an autodidact meets a dilettante…

Canto: What do the words ‘electoral college’ mean to you?

Jacinta: Let me see, ‘electoral’ has something to do with processes and methods relating to elections, and a college is an educational institution, and connected words like ‘collegial’ and ‘colleague’ bring to mind teams and teamwork, in an educated sort of way. I’ve also heard about the electoral college in relation to US federal politics, but I’m not sure what it means. At a guess, I think it just means the electorate, and the regions it’s made up of, though why that would be called a ‘college’ I’ve no idea.

Canto: Well there’s this American-only phenomenon called the Electoral College I’ve been hearing about since I’ve been tuning into what has become, hopefully briefly, Trumpistan, but the term has kind of washed over me, and I’ve not thought of it as anything more than a fancy term for the electorate and its divisions, as you say. But no, a little book called Will he go?, by Lawrence Douglas, a professor of law, jurisprudence and social thought at Amherst College, has taught me otherwise, though I’ve not completely got my head around it, so now’s the time.

Jacinta: Wikipedia tells me it goes back to that worshipped but problematic constitution of theirs. It also seeks to explain how it works, but it doesn’t really explain, at least not in its initial section, how it was thought needful.

Canto: Well, Douglas has a chapter in his book, ‘The Electoral College revisited, alas’, which opens thus:

The Electoral College is our constitutional appendix, a vestigial organ that has ceased to perform any valuable function and can only create problems for the body politic. It is a deservedly unloved part of our Constitution. Recently asked what part of the Constitution she would most like to alter, Justice Ruth Baider Ginsburg quickly answered, ‘the Electoral College – I’d like to see it abolished.’ Most Americans agree. No poll conducted over the past 70 years has found a majority of Americans supporting it. Only roughly one third of those polled in 2019 ‘would prefer to keep’ it.

L Douglas, Will he go? p 49.

Douglas goes on to argue that the USA is the only country in the world where the loser of a presidential election, based on popular vote, can actually win it by means of another system, namely the Electoral College in this case.

Jacinta: But in Australia we often have parties losing the popular vote but gaining more seats and so gaining ultimate victory, or in cases where neither party has an outright majority, it’s the party that can form a coalition with minor parties or independents that can form government.

Canto: Yes but here they’re talking about one-on-one presidential battles, no coalitions. Though such one-on-one races are just indicative of a bad political system, IMHO. And the reason parties win with a minority of votes is because the voters in some electorates are ‘worth more’ than the voters in other electorates. This imbalance was sort of deliberately created to provide more rural states with more power, so they wouldn’t be swamped at every election by the urbanites, but with the dramatic increase in urbanisation in recent decades, and the increase in productivity of those urban states, it’s become clear that the most urbanised states are effectively subsidising the rural states, while being dudded out of their share of the vote.

Jacinta: This isn’t a problem with the Electoral College, though, is it? The solution to what you’re talking about could surely be solved by a kind of independent commission on demographics, which could redraw the electorate every few years, say, on the basis of the movement of peoples….

Canto: Which would thus constantly be reducing the value of the rural vote, which would, if people considered the value of their vote to be a high priority in their lives, increase the rate of urbanisation. I’m wondering if that would ultimately be a good thing. But to return to the Electoral College..

Jacinta: Before you go on, this problem of losing the popular vote and winning the election, which has become much more of a factor in recent years in the US, is far more of a worry in these one-on-one contests, because you could have contests between, say, a centrist candidate and a far-right or far-left candidate, and if the extremist candidate manages to win the contest based on electoral boundaries rather than popular vote – which can be done more and more in the US, even with a substantial loss in the popular vote – that candidate and his personally appointed courtiers (another example of American exceptionalism) can do substantial damage to the public interest during his term, given the extraordinary powers given to one person by the system. That’s what’s happening now – though Trump is neither right nor left, nor up, he’s just down down down.

Canto: True, and if you regularly adjusted those boundaries so that they better captured one-vote-one-value, it’s probable that Trump would never have been elected. As Douglas writes, perhaps a little optimistically, ‘it seems fair to say that it is harder to convince 50% of the electorate to embrace a politics of division and intolerance than it is to convince 40%’.

Jacinta: Trump has never had 50% popular support at any time during his presidency, which provides support for that.

Canto: So the Electoral College system is little understood by even tertiary-educated Americans. Douglas suggests that its very opacity from the public perspective is a damning indictment, but it requires an amendment from the most impossible-to-amend constitution on the globe to change or dump it. In fact their constitution is hoist by its own petard in this case, as the system gives disproportionate power to less populous states, who would have to ratify its elimination. It’s a collection of electors, 538 in all, so requiring the magic number of 270 for a majority, who meet every four years to decide who’ll be the President.

Jacinta: I thought the federal election did that. So clearly the EC, if I can call it that…

Canto: Please do.

Jacinta: Clearly the EC is tightly bound to the election. I knew there were some 500-odd parts to the election, or the electorate, but I just thought that meant 500 electoral regions, a certain number in each US state, just as there are currently 47 electoral districts here in South Australia. Why would they need electors, and what are they?

Canto: To be honest, it’s confusing – when people, including Douglas, complain about the Electoral College, it seems to me they’re complaining about the electoral system, which again can be made to be highly unrepresentative of the popular vote, with safe electorates and swinging electorates, which can change as electoral boundaries change, and that can happen quite often, in Australia at least. But, the electors…. it all started with the very concept of the President, and the so-called separation of powers. In the USA they originally had the idea of a President being something like a monarch, only elected, and having to fight for re-election every so many years. But they also wanted a parliament, again like Britain, which they, presumably just to be different, called a congress, as a ‘coequal branch of government’. But in Britain, parliament has long since ceased to be a co-equal branch, it is the government. No need for a separation of powers, parliament is the power.

Jacinta: You’re right, the US congress is just another parliament, and the USA is still just a British colony – why can’t they face facts?

Canto: Anyway, back in the day, there was a huge amount of argy-bargy about this separation of powers, with constitutional conventions and various formulae and compromises, and finally they settled on this weird electoral college thing, with electors from each state ‘in the same numbers as their representatives in Congress’.

Jacinta: So a state with, say, seven electoral districts will have seven electors. For what possible reason? If one guy wins the district, he wins the seat. What more do you need?

Canto: That’s the billion-dollar question. I’m trying to get to the reasoning. In fact, your straightforward option was favoured by some constitutional convention delegates, such as James Madison, though he recognised that this might disadvantage the South, where there was a disproportionate number of slaves, and of course, they would never be allowed to vote, even if they were freed. Though I’m not sure how this situation could be resolved by an Electoral College. The whole idea of this EC seems as complicated and bizarre as quantum mechanics.

Jacinta: And as impossible to get rid of.

Canto: So, an elector for each electoral district, who was expected to be a proxy for the district, voting the way the district voted. But each state was able to choose its electors and to decide on how they chose them. You would think this wouldn’t matter, as they were required to vote the way their district voted. But get this, they weren’t legally obligated to do so – at least there was no clear law, and still isn’t any clear law, forcing them to do so, and there have occasionally been ‘faithless electors’ who’ve cast their vote for the loser.

Jacinta: Which is highly undemocratic. But I still don’t get…

Canto: Don’t bother, just thank the dogs you don’t live in America.

Jacinta: Oh well, I’m sure they do their best, the poor wee souls…