A STUDY OF THE ELECTORAL COLLEGE SYSTEM IN THE AMERICAN POLITICAL CONTEXT By Lou Weibo A Thesis Submitted to The Graduate School and The College of English In Partial Fulfillment of the Requirements for The Degree of Master of Arts Under the Supervision of Associate Professor Lin Ling Shanghai International Studies University December, 2011 Acknowledgement Upon completion of this thesis, I would like to extend my great gratitude to all who have helped me with the process of writing. My deepest appreciation goes to associate Professor Lin Ling, my respected supervisor, who roused my interest in this field and provided me with suggestions on structural rearrangement, language proofreading and content cohesion. She is strict and responsible and guided me through step by step. For any mistakes or deficiencies in this thesis, the responsibility rests squarely with me. My great gratitude also goes to the many scholars, home and abroad, who have written an extensive amount of work on this subject and have enlightened me and helped me grope for the final completion of this thesis. Last but not least, I want to extend many special thanks to my family, my friends, my roommate and my classmates who have supported me unfailingly, either financially or emotionally. And it might be quite impossible for me to stick to the two and a half year plan without their unrelenting support and encouragement. i Abstract The Electoral College system of America is a unique presidential election system in the world. It is also one of the most controversial issues in American politics. At present, debate over the presidential election system comes from the winner-take-all system adopted by most states. It focuses on the election of run-up president and the unequal distribution of state interest. Currently, research conducted by American scholars often concentrate on the Electoral College system itself. The benefits and drawbacks of the current system are well analyzed in many books and essays. Meanwhile, scholars and political scientists also actively explore possible alternatives to the current system, including popular election plan, district election plan and proportional election plan. They also predict potential influence of proposed plans on American society. Domestic scholars mainly explore the function and limitation of the Electoral College system from its origin and historical development. This thesis aims to discuss the Electoral College system in American political context. The Electoral College system does not exist alone. Rather, its origin and development is closely related to the American political environment. Therefore, in carrying out this issue, the thesis tries to avoid analyzing mere advantages and disadvantages of the Electoral College system and its alternatives. The thesis will explore reasons for the long existence of the Electoral College system from three different perspectives, namely the federal principle, the two-party system and the racial diversity in American society. This paper will be divided into three parts. The first chapter will give an overview of the Electoral College system, including its origin, the Framer‟s vision for the system, and its historical development. The second chapter will be devoted to elaborate major controversies over the Electoral College system, including the election of run-up president and state interest distribution. The third chapter explores the political basis of the Electoral College system from three different perspectives. First of all, it analyzes the legitimacy of the current system from the perspective of the federal principle. Second, the thesis analyzes the rationale of the system on the basis of the two-party system in America. On the one hand, the two-party system has largely shaped the current Electoral College system. On the ii other hand, the Electoral College system has greatly consolidated the two-party system in return. Third, it explores the rationale of the current system from the perspective of interest of minority groups. Different ethnic groups coexisted in America. It is of great importance to make their voice heard. The current system has prevented them from being marginalized. Based on the analysis from these perspectives, this study reveals the mechanism of the Electoral College within the American political system. Key words: Electoral College system, run-up president, state interest, federal principle, two-party system, racial diversity iii 摘要 美国总统选举制度——选举人团制,是世界上非常独特的一种选举制度。同时, 它也是美国政治中极富争议的话题。目前针对总统选举制度的争议主要源于在绝大多 数州盛行的“胜者全得”制度。争议的焦点主要在于少数人总统的产生及各州利益分 配之间的矛盾。目前,国外学者对于美国总统选举制度的研究主要围绕选举人团制度 本身展开。大量著作从多角度深入分析选举人团制度的利弊。同时,学者与政治学家 们也积极探讨针对现行总统选举制度的各种改革方式,主要包括普选制、选区制和比 例制,对各种改革方式的可行性及其可能产生的影响进行预测和分析。而国内学者主 要从选举人团制度的起源及其发展历史探索其作用及局限性,预测未来改革趋势。 本文尝试在美国政治语境下探讨美国选举人团制度,从它的历史渊源及发展演变 探讨它的内在本质及其矛盾。总统选举制度不是一个孤立存在的个体,它的产生和发 展与美国的政治环境密切相关。在开展这一课题时,本文力图摆脱对选举人团制度本 身及各种改革方案的利弊分析,尝试从三个不同视角——联邦主义、两党制及美国社 会种族多样性探讨选举人团制度长期存在的原因和必然性。 本文将分为三个部分。第一章将概括介绍现行的总统选举制度,包括选举人团制 度的起源、发展历史及现行的操作办法。第二章将讨论针对选举人图制度的各项争议, 包括少数人总统的产生和各州利益分配问题。本文的第三章重点从三个角度讨论选举 人团制度的所存在的政治基础。首先,本文从联邦主义角度出发分析选举人团制度存 在的合理性。其次,文章从历史发展角度探索两党制对选举人团制度所产生的深远影 响。从某种意义上说,两党制与选举人团制度相互依存,缺一不可。最后,文章从少 数民族利益出发揭示选举人团制度存在的必要性。总而言之,本文力图说明选举人团 制度是美国政治环境下平衡各种政治力量的最佳选择,它的存在意义重大。 关键字:选举人团制、少数人总统、州利益、联邦主义、两党制、民族多样性 iv Contents Acknowledgement ...................................................................................................................................... i Abstract ..................................................................................................................................................... ii 摘要 .......................................................................................................................................................... iv Introduction ............................................................................................................................................... 1 1. The Electoral College: Origin and Mechanism ..................................................................................... 6 1.1 The Origin.................................................................................................................................... 6 1.2 Framer‟s Vision ........................................................................................................................... 9 1.3 The Electoral College Today ..................................................................................................... 12 Summary.......................................................................................................................................... 18 2. Major Controversies ............................................................................................................................ 19 2.1 The Election of Run-up President.............................................................................................. 19 2.2 Political Equality ....................................................................................................................... 25 2.2.1 Large-state Bias .............................................................................................................. 26 2.2.2 Small-state Bias .............................................................................................................. 27 Summary.......................................................................................................................................... 28 3. Political Mechanism and Social Realities............................................................................................ 30 3.1 Federalism ................................................................................................................................. 30 3.1.1 Federalism as a Political System .................................................................................... 31 3.1.2 Federalism in the Electoral College ................................................................................ 38 3.2 The Two-party System ............................................................................................................... 41 3.2.1 Historical Development: An Overview........................................................................... 41 3.2.2 The Two-party System and the Electoral College........................................................... 43 3.3 Interests of Minority Groups ..................................................................................................... 49 3.3.1 Diversification in the American Society ......................................................................... 49 3.3.2 Majority Rule with the Consent of Minorities ................................................................ 51 Summary.......................................................................................................................................... 54 Conclusions ............................................................................................................................................. 56 Bibliography ............................................................................................................................................ 60 v Introduction The Electoral College system of America is a unique presidential election system in the world. It still remains one of major controversial issues in American politics. While many people applaud for the Founding Father‟s wisdom, others are strongly against the system. As the intellectual crystallization of founding fathers, the system has been under question and criticism from its beginning. Currently, the presidential election is held in 50 states separately. Each state is allocated with certain number of electoral votes, equal to the state‟s number of representatives in the House of Representatives and the Senate. The total number of electoral votes is 538, including three electoral votes from Washington D.C. On the Election Day, voters will go to polling stations to cast their votes for president. At present, most states adopt the winner-take-all system, under which the candidate that wins the plurality of popular vote of a certain state could take all the electoral votes of that state. Maine and Nebraska are the exceptions to the rule. Nationwide, the candidate that wins the majority of electoral votes (270 votes) will become the next president of the United States. The winner-take-all system has greatly changed the way that candidates run for their presidency. Along with the winner-take-all system, more and more began to doubt its legitimacy. The most intense debate about the Electoral College system is the election of the minority president—the president that has won more electoral votes than his opponent without winning more popular votes. To some, the election of minority president is obviously in the violation of democratic principle. The president should represent the majority of the nation. S/he is not qualified enough to run the nation if s/he is not chosen by the majority of the people. Other vehement discussion about the system includes the state interests. According to the constitution, each state, big or small, will be guaranteed at least three electoral votes. In other words, the individual vote in one state would weigh more than that in another state, especially those in small states. On the other hand, in terms of the total number of electoral votes, candidates would like to focus more on big states. 1 Therefore, citizens in big states are often attached more importance by candidates. After all, whose interest the Electoral College system is trying to protect—small states, big states or swing states? The fact that the current system can not balance the interest of each state is another bone of contention. For centuries, in order to resolve controversies over the Electoral College system, political scholars and researchers have produced rich works and papers on the Electoral College system, approaching this issue from various perspectives. Books contributed to defend the current system include Judith A. Best‟s The Case against Direct Election of the President, A Defense of the Electoral College (Judith A. Best: 1975), which analyzes the assets of the Electoral College system by comparing it with the automatic plan, the proportional plan, and the district plan, Voting for President: The Electoral College and the American Political System (Wallace S. Sayre and Judith H. Parris: 1970), which reveals possible consequences of proposed changes, including the contingency procedures, the influence on federalism and two-party system, Enlightened Democracy: the Case for the Electoral College (Tara Ross: 2005), another vindication of the Electoral College system, exploring the reasons why those liberals who denounced the Electoral College as elitist and outdated are wrong, further explaining the thought processes that went behind this invention of the founding fathers, and coming to conclusion that the system does not ignore the will of people, but protects the republic and promote the country‟s liberty. The Importance of the Electoral College (George Grant: 2004) also falls into this category. Grant provides three major lines of reasoning in supporting the Electoral College. The first line is that the system works in the past two hundred years. The second line of reasoning is that it represents many minority groups in the nation. The third line is the stability of the republic based on both the wisdom and the anti-revolutionary gravitas of the Founding Fathers. The book Securing Democracy: Why We Have an Electoral College (Edited by Gary L. GreggⅡ: 2001) is another important achievement, which assembles seven essays by political scholars endorsing support for the Electoral College. The essays argue that the current structure of the Electoral College maintains the two-party system, keeps federal and constitutional procedures intact, and has only failed to produce electoral mandates in four elections since 1804. There are also analytical works on reforming or abolishing the electoral colleges 2 system. In The People’s President: the Electoral College in American History and the Direct Vote Alternative (Neal R. Peirce & Lawrence D. Longley: 1987), authors have traced the long history of Electoral College, as well as those controversial presidential elections in the history. Meanwhile, this book provides a very detailed and comprehensive overview of reform efforts for nearly two centuries, especially the very important decade from 1969-1979 in the history of electoral reform. The Politics of Electoral College Reform (Lawrence D. Longley & Alan G. Braun 1972) gives an overall view of features of various reform possibilities, and devotes a separate chapter to argue in detail for direct national popular voting. The authors argue that nothing less than direct popular voting for president will satisfy their specified criteria of democracy, legitimacy, and effectiveness of the winner. This book‟s most original contribution is a detailed narrative and analysis of the strong, but ultimately unsuccessful, drive for Electoral College reform in the 91st Congress. In his controversial book Why the Electoral College is Bad for America (George Edwards III: 2004), George Edwards III has strongly blamed the Electoral College. He argues that—contrary to what supporters of the Electoral College usually claim—there is no real justification for a system that might violate majority rule. Drawing on systematic data, Edwards finds that the Electoral College distorts the presidential campaign so that candidates ignore most small states and some large ones and pay little attention to minorities, and it encourages third parties to run presidential campaign and discourages party competition in many states. The controversy over the Electoral College System has also attracted scholarly attention in China. In “Electoral College in US Presidential Election”, Tang Xiao has reviewed the evolution and development of the Electoral College system from its very beginning to the modern version. More importantly, he has analyzed the functions and limits of the current system. Lin Hongyu has also written two papers on the Electoral College system. In “The Embarrassment of Democracy: Viewing American Election Politics from the Perspective of Electoral College System” and “On the Reform of the US Electoral College System”, he has pointed out the limit of the current system: inequality between electoral votes and popular vote, which may lead to undemocratic result—the election of minority president. “An insight into the US Electoral College System” by Lin Ling has also reviewed the essentials of the system and envisioned the prospect for future 3 reform. In conclusion, most of authors have clear-cut stand on the issue: either support or oppose the system. Most of these works focus on the assets and defects of the Electoral College system. However, relatively few observations in Electoral College system are on the political basis of the system. This thesis aims to explore the nature of the Electoral College system in the American political context. The study is based on both primary and secondary resources. Candidates‟ campaign policy and speech are important material to discover the influence of the current presidential election system. Statistics from every general election can also be served as the primary resource to analyze different results should the Electoral College system be replaced by other plans. The advantages and disadvantages of the Electoral College system, as well as its developing history, are well analyzed in many books and essays, providing rich secondary resources to further explore the current system in American political context. The first chapter gives an overview of the Electoral College system, including the origin, the Framer‟s vision for the system, and its historical development, enabling reader to get a general idea of the system in a short time. The second chapter will be devoted to elaborate major controversies over the Electoral College system. To better illustrate the debate over the election of run-up president, four important elections will be analyzed in the second chapter. Meanwhile, the controversy over state interest will also be discussed. The third chapter explores the political basis of the Electoral College system from three different perspectives. First of all, it analyzes the legitimacy of the current system from the perspective of the federal principle. Federalism forms the basis of the American political system, which is well embodied in the Electoral College system. Second, the thesis will analyze the rationale of the system on the basis of the two-party system in America. On the one hand, the two-party system has largely shaped the current Electoral College system. The winner-take-all system was adopted by states with the development of national party system. At the beginning of the 19th century, both the Jeffersonian Republicans and the Hamiltonian Federalists began to offer presidential candidates to the nation. In order to win the presidency, both parties can not resist the temptation to press electors to elect candidates from their own parties. As a result, the prospect envisioned by Framers that 4 electors should use their own wisdom to elect the president was soon dead. On the other hand, the Electoral College system has consolidated the two-party system in return. In each state, there are well-organized Democratic Party and Republican Party which could exert great power on presidential election. Though third party or independent candidates could win election in some states, the chance for them to win the presidency is very slim. Third, it will also explore the rationale of the current system from the perspective of interest of minority groups. Different ethnic groups coexisted in America. It is of great importance to make their voice heard. The current system has prevented them from being marginalized. An ethnic group may constitute a small proportion compared to the national population, however, its population may be large enough in a single state to form a critical mass so that candidates can not afford to ignore their interest. Based on the analysis from these perspectives, this study reveals the mechanism of the Electoral College within the American political system. Overall, the thesis argues that the Electoral College is grounded in the American political system. First, the Electoral College is in accordance with the federal principle. Second, the development of the two-party system has exerted great influence to the development of Electoral College. Third, the Electoral College System has helped to secure the interest of minority groups. It is hoped that this thesis will enrich the existing scholarship by exploring the political basis of the Electoral College system. As most works on Electoral College system at home, often approach this issue from the perspective of its controversies, this thesis will provide a new approach to work on. It also aims to illuminate on the study of the mechanism of American political system. 5 1. The Electoral College: Origin and Mechanism 1.1 The Origin After the thirteen colonies won independence from the Great Britain, the Founding Fathers found that the new nation under the Articles of Confederation was a loose union. Congress was unable to govern on some crucial issues, including taxation, regulation of commerce, paper money and so on. It is especially true during the war time. In order to end the chaos under the Articles, delegates from twelve states (except the Rhode Island) met in Philadelphia between May 25 and September 17, 1787 at the Constitutional Convention to revise the Articles of Confederation. When it came to the presidency, the delegates were perplexed about how to choose the president. Many plans were proposed on how to elect the president. Yet, the delegates could not achieve agreement on a single plan for a long time. Three major proposals for electing the president were debated most contentiously during the convention. They were election by Congress, direct election by people and election by intermediate electors. The plan of legislative election was originated from the “Virginia Plan”. At that time, many states, including the state of Virginia, elected its governor by state legislature. It was first proposed by Edmund Randolph of Virginia that national executive be elected by the members of the national legislature. Supporters of this plan advocated for a strong national legislature and weak executive. Its chief advocate Roger Sherman from Connecticut State endorsed his support for legislative plan “the person (Executive magistracy) ought to be appointed by and accountable to the Legislature only, which was the despositary of the supreme will of the Society.”1 However, this also turned out to be the major concern of its opponents. To let the Congress elect the president, according to many delegates, would jeopardize the president‟s autonomy into the hands of the legislature branch. As the nation has just won independence from the British tyranny, the Founding Fathers refused each and every possible form of tyranny. The adoption of the legislative election plan would 1 Farrand, Max, (Ed.), Records of the Federal Convention of 1787, New Haven: Yale University Press, 4 vols, 1911, p. 65. 6 possibly hand the executive power and legislative power over to a single branch—the legislative branch, which is against the basic principle of checks and balances. Therefore, due to its threat on president‟s independence, the plan was finally defeated, despite the fact that it was submitted to the convention for final vote several times. Another plan that has caused heated discussion during the convention is the direct election by people. Some states like New York and Massachusetts adopted the plan to elect state governors. Some representatives assumed that, with the experience in these states, the plan would also be operated well nationwide. Proponents of the plan included James Wilson, Gouverneur Morris and James Madison. They believed that since the president serves the whole nation, it should also be elected by the whole nation directly. Meanwhile, direct vote by people would guarantee the independence of the president, as he only needs to be responsible for the people, rather than one particular group electing him/her as president. Once in the position, the president can carry out his work much easier, for he represents the majority of the nation. However, it could not win support from all the delegates either. First of all, considering of the poor communication and transportation condition at the beginning of the nation, it would be very difficult for candidates to carry out their campaigns. It was also a huge task for the government to supervise the whole process of campaign and election. Many worried that people, especially those living in far-away areas would not be well-informed about candidates‟ information from other states. As a result, they would only choose their own state‟s favorite son. Furthermore, the Founding Fathers were not very confident about the public‟s ability to choose the right person neither. As Mason of Virginia remarked, “it would be as unnatural to refer the choice of a proper magistrate to the people, as it would, to refer a trial of colors to a blind man. The extent of the country renders it impossible that the people can have the requisite capacity to judge… the candidate.”2 At the same time, the Framers were worried about the “tyranny of the majority”3. If the direct vote plan was employed, interest of some minority groups, whose population were not large enough to form a critical mass in national election, would be probably ignored. Maybe the most dangerous concern about this plan is that the election would be controlled by some demagogues, inducing some innocent citizens to 2 Farrand, Max, (Ed.), Records of the Federal Convention of 1787, New Haven: Yale University Press, 4 vols, 1937, p. 57. 3 http://www.thegreen papers.com?Hx/Electoral College.html 7 choose certain candidate, which might cause “tumult and disorder”4. Another controversy about this plan is between northern and southern states. Southern delegates were afraid that direct vote would weaken their influence in presidential election because at that time a large proportion of their population was slaves that did not have the right to vote. As a result, the direct vote plan was also abandoned. The third plan—the Electoral College plan was proposed as an intermediate plan after the legislative plan and the direct vote plan were refused. According to this plan, each state would be allocated a certain number of electors, which equaled to its member in the Senate and the House of Representative. Each state could adopt its own measure to choose electors, whether by popular vote, appointment by the governor, or by the election of state legislature. On the Election Day, electors will meet at their states to cast their votes for president and vice president. The candidate that wins the majority of electoral vote wins the presidency, and the runner-up became vice president. If no candidate won the majority, then the House of Representatives would choose the president from among the top five candidates by one vote each state. And if there remain two or three candidates with equal votes after the choice of president, the Senate shall choose from them the vice president. On September 6, 1787, the Electoral College as an institution was written into the final draft of the Constitution. On September 6, 1787, it was approved by the Constitutional Convention. However, the ratification of the system did not go very smoothly. Though seldom opponents of the new Constitution attacked the Electoral College system, “months of struggle ensued within the thirteen state legislatures”5. On June 21, 1788, with the ratification by the state of New Hampshire, the system was finally put into effect with the ratification by the minimum nine states. However, as a practical matter, “the two large states—Virginia and New York had o ratify the system for the whole new federal system to be a viable one.”6 By late July1788, the two states ratified the system. The last state, Rhode Island, finally ratified in 1790, one year after the first president George Washington was elected and sworn into the office. 4 Hamilton, Alexander, James Madison, & John Jay, The Federalist Papers, New York: Bantam Books, 1982, p. 345. 5 Sayre, S. Wallace, & Judith A. Parris, Voting for President: The Electoral College and the American Political System, Washington, D.C.: The Brookings Institution, 1970, p. 24. 6 http://www.thegreen papers.com?Hx/Electoral College.html 8
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