Since this is a presidential election year, it’s time to revisit questions that arise every four years about the Electoral College, popular vote and democracy. To begin, answer the following question and then ask it of family and friends. It is simple, yet 90% get it wrong. Question: What is the form of government of the United States (a) constitutional republic; (b) representative democracy; (c) democratic republic; (d) direct democracy; (e) constitutional democracy; or (f) democracy? The answer is later in this post.

Electoral College Gets No Respect

The word democracy is not mentioned in either the Declaration of Independence or the Constitution. That is because America is a republic with a republican form of government – not a democracy. A republic is a representative form of government pursuant to a charter or constitution and often consisting of subordinate political entities. Remember: we pledge allegiance to the flag and to the republic for which it stands; we sing the Battle Hymn of the Republic. Article IV, Section 4 of the Constitution guarantees to every state a republican form of government.

The Electoral College is consistent with, and a democracy is inconsistent with, a republican form of government. A popular vote would destroy the carefully crafted constitutional architecture based on federalism, separation of powers and checks and balances. A popular vote for president severs it from the rest of the constitutional forms, creates a myriad of new troubles and unleashes tyranny of the majority.

Critics assert that a national popular vote would have changed the outcome of some elections. The truth is there never has been a true popular vote, only a meaningless total of votes cast within the electoral college system. No Democrat squanders precious time and resources in deep red states and no Republican in deep blue states. Further, Democrats in deep red states and Republicans in deep blue states are not motivated to vote knowing their votes are meaningless. Consequently, the popular vote total within the present system has no validity whatsoever.

Moreover, it is unlikely the popular vote would have changed recent elections when requiring 50% to win as there would have been runoff elections with third party candidates eliminated. Hillary Clinton still would have lost the popular vote in 2016; in a runoff, the Green Party vote would have gone to Clinton but the much larger Libertarian Party vote would have gone to Trump. Since 1824, when popular votes first were recorded, 20 presidents failed to receive over 50%.

The electoral college system limits fraud to smaller jurisdictions, reduces federal power over elections and fosters the building of broad coalitions, while discouraging regionalism. Importantly, it safeguards us against tyranny of the majority.

Very few countries use popular vote; most advanced democratic nations use indirect systems. Recently in Canada, Trudeau won with 33% of the vote; Canada’s senate is based on regions, not population. Parliamentary systems, ubiquitous in Europe, routinely elect minority leaders. The senate in Australia has 12 members for each state – South Australia (1.7 million people) has the same number as New South Wales (7.3 million people). In Switzerland, each canton regardless of size has two members.

The US is a constitutional republic to answer the question posed earlier in this post.

National Popular Vote – One Person One Vote

We must go back to first principles. What is the purpose of government? Is it to instantly actualize the will of a bare majority at every moment? Or instead, is the measure of good government whether it is effective at creating long-term justice, stability, freedom and security – like in the US since 1787? If instant actualization is what you want, then the popular vote is for you – but beware the consequences.

Progressives consternate over inequalities inherent in a republic such as in the senate where Wyoming has the same number of senators as California. They consternate about the Electoral College and the filibuster. Under our republican government, senators and the Electoral College represent states – not people.

There is a Soros-funded organization, National Popular Vote or NPV, that aims to replace the Electoral College by a pact among states to pledge their electors to whoever wins the NPV. Thus far 16 blue states with 195 electoral votes have passed enabling legislation. It takes effect when states with 270 electoral votes ratify. Even if NPV reaches its goal, it is unconstitutional. Article I, Section 10 prohibits any compact between or among states without the consent of Congress.

Democracy and Tyranny of the Majority

America’s founders, extraordinarily well versed in history, had contempt for democracy, which they regarded as tyranny. Thomas Paine said, “Democracy is the vilest form of government.” Democracy is two wolves and a sheep voting on dinner.

While doing my research, I was unable to find one democracy past or present where the majority did not tyrannize minorities. Majoritarian tyranny is occurring throughout the world today including in Iraq, Syria, Turkey, China, Russia, Mexico, Myanmar, Sudan, Nigeria, Ethiopia, Bolivia, Kyrgyzstan, Indonesia, Botswana, Congo, Central African Republic and much of Latin America and the Arab world. During just the past century, over 100 million Europeans were slaughtered in genocides, pogroms, holocausts and ethnic cleansings. Every one involved tyranny of the majority.

America’s founding fathers, well aware of the excesses of democracy, filled the Constitution with firewalls to protect against the depredations of the mob. Human nature has not changed since 1787 and tyranny of the majority remains an unfortunate part of the human condition.

Returning, as always, to first principles and the purpose of government, do we really want instant actualization by a bare majority? The US Constitution has served us well for 237 years including the Electoral College, Senate and filibuster. Those who argue for democracy are woefully ignorant of history and human nature.

© 2024 George Noga
More Liberty – Less Government, Post Office Box 916381
Longwood, FL 32791-6381, Email: mllg@cfl.rr.com