2024, 03:47 PM
Oct 29

rsdsharp

(10,320 posts)
66. Amendments aren't "ruling[s]." Court decisions are.
Tue Oct 29, 2024, 05:27 PM
Oct 29

The word you used was “ruling,” hence my post.

Pacifist Patriot

(24,912 posts)
4. The fundamental problem is that it IS constitutional. We need to amend the US Constitution to abolish it.
Tue Oct 29, 2024, 10:56 AM
Oct 29

Last edited Tue Oct 29, 2024, 03:36 PM - Edit history (1)

I am 100% all in favor of that.

Personally, I also think the Senate should be proportional as well, but that too will take a constitutional amendment.

This is no reason not to go down that path, but something that is literally in the Constitution cannot be ruled unconstitutional. Dumped for being undemocratic, YES!

ETA: Mea culpa. My brain went to articles I have read by constitutional scholars, political scientists, and legislators regarding the undemocratic nature of the Senate. In retrospect, I do believe they were advocating for its abolition, not changing the nature of it.

DetroitLegalBeagle

(2,211 posts)
11. The Senate composition is unamendable
Tue Oct 29, 2024, 11:36 AM
Oct 29

Article 5 specifically excludes modifying the Senate without consent of the States whose number of Senators wouldnt be equal.

....provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

Amishman

(5,839 posts)
18. Thank you, this doesn't get said enough
Tue Oct 29, 2024, 12:17 PM
Oct 29

Calls to change the nature and composition of the senate are not just unrealistic, they are impossible and expose the ignorance of those making the claim.

dickthegrouch

(3,636 posts)
19. Equal should be replaced by equitable everywhere
Tue Oct 29, 2024, 01:03 PM
Oct 29

That alone would solve many problems that currently exist because of population growth and many more States than the original 13.

bottomofthehill

(8,915 posts)
81. You can not change the senate but you can work to balance things in the house.
Tue Oct 29, 2024, 09:41 PM
Oct 29

It is time to expand the House. It was capped by legislation, it can be changed legislatively.

dpibel

(3,450 posts)
25. What are the other unamendable provisions?
Tue Oct 29, 2024, 02:51 PM
Oct 29

What you're saying is rather like "We can't do away with the 2/3 rule! It's right there in the Constitution."

You seem to be saying that some provisions of the Constitution are locked in and cannot be changed.

I'm not sure what supports that proposition.

If you're saying that the overrepresented states would never approve such an amendment, that's probably true. But that's a different matter.

Jerry2144

(2,644 posts)
28. We could hypothetically write and ratify a new constitution
Tue Oct 29, 2024, 02:57 PM
Oct 29

That fixes everything wrong with the original one from 250 ish years ago. But that would be dangerous with the amount of christofascists in this country. Any effort to significantly amend or redo the constitution can be undermined by them

dpibel

(3,450 posts)
34. You don't have to rewrite the Constitution to pass an amendment
Tue Oct 29, 2024, 03:03 PM
Oct 29

It's been done before!

In fact, every amendment that's been passed has been passed without a Constitutional convention.

I'm afraid that saying "We should kill the EC" or "The composition of the Senate sucks" are not calls for fixing "everything wrong with the original." That is what we call a straw man.

Jerry2144

(2,644 posts)
46. But when you factor in how old it isand how much things changed
Tue Oct 29, 2024, 03:34 PM
Oct 29

Last edited Tue Oct 29, 2024, 04:44 PM - Edit history (1)

There can be an argument to rewriting it. There is a certain ambiguity

Stardust Mirror

(624 posts)
82. let's write a new constitution after the MAGAts succeed from the Union, like they did last time
Tue Oct 29, 2024, 09:44 PM
Oct 29

and this constitution won't have to be carefully crafted to guarantee the continuation of slavery*
slavery, y'know, upon which the entire economy of the colonies, North and South, were dependent

*3/5 clause
*Electoral College
*Senate
*the Article referenced above in this thread saying states must approve change in their representation

DetroitLegalBeagle

(2,211 posts)
62. There are 3 unamendable provisions written into the Constitution
Tue Oct 29, 2024, 04:58 PM
Oct 29

What is written in Article 5 supports what I am saying.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

The bolded part highlights what Article 5 excludes from the amendment process. The first provision has to do with the importation of slaves, the 2nd on Congress's ability to levy a unapportioned direct tax. Article 5 explicitly bars any Amendments from being passed that would affect those 2 items(which are found in Article 1, Sec 9, Clause 1 and Clause 4). The restrictions on both of these items expired in 1808. The 3rd provision is in regard to "equal suffrage in the Senate". That is, every State must have equal representation in the Senate. This equal representation cannot be changed unless the State or States that would lose equal representation consents to the change. This provision has no expiration and is still in effect.

In theory, you could amend Article 5 to remove the restriction, then pass an Amendment to change the Senate. But that's pointless. If the affected states are ok with losing equal representation in the Senate, then they can consent to an Amendment to change it. If they are not ok with losing it, then they can simply not ratify the Amendment that removes the restriction from Article 5, which leaves things as they are.

lapfog_1

(30,249 posts)
36. proposed amendment
Tue Oct 29, 2024, 03:07 PM
Oct 29

No state shall be admitted to the Union when that proposed state has less that 50 percent of the then existing state with the largest population, nor will any state exist in the union when that state's population falls below 50% of the then existing state with the largest population.

Let the mergers begin.

States are becoming less important every day. The concept of states might have made sense when one rarely traveled more than 50 miles from where you were born... but today there are very few "life long residents" of any single state. Needing to understand the totality of the legal code in every state to which you might reside or travel to in your life is an undue burden on the citizens of the United States or rather "America".

Georgia
It's illegal to harm yourself by coming into contact with a llama.

Minnesota
It's illegal to hunt feral swine.

Wisconsin
Some laws related to margarine remain on the books, margarine was completely outlawed from 1895 to 1967.

Pacifist Patriot

(24,912 posts)
39. Damn! I've read a couple of really compelling articles about this by people who should know better.
Tue Oct 29, 2024, 03:12 PM
Oct 29

Thanks for pointing this out. I had no idea.

dpibel

(3,450 posts)
48. Here's a possibility
Tue Oct 29, 2024, 03:41 PM
Oct 29

The people who know better understand that there's no such thing as a Constitutional provision that can't be changed by amendment.

Politically impossible, perhaps. But assuredly not as a matter of law.

If you could just point to a provision and say, "That's in the Constitution, dewd! Game over!" then there wouldn't have been any amendments after the first ten. And maybe not some of those.

Angleae

(4,663 posts)
59. Actually it can be.
Tue Oct 29, 2024, 04:10 PM
Oct 29

While article V does say that you cant deprives the states of equal sufferage in the senate, nothing says you can't change article V. You'd need 2 amendments to do this however, the first to change article V, then second to change/eliminate the senate.

DetroitLegalBeagle

(2,211 posts)
63. Yes
Tue Oct 29, 2024, 05:05 PM
Oct 29

That is basically the only way to do it. Still a big lift. 38 states would need to ratify such a change.

radius777

(3,814 posts)
111. Well then the Senate will continue to be RW,
Sun Nov 3, 2024, 10:58 AM
Nov 3

as well as the Scotus which it confirms. Both bodies have enormous power in shaping issues of national concern, not just state and local, in a way that the founders could have never envisioned. Consider that Dems have won the popular vote in 7 of the past 8 presidential elections - yet Scotus is 6-3 right wing. I don't see how this situation is tenable.

stopdiggin

(13,061 posts)
6. True. - - - - also true , it's all been said before
Tue Oct 29, 2024, 11:06 AM
Oct 29

and it would probably take a constitutional amendment (which AIN'T gong to happen) to effect a popular vote system.

(and, yes - we've all heard about the NPV pact. just more of the same - blah, blah, blah .. )

Baggies

(666 posts)
7. We're not one country
Tue Oct 29, 2024, 11:13 AM
Oct 29

For all intents, we are 50 separate countries who have agreed to cooperate on some things at the federal level. It’s working exactly as designed.

Your one vote in Vermont is worth as much as another vote in Vermont. Mine is Florida is equal to every other vote in Florida.

Why should the smaller states give up what little leverage they have? I’ve read/heard answers to that question, but none are going to happen, and I can’t say I blame the smaller states.

dpibel

(3,450 posts)
9. What leverage do the small states have?
Tue Oct 29, 2024, 11:22 AM
Oct 29

Please describe for me how the Electoral College gives the small states leverage?

As has been pointed out repeatedly, the small states are as resoundingly ignored by presidential candidates as the big states are. Because of the Electoral College, the only states where there's massive campaigning is the handful of swing states?

Do the small states bargain with the big states to get something out of how they caste their electoral votes?

Do they put the screws to political candidates to extract promises for their three or four or five electoral votes?

Tell me about this leverage.

As for the idea that we're 50 separate countries with a compact as to "certain things," that was the original plan under the Articles of Confederation. Worked about as well as you'd expect, which is why we have the current system.

Baggies

(666 posts)
20. The current situation has worked
Tue Oct 29, 2024, 02:17 PM
Oct 29

In the last 32 years, D’s have held the WH for 20 years. R’s have held it for 12 years. Would you rather trade?

It’s the smaller states binding together that prevents the larger states from dictating to them. One of the many problems of empires in history was friction between urban areas and rural areas. Rulers tended to focus on urban over rural because that’s where they lived and it’s easier for people to start uprisings in urban areas. Rulers want Pax Romana, not trouble. Keep the most people who are close to each other happy (urban), and you keep the peace. Rural people can attempt to rise up, but it’s more difficult since they are spread out.

The Senate gives every State equal representation regardless of population. The EC reflects the representatives from each State. It keeps the peace.



dpibel

(3,450 posts)
23. Trade for 32 of 32? Sure.
Tue Oct 29, 2024, 02:48 PM
Oct 29

Not sure what you think the trade you're offering is. Last I heard, we were discussing the Electoral College.

Without the Electoral College, Dems would likely have held the Presidency for 32 of the last 32 years (the "likely" is because there's no way to prove Gore would have been elected, nor what would have happened in the parallel world from 2008 to present.

But your question makes no sense. Doing away with the EC would in no way create a straight swap for those 32 years.

As to the small states banding together, please do tell. I haven't heard about the great Wyoming/NoDak/SoDak/Nebraska consortium.

And, while we're do-telling, please give me an example of, e.g., California attempting to dictate...well...anything to the above-listed small states.

You are making pretty abstract claims that, far as I no, have no relationship to the real world.

Once again: The small states get no special attention in presidential elections because their votes don't matter. With the EC, the only votes that matter are the swing states. Which, in case you've missed it, are actually not small states.

Finally, as to the protection of the poor little states by overrepresentation in the Senate, we've seen the clearest example you could ever what to see of what happens when the minority tyrranizes. Would I trade the Senate where a small fraction of Americans can dictate to the majority who sits on the Supreme Court for a system where that can't happen? With gusto.

Baggies

(666 posts)
26. Not entirely
Tue Oct 29, 2024, 02:52 PM
Oct 29

The first two paragraphs in post #7 addressed the EC.

The last paragraph was about smaller states not giving up their small advantage. That relates more to the Senate.

dpibel

(3,450 posts)
31. Objection. Nonresponsive.
Tue Oct 29, 2024, 03:01 PM
Oct 29

That's interesting. What do you have to say about the substance?

Baggies

(666 posts)
33. Pax Romana
Tue Oct 29, 2024, 03:03 PM
Oct 29

Rulers want peace.

Two Senators per State remains.
The EC remains.

Pax Romana

dpibel

(3,450 posts)
35. LOL
Tue Oct 29, 2024, 03:06 PM
Oct 29

Not even one example of the power of the little states banding together? You said it, not me.

You said the little states banding together paragraph was about the EC.

Surely you can give me an example of when that happened.

"Pax Romana" is an incantation, not an explanation.

 

Zeitghost

(4,557 posts)
70. Our system is designed
Tue Oct 29, 2024, 06:26 PM
Oct 29

So that a party with a slim majority can not dominate all three branches of government.

That's a feature, not a bug. We have been the slim minority before and will in all likelihood be a slim minority again at some point in the future.

dpibel

(3,450 posts)
73. The EC does that?
Tue Oct 29, 2024, 07:01 PM
Oct 29

I'm at a loss to see how.

You do know, don't you, that the framers of the Constitution didn't write it with parties in mind? They were forthrightly against parties at all.

So it escapes me how you think they designed a system to prevent one party from dominating all three branches, slim majority or not.

How is it you imagine that the Constitution actually contemplates partisanship in the judiciary at all?

Also, the presidency can, and frequently is, established by a slim majority. There is nothing in the system that says such a president has less power than one elected by a huge majority.

The only thing I can think of that your premise describes is the filibuster, which is not in the Constitution, nor was it part of the original design of the government.

Finally, the discussion here is about the Electoral College. What in the world does the EC have to do with the legislative or judicial branches?

In short, I can't make heads or tails of what you're saying. My failure, I'm sure.

 

Zeitghost

(4,557 posts)
83. Not by itself
Tue Oct 29, 2024, 09:58 PM
Oct 29

But along with other institutions like the Senate as well as features no longer in play (like the States selecting senators and EC votes) it does.

And yes, the founding fathers were largely against parties, but there have been competing factions with different political philosophies since before the Constitution was ratified. The system they devised helped ensure that no single faction could take total control with a 51% majority.

dpibel

(3,450 posts)
86. Explain for those of us who are slow
Tue Oct 29, 2024, 10:27 PM
Oct 29

How does the extant system ensure that no single faction could take total control with a 51% majority.

51% can take the presidency.

51% can take the House and the Senate (please don't invoke the filibuster).

And those two 51% can control the judiciary. Hell, right now we've got a judiciary that is controlled by people appointed by two presidents who got less than 51% of the vote.

I'm honestly not getting what you're claiming. I can't see how you're parsing this.

lapfog_1

(30,249 posts)
37. this was all about the south and owning black people
Tue Oct 29, 2024, 03:10 PM
Oct 29

Hence it is appealed to as the "cause" of the civil war ( state's rights ) by the slave owning states

Skittles

(160,485 posts)
79. WTF
Tue Oct 29, 2024, 09:37 PM
Oct 29

why should a vote in one state be worth more than a vote in any other state REGARDLESS of its size? THEY HAVE ACCESS TO THE SAME INFORMATION WE DO.

Cuthbert Allgood

(5,192 posts)
89. We are a federation of independent states.
Tue Oct 29, 2024, 10:41 PM
Oct 29

We aren't just one unit. That's why we have the Senate; that's why we have the electoral college. We are not a pure democracy. To get rid of the electoral college would require a complete overhaul of our federal system.

Skittles

(160,485 posts)
95. THEY NEED TO GET RID OF IT
Tue Oct 29, 2024, 10:50 PM
Oct 29

it is RIDICULOUS and has given us TWO NITWIT PRESIDENTS in recent history

IT IS ACTIVELY HARMING AMERICA

Jose Garcia

(2,933 posts)
10. The US far from unique in not directly electing its head of government
Tue Oct 29, 2024, 11:31 AM
Oct 29

Canada, the UK and Germany also have heads of government that are not directly elected by the voters, but they are still considered to be democratic.

dpibel

(3,450 posts)
76. Can you kindly point me
Tue Oct 29, 2024, 09:16 PM
Oct 29

to the post in this whole thing that claims anything based on "citizens [sic] fee-fees"?

Are you feeling especially silly today?

lapfog_1

(30,249 posts)
41. actually this happens all the time
Tue Oct 29, 2024, 03:18 PM
Oct 29

The SCOTUS not only rules other laws a "unconstitutional" but it often declares "what the constitution SAYS" by reinterpreting the language.

Strict reading of the Constitution does not yield a right to privacy. Not a single amendment spells out this right, but various courts have found the that right exists.

MichMan

(13,643 posts)
56. That isn't at all the same
Tue Oct 29, 2024, 04:01 PM
Oct 29

The EC is explicitly defined in Article II Section 1 Clause 2.

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

BWdem4life

(2,504 posts)
13. I remember my outrage when I first learned about the EC
Tue Oct 29, 2024, 11:41 AM
Oct 29

But I have grown up a bit since that time.

If you’ll notice, there are two small holes in your logic: Maine and Nebraska.

If they can both allow some EVs to go to the non-winner of their states, so could others.

Perhaps that’s where our energies should be directed. Get it passed in enough Red states to where the EC more closely tracks the popular vote. Easier said than done - but so are the other options.

Also, will you still be complaining when FL swings Blue again?

Metaphorical

(2,351 posts)
40. This is a very important point
Tue Oct 29, 2024, 03:16 PM
Oct 29

Many states decided (largely at the behest of the current dominant political party, usually the GOP) that all of the electoral votes for a state should go to the majority winner of that state, rather than the EVs being allocated electorally. This means that rather than having 538 different electors, you have, in effect, 50. The EC as originally designed, was flawed, but worked upon the assumption of proportion representational - however this was never explicitly codified, and instead was left to the states to decide how votes were allocated. Not surprisingly, where now party had a supermajority, that was usually a winner takes all approach.

By switching to a proportional system, the electoral college could become much more representative without requiring a formal amendment, but it would also require that states mutually "disarm". While this isn't likely to happen (the GOP currently holds the advantage here), it might be possible if the GOP lost significantly in elections.

MichMan

(13,643 posts)
68. If the GOP saw an advantage in going towards proportional representation
Tue Oct 29, 2024, 06:13 PM
Oct 29

The idea would then be universally found unacceptable here as we would support and defend winner takes all.

dpibel

(3,450 posts)
77. Got anything other than ad hominem?
Tue Oct 29, 2024, 09:21 PM
Oct 29

And what is the straw person hypothetical?

Every position in government in this country except president is decided by popular vote.

You are claiming that people "here" would object if that inconsistency were cured.

I do understand your joyful contrariness, but sometimes you go so far as to seem a tad addled.

Metaphorical

(2,351 posts)
106. I rather doubt it
Wed Oct 30, 2024, 10:23 AM
Oct 30

Democrats, at least since about 1970, have generally fought for proportional representation as well as increasing the franchise pretty consistently, regardless of whether it is tactically a good idea at the time. When we vote, we know that there is a chance that a different party will win - that's pretty much the definition of democracy, and while we might not be happy with the results, we respect the process. The GOP, on the other hand, tries to game the system as much as possible, and this has become MUCH worse under Trump, who has actively encouraged every dirty trick in the book. Curiously enough, while they tend to win in the short term, they usually are run out of town in the long term, because they can't govern and they know it.

dpibel

(3,450 posts)
29. You do know about MLB rules, right?
Tue Oct 29, 2024, 02:57 PM
Oct 29

Are you telling me that the rules by which the game is currently played are those that applied in, say, 1910?

Frankly, if the owners decided that making the game into a home-run derby would be the way to make the most money, they'd change the rules.

And you'd be here saying, "I think baseball games should be decided by which team gets the most runs," as if that were some major-league own.

Polybius

(18,517 posts)
21. It's part of the Constitution
Tue Oct 29, 2024, 02:32 PM
Oct 29

It can't be ruled unconstitutional, it's the law of the land.

sarisataka

(21,304 posts)
22. Democracy-
Tue Oct 29, 2024, 02:34 PM
Oct 29

do you realize the word democracy does not appear in the Constitution?

It says in Article 4, Section 4:

The United States shall guarantee to every State in this Union a Republican Form of Government


Federalist No. 39, James Madison emphasizes popular sovereignty and majoritarian control as among “the distinctive characters of the republican form” :

[W]e may define a republic to be, or at least may bestow that name on, a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices during pleasure, for a limited period, or during good behavior. It is ESSENTIAL to such a government that it be derived from the great body of the society, not from an inconsiderable proportion, or a favored class of it; . . . It is SUFFICIENT for such a government that the persons administering it be appointed, either directly or indirectly, by the people; and that they hold their appointments by either of the tenures just specified
https://www.law.cornell.edu/constitution-conan/article-4/section-4/meaning-of-a-republican-form-of-government

dpibel

(3,450 posts)
45. This quote is not exactly an argument for minority rule
Tue Oct 29, 2024, 03:25 PM
Oct 29

Which is what we're really talking about. The democracy vs. republic thing is kinda fun (ever heard the term "democratic republic."

But your quote pretty clearly states that, whatever you want to call the form, Mr. Madison was not in favor of minority rule. Do you take some other meaning from, "It is ESSENTIAL to such a government that it be derived from the great body of the society, not from an inconsiderable proportion, or a favored class of it"?

The problem with the Electoral College and the Senate are that they both raise the possibility, more frequently realized in the Senate, of minority rule.

As it happens, since the House is now also not a proportional body, we can have minority rule there as well. Thanks to gerrymandering, the majority in the House at present was elected by fewer voters than the minority.

I'm not sure why people are so invested in defending Constitutional provisions that produce that result.

sarisataka

(21,304 posts)
54. I am not arguing for minority rule
Tue Oct 29, 2024, 03:51 PM
Oct 29

I am pointing out the error in the OP that the President is supposed to be democratically elected. That was never the intent. It was expected the state legislatures would select the electors in most cases as they were the democratically elected representatives of the People.

(note Madison's statement: "derives all its powers directly or indirectly from the great body of the people" )

Of course the Constitution can be Amended as it has been previously- need 3/4ths of the state's approval or all 50 in the case of reproportioning the Senate. However as I said above, there is no political will to make any effort to make these changes.

dpibel

(3,450 posts)
78. You're misrepresenting the OP
Tue Oct 29, 2024, 09:26 PM
Oct 29

The OP doesn't argue that the intent of the framers was to have the president democratically elected.

The OP says that's how is should be in a democracy.

Do you disagree with that?

Do any states now have their electors selected by the state legislature? If that was the framers' intent then we're already stomping on their hallowed graves. Why not go all in?

manicdem

(508 posts)
24. Keep it as it is
Tue Oct 29, 2024, 02:50 PM
Oct 29

It's worked well for the past two centuries and a few recent losses shouldn't change it. It has a purpose for existing.

As we've seen ending the Senate filibuster on judicial candidates, things can drastically backfire. Republicans could someday get the popular vote and lose the EC, then do we change it back again?

States do have an avenue for getting closer to a popular vote. Maine and Nebraska allocate EC votes by districts. That's something we could push for instead of amending the US Constitution.

dpibel

(3,450 posts)
30. "It's worked well" except for when it hasn't
Tue Oct 29, 2024, 02:59 PM
Oct 29

When it's "worked well," it has reflected the popular vote.

Saying that makes the EC superior to using the popular vote is a little solipsistic.

In It to Win It

(9,798 posts)
42. It HAD a purpose for existing. That purpose has long passed.
Tue Oct 29, 2024, 03:23 PM
Oct 29

I'm willing to take the political risk that things might not work out in our favor someday. It's politics. There is no system or change we can make where it has no possibility of backfiring.

I have no regrets about changing the filibuster. Why? Because I absolutely believe that if Democrats were stalling their court picks with the filibuster, they'd get rid of it too. They risked that Trump might have lost the election in 2016. By all measures, he was losing. They held that Supreme Court seat open anyway and risked that Hillary Clinton might have won.

We shouldn't be scared of our positions possibly backfiring. Republicans reversing Roe has been backfiring on them since they did it. Are they backing down from it? Not at all, even though it's a political loser.

TBF

(34,816 posts)
38. I have a question for all you constitutional law experts -
Tue Oct 29, 2024, 03:11 PM
Oct 29

if we can't change anything -- ie "it's been this way forever & working great". Then why are we worried about Trump deciding he's going to be a dictator? If I follow your logic he can't possibly do that because it's not in the Constitution and has never been done.

That assessment is wrong because a contract can be amended.

Metaphorical

(2,351 posts)
57. It's a Good Question
Tue Oct 29, 2024, 04:08 PM
Oct 29

A contract is an agreement among parties that they agree to abide by, usually with significant penalties if they don't. The problem the framers of the Constitution faced was that there were no real penalties that could be applied if one or more parties violated the agreement. I have long felt that, for all that is was the morally right decision, Abraham Lincoln should have let the South secede. The US at that point was not otherwise at war, had grown enough that it was self-sustainable, and there really was no formal way of enforcing states from seceding short of armed conflict. It can be argued that if it hadn't been for the bone-headed idiocy of John Brown at Harper's Ferry, it probably WOULD have been the course of history, and North America would have then been three primary English speaking countries rather than two.

There is a provision in the Constitution that allows for a new Constitutional Convention when 34 states request it. We are at 28 now. Once such a convention is held, it would require either that the three primary groups - (for want of a better division call them red, blue, and purple) agree to a new constitution or an agreement is made to dissolve the constitution and initiate a new one (quite possibly more than one).

I'm personally not convinced that it would be a bad thing if that happened, even though it would certainly be highly disruptive. I don't see the blue states conceding to red state conditions and vice versa in the near future, and I think both sides are getting tired of having to deal with the idiots on the other side.

TBF

(34,816 posts)
71. Thank you for the explanation -
Tue Oct 29, 2024, 06:28 PM
Oct 29

maybe that is what will ultimately happen. I'd rather see it at a bargaining table than random violence, as we're starting to see now with events like trying to burn ballot boxes. That will eventually escalate if folks feel like they're not being heard.

kelly1mm

(5,427 posts)
93. I don't see anyone saying the EC CAN'T be changed, just that it needs to be changed by contitutional
Tue Oct 29, 2024, 10:47 PM
Oct 29

amendment (primarily) or a version of the propose National Vote Interstate Compact.

MichMan

(13,643 posts)
69. And if it was keeping Republicans from getting elected, we would think it was sacrosanct.
Tue Oct 29, 2024, 06:16 PM
Oct 29

DFW

(56,934 posts)
44. The reasons weren't so stupid in 1787
Tue Oct 29, 2024, 03:23 PM
Oct 29

Last edited Tue Oct 29, 2024, 05:00 PM - Edit history (1)

When the articles of conferderation were being written, the smaller states were terrified of being overrun and drowned out, maybe even eaten up by the bigger states. As an act of self-preservation, they demanded, as a condition for joining the union, certain guarantees the ensured their survival as legal entities. They said, give us this, or we're not joining your "united" states.

Not wanting to upset the apple cart before they even had enough apples to warrant a cart, the big states relented. Thus the Electoral College and two Senators per State, no matter how big or small. No one envisaged five or ten States like Wyoming or North Dakota back then, with more square miles than all of New England and half the population of Rhode Island. (May be a slight exaggeration, but not much of one). The colonies wanted the Constitution ratified before England decided it might have a chance to act like they were Trump, and it was January 6th. It was a price that seemed worth paying at the time. One has to consider it in context. This was 16 years before Lewis and Clark.

dpibel

(3,450 posts)
50. Well said
Tue Oct 29, 2024, 03:44 PM
Oct 29

This is such a strange argument to be having in this environment. Hard for me to get the people who are so strong in their defense of the nondemocratic parts of the Constitution.

Ontheboundry

(303 posts)
47. Feelings aside
Tue Oct 29, 2024, 03:38 PM
Oct 29

There is so much wrong in this post, it should probably be deleted

Where, in any portion of the Constitution does it say we are a Democracy? They never wanted one to start with, and their reasons noway seem wrong

Our country in the beginning wasn't very stable internally, and they had to get all the states on board

And the EC can't be ruled Unconstitutional since it's literally part of the..
Constitution

We have done amendments before, we can do them again and will

dpibel

(3,450 posts)
53. Incantations
Tue Oct 29, 2024, 03:49 PM
Oct 29

"Where does it say we are a democracy"?

Where does it say we are a republic?

Or whatever other magic word you'd like to call forth?

The Constitution describes a form of representation that has some looks, quacks, and waddles like a democracy.

A representative democracy, for sure.

But certainly not a minority-rule system.

What is it you think "they" wanted?

It wasn't a monarchy. It wasn't a theocracy. It wasn't an oligarchy (OK. That may be a stretch). But if it wasn't rule by the majority, however weirdly defined from moment to moment, what was it?

Ontheboundry

(303 posts)
60. Article 4 section 4
Tue Oct 29, 2024, 04:30 PM
Oct 29

Says we are a federal democratic Republic

I mean you asked

But I'm.not against your thoughts here but saying all that needs to be presented in a different way

Even the pledge of allegiance says Republic

They didn't want a democracy when this country started,.and to be honest I'm not even against that.

I think tweaking the "winner takes all" in each state may help you get to where.you want

dpibel

(3,450 posts)
75. I do not think
Tue Oct 29, 2024, 09:13 PM
Oct 29

those words mean what you think they mean.

The use of the word "Republican" really is not defining the federal system there at all.

dpibel

(3,450 posts)
108. Really, now? It do in my Constitution.
Wed Oct 30, 2024, 05:34 PM
Oct 30
Section 4

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.


This is Article 4, Section 4, taken from the Congress.gov website.

I'm pretty sure the 13th word there is not "Republic."

BTW: Citing the Pledge of Allegiance as evidence of, well, anything is awfully amusing.



Silent Type

(7,428 posts)
58. Until things improve -- like old rubes pass on -- there is virtually no chance of removing EC. Sad, but way it is.
Tue Oct 29, 2024, 04:08 PM
Oct 29

Dem4life1234

(2,021 posts)
61. It was one of the dumbest ideas the creators decided
Tue Oct 29, 2024, 04:52 PM
Oct 29

So fucking stupid. Someone in the backwoods of Idaho can get their ass up to move to Florida, no one is forcing him to stay in place, we're all citizens.

That and not banning felons from running for the presidency.

If it weren't for that EC, we would have had Hillary and not a bunch of right wing dolt SC warriors.

Skittles

(160,485 posts)
80. people in the backwoods of Idaho have access to the same information we all do
Tue Oct 29, 2024, 09:39 PM
Oct 29

it's just BULLSHIT that the EC has given us TWO NITWIT PRESIDENTS in recent history

Cuthbert Allgood

(5,192 posts)
90. It really isn't
Tue Oct 29, 2024, 10:44 PM
Oct 29

They were trying to convince 13 independent states to come together to form one country. In order to do that, some level of independence for each state needed to be retained. The small states weren't going to approve of a pure democracy where their interests as an independent entity would be throttled by the large states. Why would they. So they made the Senate and the Electoral College to give the smaller states a bigger voice in a couple areas. No EC, no country. How is that the dumbest idea if it was what made the union possible?

dpibel

(3,450 posts)
96. That horse has departed
Tue Oct 29, 2024, 10:50 PM
Oct 29

The fact that something made the union possible in the first place really doesn't say anything as to its current appropriateness.

Which, IMHO, is the point of this discussion.

Fine. It was a good idea at the time.

Now, when the notion that states are somehow competing independent entities is pretty much dead, it's a damned dumb idea.

Cuthbert Allgood

(5,192 posts)
109. But it's not dead
Sun Nov 3, 2024, 07:56 AM
Nov 3

States have things that they exclusively control. Education and voting as two of the bigger. There are plenty more. It's how our federal system works. Getting rid of the Electoral College (and the Senate since it has the exact same problems) means that our federal system goes away and we just have national laws.

dpibel

(3,450 posts)
110. Say what?
Sun Nov 3, 2024, 10:36 AM
Nov 3

How in the world does the EC protect state sovereignty? Or the Senate for that matter.

They give small states disproportionate power, yes. Strictly at the federal level.

But there is no way you can rationally maintain that, without those two institutions, state law is dead.

If nothing else, the right of states to self-govern is right there in the Constitution. Separate from the EC and the Senate.

You could look it up.

Cuthbert Allgood

(5,192 posts)
112. I'm not saying it protects it; I'm saying it goes hand in hand.
Sun Nov 3, 2024, 08:56 PM
Nov 3

Guess what else is in the Constitution? As part of the same protections and compromises of independent states in a federation? I'll give you a couple guesses.

dpibel

(3,450 posts)
113. You do know I can read your words, right?
Sun Nov 3, 2024, 09:11 PM
Nov 3

"Getting rid of the Electoral College (and the Senate since it has the exact same problems) means that our federal system goes away and we just have national laws."

If that is not "saying it protects it," I don't know what could possibly say it.

I'm done here. You're just being silly.

Enjoy the last word. I'm sure it will be, some people are saying, big men, with tears in their eyes, the best last word ever.

Blue Full Moon

(1,355 posts)
67. Well Adam Smith's invisible hand sure is BS
Tue Oct 29, 2024, 05:35 PM
Oct 29

They used Adam Smith's books for the foundation. Him and the founding fathers didn't know that the rich are mentally ill and no amount of riches will ever be enough.

kelly1mm

(5,427 posts)
85. This has been gone over many times here at DU. It is 100% not unconstitutional and the only
Tue Oct 29, 2024, 10:27 PM
Oct 29

4 ways to change it (in decreasing order of likelihood) are the following:

1) Interstate National Popular Vote Compact. This is where 270+ EC vote states agree to award their EC votes to the national popular vote winner.
2) Constitutional Amendment - theoretically possible but unlikely and many small D states may not want to ratify
3) Constitutional Convention - This option opens EVERYTHING up for negotiation/change so while theoretically possible, unlikely AND probably unwise
4) Revolution - unlikely (hopefully?) and obviously comes with a TON of problems ..... but would likely eliminate the EC one way of the other .....

dpibel

(3,450 posts)
87. One more, as long as we're listing
Tue Oct 29, 2024, 10:29 PM
Oct 29

(5) All states agree to apportion their electoral votes according the popular vote.

Not saying it's any more possible than any of the others. But it's there.

kelly1mm

(5,427 posts)
88. Thats an expanded (but not needed) #1. If 270 EC votes states agree to award their EC
Tue Oct 29, 2024, 10:35 PM
Oct 29

votes based on the national popular vote, that is all you need. If more do that is fine but immaterial as 270 is the magic number ....

In It to Win It

(9,798 posts)
91. The only way Republicans would get on board for any reform to the EC or any method of reform that you outlined
Tue Oct 29, 2024, 10:46 PM
Oct 29

is for them to win the popular vote and lose the EC.

Obviously, right now, the EC is what gives them a fighting chance to win the presidency so they no incentive to scrap... unless they lose the EC while winning the popular vote.

kelly1mm

(5,427 posts)
97. Agree that the R's are not on board. But that doesn't change the available options, does it? If you
Tue Oct 29, 2024, 10:50 PM
Oct 29

think there are other ways please add to the list. I am all ears .....

kelly1mm

(5,427 posts)
102. Nor I with you then! Sorry for my confusion. NPV compact seems the only viable potential (not easy) option. nt
Tue Oct 29, 2024, 11:07 PM
Oct 29

Demsrule86

(71,035 posts)
92. You can not eliminate the electoral college...it would require a constitution amendment.
Tue Oct 29, 2024, 10:46 PM
Oct 29

Even if we had both sides of Congress and sent it to the states...small states would not ratify it...want tilt at some windmills...so we should learn how to win using it...we need a 50 state solution.

Jack Valentino

(1,515 posts)
94. What needs to happen is for a Democrat to win the electoral college
Tue Oct 29, 2024, 10:50 PM
Oct 29

while losing the popular vote--- before the Republicans might see the wisdom of the idea of abolishing the electoral college---

every time it happened it has always given THEM the victory while losing the popular vote, so they aren't anxious to abolish the EC.



but it doesn't seem likely to happen for the forseeable future...
because the majority of our country realizes that Republicans SUCK!

There was a chance in 2004, if Kerry had won Ohio...
while purportedly losing the popular vote nationwide....

Jack Valentino

(1,515 posts)
101. Back in the 1980's when they were winning the popular vote by large margins,
Tue Oct 29, 2024, 11:05 PM
Oct 29

I thought there was some sentiment among some Republicans to abolish the electoral college in favor of the nationwide popular vote---- but that was stifled in 2000--- and totally cancelled out in 2016.

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