Tara Ross wrote a
book (second edition published in 2012) about the value of the Electoral
College. She summarizes her points
in favor of the electoral college in a short PragerU video, which I’ve seen
some people post now that we have had the second election in sixteen years in
which the winner in the electoral college is not the winner of the popular
vote.
I happen to agree with Ross with some of the ideas in her
other book, about George Washington’s attitude toward religion and democracy. For example, I
think religious participation and belief can support democracy, and governments
ought to encourage religion in general without supporting any particular sect
or favoring any particular religion. However, when it comes to her defense of the electoral college, I’m
not in agreement with her argument.
Let me present my analysis and discuss the points she makes in her short
Praeger lecture.
Tara Ross begins by asking a good question. “Why do we have the electoral college,
and why do we still need it?”
A better way to phrase this question might have been, “what reasons
still justify its continuing presence, and what arguments justify removing it,
and on balance, ought we to keep it or abandon it?” But, this isn’t a fair inquiry into the electoral
college. She is an intellectual
who lives in the conservative bubble.
She presents her ideas and gets heard by all the think-tanks and media
outlets and journalism outlets that are funded by the capitalist elite class in
its attempt to shape public opinion and government debate. In that realm of
the American Enterprise Institute, the Weekly Standard, the National Review,
Fox News, and so forth, people don't really ask fair-minded and dispassionate
questions… everything is prepared to support a particular agenda. Every word is chosen to influence people
and support the cult. I could say the
same about some left-wing media outlets (you don’t read or watch The Nation or In These Times or Daily Kos or The Young Turks with the intention of
being exposed to a broad range of ideas and fair-minded questioning
either). At any rate, her answer
to her question of “why we still need the electoral college” is based on the
idea that it protects us from the flaws of direct democracy, it encourages
nation-wide campaigning and other good results in election politics, and it
prevents anyone from stealing elections.
I think she’s wrong in just about every point she makes.
Tara Ross then claims that “the founders” believed we should
not have a pure majority-rule democracy.
She also claims that “the founders” allegedly “knew” that pure
democracies did not work, and they knew this because they had studied the
history of pure democracies.
Well, who are the “founders” she is talking about? Of course James Madison, Alexander
Hamilton, and John Jay were all opposed to direct democracy, but those were not
the only “founders” and James Madison actually supported the idea of direct popular election of the President. Also, in what
cases was representative government favored, and in what cases was direct
popular voting favored? It’s
obvious enough that even back when the nation had only four million voters,
they couldn't possibly deliberate and vote on all the various laws. The town hall direct democracy of New
England wasn’t going to work at the level of state governments, let alone the
federal government. Of course as a
practical necessity, the “founders” all agreed there would need to be some form
of representation and representative authority. It wasn’t workable to have direct democracy for the nation
as a whole, or for the states, rather than representative assemblies, and no
one proposed direct democracy as a plausible alternative to having a Senate or
a House and Senate. So, when
conservatives such as Ross claim that the “founders” wanted representative
government rather than direct democracy, they are not saying anything that
really helps their point. Of
course the founders wanted representative government, that’s not the
question. The question is why do
we need representative government (a college of electors) to elect our President rather than having
the President selected by a popular vote. It’s a specific issue, not a general
question about direct democracy at the Federal level.
In fact, at the
Constitutional Convention the direct election of the president was suggested as
a possible method for choosing the leader of the executive branch. The other
possibilities were having the
House choose the President, which still can happen if no candidate gets more
than 270 votes in the Electoral College, having state legislatures select the
president, and the electoral college system we ended up with. Clearly, the founders who proposed the
direct election of the president at the Constitutional Convention were not so
opposed to direct democracy in that one
specific case of electing the president. In fact, on August 24, 1787, the vote to have direct popular election of the president went down with 2 states for and 9 states against. So, some of the
founders were certainly comfortable with the idea of direct popular elections
of the president. Who were these founders? In one source I find that “Direct election by the people had strong support from some
of the leaders at the convention, including James Madison of Virginia,
Gouverneur Morris of Pennsylvania, and James Wilson, also of Pennsylvania. John Dickinson, Rufus King, Daniel
Carroll, and Abraham Baldwin also supported popular election.” (George C. Edwards, Why
the Electoral College is Bad for America, page 81)
Ross does not actually state her case, but she is implying
that the electoral college is one method of protecting our republic from the
harmful possibilities of direct pure democracy. No doubt direct democracy can be harmful, and it’s certainly
unworkable as a system of regular government for any group of people that
exceeds a fairly small number—perhaps a hundred thousand. But, a government can clearly protect
itself from those harms through a variety of means, such as having two
representative legislative bodies with one having members elected infrequently,
checks and balances between the legislative, executive, and judicial branches,
and restricting the role of direct elections, referenda, and recall votes to a
manageable level, perhaps by setting up requirements for petitions and the
collection of many signatures before allowing direct popular voting on issues
of concern. The question Tara Ross
ought to address is whether, when all these things are present to protect
citizens from the abuses and logistical difficulties of direct democracy, it is
still necessary to elect the chief executive through an electoral college. That’s the real question, and her
answer is just to generally say that direct democracy is dangerous (no doubt it
can be) and we need protection from its problems (no doubt we do), and the
electoral college does this (that is the question at issue, and simply stating
it as a fact does not win her case for her).
Tara Ross claims that the founders “knew” that direct
democracy tended to fail.
She makes the
claim that “pure democracies do not work.
They implode.” What was the
evidence for that? Well, Madison
claimed, “The instability, injustice, and confusion introduced into the public
councils, have, in truth, been the mortal diseases under which popular
governments have everywhere perished; as they continue to be the favorite and
fruitful topics from which the adversaries to liberty derive their most
specious declamations.” (Federalist
Paper #10). In other words, with
popular government (“direct democracy”) you get the violence of faction, the
tyranny of the majority, and a tendency toward instability, injustice, and
confusion, and this tendency is just what the enemies of democratic governments
use to justify their tyranny (illustrated well by how China state media point to the election of Donald Trump as proof that the American system is failing,
and the form of dictatorship led by the Chinese Communist Party is superior). Is this really so? What did the founders know, and what
are the facts?
The American “founders” knew direct democracy from their
knowledge of classical history: the Roman Republic, the Greek City States
(which were sometimes democratic, as was Athens in the times of Pericles, Cleisthenes, and
after the overthrow of the 30 tyrants, guided by the ideas of Solon and others). They also knew (if they
were from New England) about town governments using direct democracy in town
hall meetings. Did they know about
the councils of the Althing in Iceland, or the deliberative councils of the
Seneca, or the governing councils of the Six Nations (the Haudenosaunee “Iroquois" Confederacy)? They certainly did know about democracy in the Indian system of governance. Charles Thomson, the
secretary of the Continental Congress, was very familiar with the Seneca
politics and governance, and I think Benjamin Franklin knew something about the
governance systems within the Six Nations. Had any of these examples collapsed
and failed?
There were other historical examples beyond Rome and Greece,
and not just the popular assembly in Iceland or the tribal assemblies of
Northeastern American Indian nations. What about the system of direct democracy in the smaller Swiss cantonal
governments and communal assemblies, or the guild systems and elected
assemblies in the free cities and small states such as those in the Hanseatic
League or Venice or Florence or Strasbourg? Those historical examples offered a
mixed record: stability in Switzerland, instability in Italian city states. How about the democratic forms of
governance in Novgorod that flourished until Moscow took over? That system
seemed to flourish for a long time, and external, rather than internal problems
ended its success. It’s clear from
Federalist Paper #20 that Madison was aware of the systems of governance in the
Dutch Republic, and he didn’t approve (the United Provinces were a
confederation of seven or eight tiny states that functioned as a republic
between 1581 and 1795; they were the first government to recognize the
independence of the United States). Within the Dutch republic some of the states practiced direct
democracy (Friesland comes to mind), and I don’t recall that they ever had any
implosion. San Marino has been a
republic since the 4th century, and it uses direct democracy through
referenda, and it used a general popular assembly (the “Arengo”) for centuries
without implosion. The claim that
direct democracies “implode” is an empirical claim, and I don’t know what the
evidence for or against it may be, but I would be very surprised to find that
Tara Ross has conducted some sort of survey of direct democracies to support
her argument, and I can find no historical reference work to answer the
question, either. My sense is that
there are several examples of long-term direct democracy that endured for
centuries without implosion, and these have been especially successful in
smaller city states or in areas of low population.
She then points out that forms of governance in which bare
majorities can easily tyrannize the rest of the country are unfair to
minorities (she uses the simile of two wolves voting against a sheep about what
to have for dinner). This is an
interesting point, and it’s very relevant to how legislative assemblies are
formed. However, is it relevant to
the issue of selecting a president? The problem of the president being a “wolf”
is corrected by having the legislature control the creation of legislation, the
approval of appointments and treaties, the allocation of money, and so forth. The Supreme Court can also weigh in and
declare a President’s actions unconstitutional. So, why do we need the Electoral College? Ross again gives a general
argument that would support the principles that shape the structure of our
government, but may have no relevance to the specific question at hand.
Ross then explains that we have three branches of government
to protect us from the tyranny of the majority. Exactly. Since
we have these branches of government, and many other things in our Constitution
to protect us from the tyranny of the majority, how is it that we still need
the Electoral College to protect us from a popular vote for the president? In what case would the Electoral
College give us a president different from one who won the popular vote? Well, in 2000 and 2016 the Electoral
College stepped in when the popular vote was quite close. If the popular vote is quite close in
the election of the president, isn’t it also the case in actual practice that
the legislature will be fairly evenly divided? If the Congress is fairly evenly divided, why do we need the
further work of the Electoral College?
In a situation where the popular vote is very close, is it plausible
that this is because a candidate has won a fantastic majority in a few regions
or large states and been utterly defeated everywhere else? If that even were the case, how would choosing
one candidate over the other in the electoral college protect a minority from a
tyranny of the majority? Isn’t it
much more likely that in close elections, each candidate will have a fair
degree of support everywhere, with perhaps a few lopsided losses and victories
here and there, but not the sort of total isolated regional victory the Electoral
College was designed to thwart?
She also claims that the threat of tyranny of the majority
is the reason why each state has two senators, regardless of the state’s
population (so that people in Wyoming and Montana and Alaska and Vermont get
one senator for every 400,000 to 600,000 persons while people in California,
Texas, and New York get one senator for every 10 to 18 million persons). Another way to express this is to look at the actual
situation we face in America now. The rural states and rural areas of sparsely
populated landscapes–the places where the people are almost all European-American—hold a minority of the population. Urban centers and metropolitan areas (that
also happen to have great racial diversity, partly because a few generations
ago some European-Americans had pogroms and laws to force Americans without
European-American heritage out of their rural areas) have most of the
population. So, while most people
live in the big cities and their suburbs and exurbs, a minority lives in the rural
countryside. The system with
senators representing all the states equally means those rural states with low
populations get more representation than the states with lots of big
cities. Senators from New York,
Florida, Texas, California, Illinois, Ohio, Michigan, Georgia, and Pennsylvania
add up to 18. Senators from
Wyoming, Vermont, New Hampshire, Montana, Alaska, North Dakota, Idaho, Delaware
and South Dakota add up to 18. This protects the people in those rural, sparsely
populated, tiny states. It
protects them from what? Financial
allocations are made by the House of Representatives, not the Senate, and the
House has representation proportional to population, but are those sparsely
populated tiny states getting fewer federal dollars on a per capita basis compared to the biggest states?
Isn’t the actual case that we face in the existing situation a tyranny
of the minority, inflicting the policies favored by our rural population on the
urban centers? Is that better than
a situation in which the urban centers had proportionate power to shape
policies? In what way? It’s a discussion that Ross isn’t going
to have.
She also claims the difficult process of amending the
Constitution is also made difficult to protect minorities from the tyranny of
the majority. Yes. I agree with her on this point. It should be difficult to amend the
Constitution.
She claims that the electoral college encourages
coalition-building. Back in the
1780s this was, of course, necessary, because people only knew local
candidates, and in order to get policies through the Federal system you needed
institutions to push people to build coalitions. But, since the invention of modern telecommunications and
transport and mass media, we surely have natural incentives to form coalitions,
and the usefulness of the Electoral College to achieve this end is
questionable, and the need is simply no longer there.
She claims that the electoral college encourages national
campaigning. The evidence is that
it most manifestly does not. What
Democratic candidate for president is going to waste time campaigning in the
inter-mountain west, the high plains, or the deep south? There are a few states (Nevada, Colorado, Georgia, Florida, North Carolina) where maybe the Democratic candidate can hope to win,
but where else in those regions does either candidate need to campaign? And what Republican candidate is going
to waste time and money on the Pacific Coast or the Northeast? Aside from New Hampshire, and Maine
(where the state doesn’t allocate all its Electoral College delegates as one
big bunch), no Republican needs to campaign in New England, and campaign stops
in New York are more likely to be fundraisers than campaign rallies. In the face of this, how can Ross make
the counter-intuitive claim that the electoral college encourages national
campaigning, when it manifestly discourages this? She has two points: first, the swing states are scattered
all over the country, and second, the swing states change over time, so good
candidates will try to bring new states into the status of swing-states, and
over time, various states will have opportunities to become important in national
presidential campaigns.
Well, her argument is therefore that “over the course of many years, the
electoral college encourages national campaigning in several states scattered
across the continent.” The counter
argument, which she does not address, is that “abandoning the electoral college
would instantly encourage national campaigning everywhere.” No wonder she doesn't carefully
consider that alternative claim.
She points out that regional voting blocks will not provide
sufficient electoral college votes for a presidential victory, and this forces
presidential candidates to seek votes from beyond a single region of the
country. This is not an argument
that specially favors the Electoral College. No single region of the country has enough of the population
that a presidential candidate could focus all their attention in one
region to win a direct popular vote. With direct popular
elections a candidate would have to seek votes all across the country, and not
just in one or two regions.
She claims that in a campaign based on direct election of
the president, candidates would probably campaign in areas of high population
density, and restrict much of their campaigning to large states, neglecting
small states like West Virginia, Iowa, and Montana. There is already in the existing system with the Electoral
College no reason for Democratic candidates to campaign in Montana, Wyoming,
Idaho, or other small states like that, and no Republican is going to waste
time trying to win in Delaware, Rhode Island, or Vermont. The Electoral College is achieving the
exact evil she says would be effected by direct popular elections. It is true that candidates would
probably campaign most vigorously in areas of high population density, but
those areas (urban areas) exist in all the states outside of Vermont and New
Hampshire. If we had direct
popular elections, a Democratic Candidate would have a reason to at least make
a brief visit or two in Boise, Idaho and Butte, Montana, and Fargo, North
Dakota, and Birmingham, Alabama, and San Antonio, Texas. All places for which there is no
strategic reason for any Democratic candidate to now visit or purchase
advertisements. Likewise, with direct
elections, Republicans candidates would visit Los Angeles and San Diego and the
San Francisco Bay, and they would visit New York and upstate New York’s small
cities, and Providence, Rhode Island, and Chicago, Illinois, and Seattle,
Washington. These are all areas
where no Republican currently has any reason to visit or advertise or campaign,
but with direct popular elections, all of these cities would be important
campaign stops. Also, in the
current system, where candidates must visit swing states because of the
Electoral College, are they going out to give their speeches in towns with fewer
than 10,000 residents in Florida and North Carolina and Pennsylvania and
Wisconsin? No, of course not. They advertise in television markets,
which are based in cities, and they come to visit cities and large towns. With direct popular elections, even
if candidates didn’t personally visit states where they would not win local
majorities, they would need to organize active campaigns everywhere, because
votes from everywhere would count.
She anticipates the argument that swing states get all the
attention from candidates, and says that over time the swing states change. Yes, but how is it helpful to her
argument to point out that over the course of decades a handful of new states
become swing states and a handful of swing states become safe states? The fact is, in any single election
year, only a dozen or perhaps a score of states are swing states where
candidates need to do any campaigning.
That is one (of many) problems with the existing Electoral College
System. Saying that over the
course of four or five election cycles about half of the states will at some
point be decisive, even if in any one election cycle only a dozen or so are
really decisive, is not a convincing argument in the face of the counter-claim
that with direct popular elections all the states would be important in all the
elections.
She says that the specific defeat of Gore was attributable
“really because” a “safe state” (West Virginia) was considered a safe
Democratic Party win, and the 4 electoral votes from West Virginia went to
Bush because Gore had neglected it. There are so many reasons that Bush was
installed in the White House despite the fact that Gore won the popular vote
(even in Florida, as it turns out), that making a claim that this outcome was
“really because” of some specific
thing is just ridiculous.
Maybe it was “really because” Gore didn’t stir up enough enthusiasm in
his campaigning? Maybe it was
“really because” Gore didn’t offer ideas about policies that really excited the
Democratic base? Maybe it was “really
because” the Supreme Court forbade Florida from recounting the ballots (which,
after all the ballots were eventually counted from the whole state, showed that
Gore had in fact won the vote in Florida). Maybe it was “really because” Gore didn’t campaign enough in
his home state of Tennessee, and lost there. Maybe it was “really because” Republicans had stripped many
minority voters (likely Democrats) of their voting rights in Florida. It’s laughable that Ross would argue
that Gore’s neglect of a supposedly “safe win for Democrats” state in West
Virginia while his opponent Bush cleverly campaigned in West Virginia because
he recognized it had become a swing-state is somehow a argument in favor of the
Electoral College. There
were many states Gore (and Bush) neglected in their campaigns because of the
Electoral College system. How can
picking one of those states to point out that in one particular case a
candidate was mistaken in neglecting the state be counted as an argument in
favor of a system that had both candidates neglecting dozens of states? There are about 650,000 potential
voters in West Virginia, and in a country where the popular vote has been won
by fewer than 2 million votes in 2000 and 2016, a presidential candidate would
need to campaign in West Virginia, even when there are 7 million potential
voters in New York and 9 million potential voters in California.
Ross says the electoral college protects us from stolen
elections. In a direct election,
she claims, it might be easy for a solidly blue or red precinct to allow voter
fraud, and such things could influence the national election. However, she claims, with an electoral
college someone who wanted to steal an election would need to steal votes in a
swing state, and swing states present more difficulties to the would-be
election thief, since they are evenly-split areas, and they change from
year-to-year. This argument has
more merit than her other arguments, but it’s still not very convincing. Wisconsin and Michigan and New
Hampshire were won by margins of less than 25,000 votes in 2016, and Florida
and New Hampshire had close margins in 2000. In fact, in Florida in 2000, it may very well be the case
that the election was stolen by the local Republican Party’s successful
disenfranchisement of many legitimate voters through their administration of
the election system (Republicans controlled the election system in
Florida). It’s true that in
a close national election where the victor has only a margin of a few tens of
thousands of votes, the federal election system would need to be vigilant
everywhere to the potential of vote stealing. However, with our current Electoral College system, a
corrupt state government in a swing state could easily manipulate the election
to provide their favored candidate with a few thousand extra votes, as probably
happened in Chicago, Illinois in 1960, and probably happened in Florida, in
2000. In close elections where the winner takes all in the Electoral College,
this poses a real threat to our elections, and in fact, twice in living memory
unfair behaviors by local officials have influenced the national election
outcomes. A national direct
popular election of the president would reduce the risk of these sorts of
abuses.
Okay, that’s why I’m not convinced by anything Tara Ross has
said in her PragerU video. I’ll
also add that my understanding of the Constitutional Convention and the Twelfth
Amendment is that the electoral college was really instituted to give Virginia
and other slavocrat states where humans were held as property a better chance
to have their candidates win the presidency (and this worked well for
Virginia). Also, we can use the National Popular Vote to
correct the problems of the Electoral College.
In contrast to Tara Ross and her claim that the Electoral
College was instituted to protect us from the tyranny of the majority or the
problems of direct democracy, William C. Kimberling, at one time the Deputy
Director of the Federal Election
Commission National Clearninghouse on Election Administration has
this to say:
A third idea [for a method of selecting a president] was to have the president elected by a direct popular vote. Direct election was rejected not because the Framers of the Constitution doubted public intelligence, but rather because they feared that without sufficient information about candidates from outside their State, people would naturally vote for a "favorite son" from their own State or region. At worst, no president would emerge with a popular majority sufficient to govern the whole country. At best, the choice of president would always be decided by the largest, most populous States with little regard for the smaller ones.
So that it. The electoral college was instituted because people wouldn't be familiar with national candidates, and it was also instituted to please states with very few people like Delaware and Rhode Island and Georgia (at the time it was sparsely populated) so they wouldn't always be dominated by presidents from Virginia or New York or Pennsylvania.
Finally, I refer my readers to a short video explaining the National Popular Vote movement.
Finally, I refer my readers to a short video explaining the National Popular Vote movement.