Tuesday, November 4, 2008

An archaic rule

Today is election’s day in America, and while we voted more than a week ago, our vote for Obama won’t count in Utah. This insane rule started at the beginning of this nation when the Constitutional Convention created the Electoral College as a compromise to appease the less-populated Southern slave states, and thus win their support for the new Constitution. The Southern states were fearful of a popularly elected President from the more populous North that would voice opposition to slavery. By creating an "independent" electorate, the Convention hoped to isolate the Presidency from a prevailing popular sentiment, thus avoiding regional domination of the Presidency. Times have changed in America. The Electoral College is no longer the independent body of “intellectually and morally elite men,” as was originally intended. Most Americans have no idea who their “grand electors” are. The President is no longer isolated from public sentiments; it’s the public that elects him or her, although in an unfair and discriminatory manner. Each state is awarded an equal number of electors as its total number of congressional representative. While House districts are theoretically divided into equal population segments, there is no way to balance that equation into perfect equality. Each district has a constantly varying population, and each state has exactly two Senators. Given these variables, there are no two states in America where an electoral vote equates to the exact same number of popular votes.
The Supreme Court has ruled several times that pro-rating votes on a geographic basis is inherently discriminatory and against the spirit of the Constitution. The Court, however, does not have the authority to apply this on a national scale. The inequality created by the Electoral College and the unfair distribution of votes is built into the Constitution. The Court only has the authority to overturn unconstitutional laws, not to amend the Constitution itself. This is a decision that belongs to congress. This easy solution would allow for a direct election of the President. Logistically, there are no fundamental changes to make; the popular votes would be tallied to determine the awarding of electoral votes. The time has come to abandon this useless relic of a bygone era and relegate it to the pages of history with racial and gender discrimination.

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