Civil Discourse Now

Where the far left and far right overlap for fun and enlightenment

"Winner-take-all" award of electors was NOT envisioned by the Framers and disenfranchises millions

trump did not won in 2016 and 2024 via an electoral college. Theres no “electoral college” in the Constitution. No body meets to discuss anything. [FN1] Each State determines how to select its electors. [FN2] There are several things Art. II to remember. 1/8

1) POTUS is the only office that the winner of the popular vote necessarily wins. [FN3]
2) This is important because “electors” were not created as an aspect of strategy. Nowhere does The Federalist discuss electors as anything but an “emergency brake.” 2/8

3) The “winner-take-all” award of electors in all but two States [FN4] was not envisioned by the Framers. Given how they viewed “factions” (their term for political parties) such a system not only removes that check, it awards political parties that disenfranchise [FN5] voters. 3/8

"It is a fundamental idea in all republican forms of government that no one can be declared elected and no measure can be declared carried, unless he or it receives a majority or a plurality of the legal votes cast in the election." [FN6] In 2016, Secretary Clinton, according 4/8

to the FEC, won 65,853,516, or a margin of victory in the popular vote of nearly three million more than trump. I leave you with these thoughts and shall follow-up in my next blog. We must persevere in this (non-violent) battle to save democracy. 5/8

Footnotes:
FN1. “[A]n organized body of persons having common interests or duties.” The Merriam-Webster Dictionary, pocket ed (1974), p. 149.
FN2. U.S. Const., Art. II, sec. 1. Electors “shall meet in their respective states, and vote by ballot for President and Vice-President...” Amend. XII. 6/8

FN3. Finkelman, “The Proslavery Origins of the Electoral College,” 23 Cardozo L Rev 1145, 1146 (2002).
FN4. Those States are Maine and Nebraska. 7/8

FN5. “disenfranchise”: “deprive (someone) of a right, esp. the right to vote; to prevent (a person or group of people) from having the right to vote.” Black’s Law Dictionary, 10th ed., 2014, p. 567.
FN6. 29 C.J.S., Elections, § 243, p. 353. Oviatt v. Behme, 238 Ind. 69, 78 (1958). 8/8

Views: 5

Comment

You need to be a member of Civil Discourse Now to add comments!

Join Civil Discourse Now

Videos

  • Add Videos
  • View All

© 2025   Created by Mark Small.   Powered by

Badges  |  Report an Issue  |  Terms of Service

My Great Web page