Has anyone ever actually read Article 2 Section 1 and the 12th amendment to the Constitution of the United States and compared that is established there for the mode of electing the president with what we call the electoral college?
I seriously doubt it!!!
Given what we think we know about the Electoral College process, including over 100 YouTube videos which claim to explain the process, anyone reading Article 2 Section 1 and the 12th Amendment to the Constitution of the United States would start shaking their head immediately because there is absolutely no relationship between what is constitutionally established and what we call the Electoral College!
It’s hard to know even where to begin, because the most important part, the participation of the people in the selection process has been bastardized to the point that not one single person could tell you how the people participate, much less why. This is because we don’t even know how congress is supposed to be properly assembled, mush less why. So when they tell us that the role of the people is to choose from a ballot which basically only has a democratic ticket or a republican ticket, because any other party can’t win a State to get their electoral college votes, and I think there have only been 1 or 2 rare conditions where any person who represented a party other than one of the two major parties ever won a State’s electoral college votes. That in and of itself, other than a ballot that only has binary choice. That something was amiss about the Electoral College process, because there are very serious quorum and majority consensus requirements established in Article 2 Section 1 and the 12th Amendment that must be satisfied to elect anyone President in the United States.
So, let’s start with the participation of the people! The people participate through representation, because the Most Numerous Legislative Branch is an exact demographic representation of the People, “The People in their Collective Capacity”, and the electors are equal to each State’s representation in congress, we will get to the electors for the senators in a minute. This is a basic mathematical identity; if “A” is proportional to “B”, and “B” equals “C”, then “A” is proportional to “C”, therefore the electors for the whole number of representatives also is an exact representation of the population.
So, what is the whole number of representatives that the States may be entitled in the congress?
To answer that question we must refer to Article 1 Section 2 Clause 3 of the Constitution of the United States, because it is definitely not 435 and Washington DC doesn’t get any because they are not a State, and only the States are apportioned representation and suffrage in the congress. This calculation is straightforward, although I will admit that some level of comfort with worded problems is helpful, and a working knowledge of ratios, proportions, and percents is mandatory.
This clause of the Constitution of the United States starts with the apportionment of representation and direct taxes among the states based upon an enumeration to determine the proportion of the aggregate population which resides in each State, which is a percentage, not a number of seats, for that we must convert the percentage each State is entitled to a whole number of representatives, which is not necessary to determine the direct taxes which can always be a percentage as calculated by the enumeration. To convert a percentage into a whole number you must have a proportionality constant and boundary conditions to address any fractional numbers calculated when you divide the number of inhabitants by the proportionality constant.
The proportionality constant we are required to use is 1 representative for every 30,000 persons which reside within each State. The first boundary condition is not to exceed the proportionality constant which requires truncation of any fractional representatives because rounding up will exceed the proportionality constant. The second boundary condition is for the specific case that a State has a population less than the proportionality constant which will only calculate a fractional representative which will be truncated by the first boundary condition, and in that specific case that State is entitled to 1 representative.
This calculation is very important because it accounts for population growth and migration between the States so their representation in congress is always exactly calculated. The error in the calculation is the fractional representatives which are truncated, and the check of this calculation is that the percentage after the calculation of the whole number of representatives must equal the percentage calculated by the enumeration.
Note: The number of representatives only gives the States their proportional representation and suffrage in the House of Representatives, it does not give the representatives a vote, only the States have suffrage in congress making their 1 vote a proportional vote to reach a majority consensus of all the States, and a quorum to operate is also by State, when the Constitution was originally written there were 13 States, so a quorum to operate was 8 States, no matter the number of representatives in their delegation, including 1 since it was possible for a State to have only 1 representative, and the majority consensus for passage of a measure out of the House was by a proportional majority consensus. Today with 50 States it requires 26 States to form a quorum to operate, and only the votes of the 9 largest States for form a majority consensus for passage of a matter out of the House.
So, by this principle of Republican Government, the people always participate through representation as if they were present in person themselves to participate and vote to form a majority consensus of ALL THE PEOPLE, which is the same for the electors who are appointed to act for the people in identifying and ranking choices to form a list of qualified candidates from their respective States to be considered by the States in congress, due to that previously presented mathematical principle for the proportionality of the electors to ALL THE PEOPLE!
This is what’s necessary just to comply with the first requirement to apportion electors to each State, which must be done first before anything else, because this is a recipe, and just like any recipe if you don’t follow it in order, your results will be dissatisfactory. Given this requirement there should have been 10,347 electors for the 2020 presidential election, that’s 100 for the Senators, and 10,247 for the representatives, the whole number of representatives which does not exceed 1 representative for every 30,000 persons in each State, and that’s not 538 as they are apportioned for the Electoral College. And remember, each elector chooses 2 persons where at least 1 of which is not from the same State as the elector themselves, so potentially there could be as many as 20,694 unique names, but the requirement to choose at least 1 from another State identifies the most qualified and most suitable persons nation wide, which is the purpose of the role the electors have in the election process.
The next requirement from Article 2 Section 1 of the Constitution of the United States;
[The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate.]
As you can see for yourself, the purpose of the Electors is to produce a list of all persons voted for by the electors, and the number of votes for each; which list the electors shall sign and certify before they transmit the list sealed to the seat of government directed to the President of the Senate. Is there anything that we don’t understand about that requirement? I didn’t think so!
So the whole purpose of the electors is to identify and rank a number of candidates that they determine are the most qualified and most suitable for the office of President, and Vice President by the 12th amendment, as representatives of the people of their own State, and since all the electors are appointed at the same time in every State, and they all gather to give their votes on the same day, a day which must be the same in every State, there is absolutely no way one State could possibly know who the other States chose as their electors, or who their electors chose on their lists, and no one knows until the certified list, which clearly is stated that the electors themselves must sign and certify their lists, not congress, until the list are opened in Congress to be compiled into an aggregate ranked list of all the States lists.
The last part of the process is for the States to deliberate the top persons identified on the aggregate lists, top 3 on the aggregate list for President and top 2 on the aggregate list for Vice President and determine their choices by vote, 1 vote per State, and a majority of the States is necessary to the Choice.
So, where did they come up with this process that we call the Electoral College?
Well, I’m not going to sit here and try to delve into the twisted minds of power hungry partisan politicians, but there is absolutely no reason to continue the unconstitutional process that we call the Electoral College, other than our partisan oligarchies do not want to give up the power and control they have over the system to raise one of their own to the Presidency!