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Criado-Mastros 1 Marc Criado-Mastros Mrs. Mary Leoson ENG101 (Unit 7) 28 September 2019 The Electoral College and why we need a Constitutional Amendment to abolish it. Source: Lessig, Lawrence. "Electoral College Confusions".   Thehill , 2018, https://thehill.com/blogs/congress-blog/politics/413998-electoral-college-confusions. Introduction The Electoral College is the process through which the president and the vice president are selected into power. Contrary to what many may think, the Electoral College is a process and not necessarily a specific locality (US National Archives and Records Administration (a). The method is per the United States constitution and thus giving it the ultimate power as far as the presidential election laws are concerned. The process involves the selection of the president through 538 elected representatives, where the president and the vice president must gather at
Criado-Mastros 2 least 270 electoral votes to win. The representatives include congress members, state, and district representatives; for example, the District of Columbia has three votes as stipulated in the 23rd amendment (US National Archives and Records Administration (b). The popular vote does not necessarily dictate who wins the election as occasionally presidents have won the Electoral College vote and lost the popular, thus making people question the legitimacy of the Electoral College. The paper explores the existence of the Electoral College and evaluates its performance, success, and failures as the constitutional method of electing the president and the vice president in the United States. The Electoral College History The founding fathers of the nation started the Electoral College after serious and rigorous deliberations on what is the correct process to elect the president and his vice president. Many people had different opinions about how the president should be chosen but resolved into the Electoral College as a compromise due to the many factors in play  ( Black 16). The Electoral College was among the main reasons for the 1787 constitutional convention to ensure that the best method for the country to elect its top leadership is found (Roos). However, it was not until 1804 that the founding fathers agreed on the Electoral College. Although it was a compromise for many things, many of the proponents argued that it was not perfect but an excellent and workable process. Conversely, some felt that the process would encourage corruption and compromise the oversight role of the congress on the executive (Roos). While others advocated for the popular vote to carry the day as that is the only sure way to ensure that power remains on the people.
Criado-Mastros 3 Slavery was rampant in the 18th and the beginning of the 19th century. The majority of the southern states had a larger population of slaves than the Native Americans. In some states, the slave population accounted for more than 60% of the total population (Roos). The Electoral College came as a compromise, which was popularly known as the “three-fifths compromise” where one save was counted as three-fifths of a person to reduce their power in electing their representatives. The method also assisted in calculating taxes for the people and their regions. Through the Electoral College, the white settlers would retain control and elect their leaders who supported their policies and slaver. The compromise allowed people from all over the country, regardless of their numbers or the size of their geographical locations, to be represented in the national leadership (Roos). Thus the Electoral College was a compromise for many circumstances and issues at that time. Process The Electoral College is not a complicated message process and was established based on equality and advocating for the rights of the minority groups in the country. The Electoral College process involves selecting the electors, gathering of the electors to vote, counting the votes, and announcing the results for the president and the vice president. The Electoral College is anchored in Article II, section 1 of the US Constitution, which states that the states can choose their representatives and selects the electors in any manner they desire based on the number of their congressional representation (US National Archives and Records Administration (a). For example, the Washington state has three representatives, two from within and one outside the state. Upon voting, the one who receives the highest number of votes becomes presided while the runners up become the vice president.
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Criado-Mastros 4 The president-elect must get at least 270 votes out of the 538, and in the event, no one gets the majority of the vote, the house of representatives would decide. The selection would be for the top five candidates who received the majority of the electoral vote. If the vice president votes have a tie, the senate has the mandate to vote and come up with one person to become the vice president among the selected nominees (US National Archives and Records Administration (b). The office of the federal register manages the Electoral College on behalf of the Archivist of the United States, American [people, and the states. The office of the national register acts as an intermediary and an overseer of the Electoral College process and also as a trusted agent of the US Congress. It also reviews the legitimacy and legality of the documents used in the process, whether in congress or other avenues in the process. Evaluating the US Electoral College The Electoral College is a method that involves the election by the people through their representatives. Some people have disputed the role of the people in voting for their favorite candidates for president and vice president. Ideally, as it is the norm in many countries, people elect their leaders, and the winner takes the day. The Electoral College is said to be irrelevant as it does not necessarily reflect the will of the people (Spivak). Some question whether the electors are after their interests and or the country. Some of the bias is likely to occur due to personal relationships and the candidate. The questions that people ask do the people elect the president. The controversy is that the issue has no definite answer as it depends based on the argument. For example, saying no means that the electors elect the president and not the electorate, but also, the question can argue that people choose the electors as their representatives who vote for the president.
Criado-Mastros 5 The Electoral College does not reflect the will of the people. Five presidents in the history of the United States have lost the popular vote and won the Electoral College. For example, among the most recent incidences include the disputed election of President Donald Trump in the 2016 presidential election. President Trump gathered 62984828 votes representing 46.1% of the total cast votes while his closest opponent, Hilary Clinton, got 65853514 votes representing 48.2% of the votes (Federal Election Commission 5). President Trump, however, received 304 electoral votes against 227 for Clinton and became president. The same can be said for George W. Bush. President Bush received 50, 456,002 votes, which are 47.87% of the total cast votes and 271 electoral votes. Al Gore received 266 electoral votes and 0.5% more popular votes than President Bush but still lost ("Federal Elections 2000: 2000 Presidential Electoral and Popular Vote Table"). Therefore, since the turn of the century, two out of the three presidents have lost the popular vote and won the Electoral College vote. The will of the people was overturned and left in the hands of a few electors; elections should be a reflection of the intention of the people. The electoral vote incorporates all the people, including the minorities, in having their voices heard. The Electoral College ensures that all people are heard and their needs considered regardless of their numbers. Also, it provides equality among states, and thus, no state can claim more of the national cake than the other. The electoral vote deals with the representatives and not the people. If a presidential candidate wants to be elected, they find the most influential people in different sectors and industries who later take the initiative of convincing their followers. When a leader is elected, it is assumed that he has the authority of those they represent to make the choices for them. All people are represented in electing a president, though indirectly —
Criado-Mastros 6 however, some representatives campaign for one person and vote for the other (Spivak). The practice has recently raised controversial debates n whose interests do these individuals serve. The Electoral College minimizes the disputes in presidential elections. Many countries using the popular vote to vote for the president are often disrupted by disagreements on the credibility of the elections. Such issues destabilize the people and the economy. The Electoral College has its problems in disputing president trump’s election, and there are only 538 votes which are cast in the same place and counted transparently, and thus, the chances of rigging such results are very minimal (US National Archives and Records Administration (b). Otherwise, with the size and population of the United States, the popular vote can be disputed, and illegalities are more bound to occur. However, considering the votes for the minorities may cause the presidents seeking reelection to neglect essential matters to be reelected. The Electoral College favors the presidents who want reelections and thus making it difficult to amend it (Law). Besides, although the elections are more transparent, it is challenging for an individual, a third party, to win votes in the country. The candidates represent significant parties, and if a candidate does not belong to either party, reelection is almost impossible. Recommendations and Conclusion The Electoral College is a right and wrong method of electing the president of the United States. However, it is reasonable to have the strengths and weaknesses of any process in the world. The process has more disadvantages than advantages and should be abolished with immediate effect. Out of the 45 presidents in the United States, five have won by the electoral vote only (Law). Even with the Electoral College, there have been few disputed elections in America due to the failure and inconvenience of the Electoral College process. The process equalizes states and ensures that the united states remain united since all of the states are well represented in
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Criado-Mastros 7 congress, and other avenues, and thus, in electing the president, all people, including the minorities are represented (Black 66). The process has been in place for more than two centuries, and thus, it is time to change how the system works as many things have also changed. The generational change has also compromised the reliability op f the results due to technology allowance to manipulate results. The system only benefits a few people and makes it possible to ignore the American people. The sovereignty of the land belongs to the people, and the presidential elections should be at the forefront to demonstrate that.   
Criado-Mastros 8 Works cited "Federal Elections 2000: 2000 Presidential Electoral and Popular Vote Table".  Transition.Fec.Gov , 2001, https://transition.fec.gov/pubrec/fe2000/elecpop.htm. Black, Eric.  Imperfect Union; The Constitutional Roots Of The Mess We Are In . Bookbaby, 2013. Federal Election Commission.  Election Results For The U.S. President, The U.S. Senate And The U.S. House Of Representatives . Federal Election Commission Public Disclosure And Media Relations Division Office Of Communications, Washington, D.C, 2017. https://transition.fec.gov/pubrec/fe2016/federalelections2016.pdf. Law, Tara. "Https://Time.Com".  Time , 2019, https://time.com/5579161/presidents-elected- electoral-college/. Roos, Dave. "Why Was The Electoral College Created?".  HISTORY , 2019, https://www.history.com/news/electoral-college-founding-fathers-constitutional- convention. Spivak, Joshua. "Opinion: This Is Why The Founding Fathers Would Agree The Electoral College Is A Total Failure".  The Independent , 2019, https://www.independent.co.uk/voices/abolish-electoral-college-2020-presidential- election-founding-fathers-a8860266.html. US National Archives and Records Administration (a).  What Is The Electoral College? . Office Of The Federal Register, Washington D.C, 2019. https://www.archives.gov/federal- register/electoral-college/about.html#top.
Criado-Mastros 9 US National Archives and Records Administration (b).  U. S. Electoral College: Presidential Election Laws . Office Of The Federal Register, Washington D.C, 2019. https://www.archives.gov/federal-register/electoral-college/about.html#top.
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