Op-Ed: The Electoral College, last
defense of federalism
[The Center Square] John Hendrickson |
Tax Education Foundation of Iowa
Since the early 20th
Century, progressives have attacked the American Founding as obsolete.
Progressives argued that the Constitution could not solve modern policy
problems and in response, they called for a vast expansion of federal
power. Since the 1930s, the federal government has expanded both in size
and scope. This has come at the expense of federalism; the
constitutional principle of power being divided between the national and
state governments. |
As the federal government has assumed more power, the states
have not only lost sovereignty but have become dependent upon federal largess.
Federalism matters, and not only over the division of power, but it goes
directly to the heart of our constitutional republic. The undermining of
federalism continues today by those who not only want to expand federal power
but abolish the Electoral College.
When the Founding Fathers met in Philadelphia in 1787, they designed a
Constitution with a republican form of government that limited the powers of the
federal government. In Federalist Paper 45, James Madison wrote: “The powers
delegated by the proposed Constitution to the federal government are few and
defined. Those which are to remain in the State governments are numerous and
indefinite.” The 10th Amendment further solidified what Madison wrote in
Federalist 45. Historian Allen Guelzo correctly points out that the
“Constitution never set out to create a streamlined national government.”
The American Founders did not wish the states to have a diminished role under
the Constitution. The late constitutional scholar James McClellan wrote that the
“entire Constitution is actually honeycombed with provisions designed to protect
the residual sovereignty and interests of the states and to give them influence
in the decision-making process at the national level.”
This also includes the Electoral College. The Founders in considering the
election of the executive rejected outright a direct national election. In
designing the Electoral College, the Founders wanted to ensure that the
selection of the executive was both independent of Congress and included the
states. The Electoral College was designed to both protect the interests of the
states and the people.
Although the presidential election is viewed as a national election, it is an
election conducted by the 50 states. Voters within each state when they cast
their ballot for a presidential candidate are voting for that candidate’s
electors, who are chosen by political parties. The presidential candidate who
wins the state wins that state’s slate of presidential electors.
The Electoral College system safeguards equal representation in presidential
elections. This is similar to the United States Senate. The great compromise,
the Connecticut Compromise, at the Philadelphia Convention of 1787, was based on
resolving the disagreement over representation. The legislative branch would be
a bi-cameral with the House of Representatives based on population benefiting
larger states, and the Senate would have equal representation with each state
having two members, thus benefiting smaller states. Interestingly, before the
17th Amendment, members of the Senate were selected by state legislatures.
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The United States Senate, just as with the Electoral College, preserves equal
representation. The Senate protects small states and the citizens who reside in
those states from being shut out of the governing process by states with larger
populations.
Critics of the Electoral College are proposing to circumvent the Constitution by
promoting the National Popular Vote (NPV). This is an effort to get state
legislatures to pass legislation committing their states' electors to support
the winner of the national popular vote. At this time, 15 states and the
District of Columbia have passed legislation to join the NPV compact. This means
that 195 electoral votes have been pledged and NPV will need 74 more electoral
votes to reach 270, which is what is needed to win the presidential election.
Those opposed to the Electoral College argue that is archaic and undemocratic.
Some of these same voices are also targeting the Senate. “Perhaps
unsurprisingly, progressives now call into question not only the Electoral
College but also the principle of equal representation in the U.S. Senate,”
wrote Daniel McCarthy, editor of the journal Modern Age. Why should South Dakota
with one member of the House of Representatives have two senators and an equally
powerful voice as those senators from New York or California?
Americans need to understand the importance of federalism to our constitutional
republic. Federalism is as essential as separation of powers and checks and
balances. The Electoral College is the final “rock of Gibraltar” defense of
federalism.
“Federalism is in the bones of our nation and abolishing the Electoral College
would point toward doing away with the entire federal system,” argues Guelzo.
What is at stake in the debate over the Electoral College is not only how we
elect the president, but the future of the Constitution and whether we will
adhere to the principles of the American Founding.
John Hendrickson is policy director of Tax Education Foundation
of Iowa
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