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Thursday, October 10, 2019

The "Faithless Elector" Problem

Let me begin by saying the electoral college is a brilliant idea, unmatched anywhere else in the world for balancing political interests, and it should definitely NOT be abolished. However, a common complaint against the electoral college is the problem of the "faithless elector".  Let me explain.

When we vote for president, we aren't actually voting for the president. We are ACTUALLY voting for an elector who will then take his or her place in a very temporary institution called the "electoral college." The electoral college comes together only once every four years, after the presidential election is over. The term of office is counted in days. It is the electors who cast their votes for president, it is the electors who elect the president, not the general public.

Once in the electoral college, the elector should, if everything goes according to plan, vote for the same presidential candidate that the state s/he came from voted for. That's the idea, but the Constitution doesn't actually REQUIRE any particular elector to vote in a way that agrees with the majority vote of his or her state. Some states have state laws which put this requirement on their electors, but the constitutionality of those laws is unclear - they have never been challenged. Certainly not all states even have such laws in place. So, theoretically, the elector can actually vote for whoever they darn well please. This has created no end of entertainment over the last 200 years.

Now, the complain made against the electoral college is precisely about those "faithless electors" who vote their own conscience instead of the "will of the people" of the state that put them into the electoral college. But here's the nub: what - exactly - is the will of the people?

When we elect a senator or representative, those ladies and gentlemen (and I use both terms very loosely) often don't vote the way we want. In fact, the only thing we can count on is that they ALWAYS vote the way THEY want.

This is how they do it: if their opinion on an issue is shared by the majority of the people who elected them, then they proclaim that they are championing the majority and vote with the majority. However, if the senator or rep's opinion is only held by the minority of the people who voted for them, then the senator or rep votes the minority and claims s/he is fighting for the rights of the oppressed!


That's why we have to be very careful who we vote for. Each person in Congress, SCOTUS or the presidency is going to do whatever they damned well please. Despite our luscious illusions to the contrary, neither the majority nor the minority have any control over that. Everyone in government does whatever is in their own interests. If it happens to be in the interests of the majority, well, isn't that grand? But if it isn't, then the majority be damned. If you can't please everyone (and you can't), then you have to please yourself.

So, when it comes to representation, a "faithless elector" is pretty much par for the electoral course..It's standard issue politics. I don't see why anyone would be upset about someone doing, as an elector, what everyone already does as a senator, representative, SCOTUS judge or president. We can't very well expect higher standards for the largely faceless members of the electoral college than we have for all the other, far more permanent, offices. 





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