As discussed in Part I, the Founders wished to establish a form of government that would address the abuses inherent in various other forms of government. They chose a democratic republic which they believed would insure the continuing preservation of the new nation. The first great challenge in writing a Constitution for the democratic republic was to create a system of checks and balances between the three branches of government, between the large and small states, and between the national government and the states. In the legislative arena this was accomplished by establishing a bicameral legislature to insure that individual state voices and diverse regional interests would not be overwhelmed, ignored, or trampled upon by larger states and/or coalitions of states. The Founders believed that it was necessary to balance the will of the majority of the population (guarded by the House) with the will of the majority as determined by the states (guarded by the Senate).[1] The creation of a bicameral legislature was an overt action of the Founders to impose a Constitutional limitation on direct democracy. Without such a balancing of power it is doubtful that the Convention would have produced a document acceptable to the representatives of the former colonies. A second overt action of the Founders to impose a Constitutional limitation on democracy was establishment of the Electoral College. The remainder of this article will address this subject.

Why did the Founders establish the Electoral College?

The concern for a system of checks and balances in electing the head of the executive branch of government was also on the minds of the delegates to the Constitutional Convention. When debating the procedure for selecting the president, three methods were proposed and subsequently rejected.

1. Congress would select the President – This proposal was rejected for three reasons. First, it was felt that this method would engender rancorous partisanship that would inhibit future legislative efforts. Second, because Congress was such a small body, there was concern that foreign governments could more easily influence the outcome of an election through bribery and corruption. Lastly, the election of the head of the executive branch of government by the legislative branch would compromise the president’s independence from the legislative branch.
2. State legislatures would select the President – This proposal was rejected because of the fear that the federal republic would be undermined through erosion of federal authority by a president that was too indebted to the states.
3. The President would be elected by a popular national vote – This was rejected “not because the framers distrusted the people but rather because the larger populous states would have much greater influence than the smaller states and therefore the interests of those smaller states could be disregarded or trampled.” A further concern was that a national popular election would encourage regionalism through creation of coalitions among the more populous states which would damage lasting national unity.[2]

To solve the dilemma, the Convention delegates appointed a “Committee of Eleven” to study the problem and propose a viable alternative which resulted in establishment of the Electoral College.[3] Again, this action was the Founders’ second explicit action to impose a Constitutional limitation on direct democracy.

James Madison, a signor of the Constitution and often referred to as its father, wrote:

The Constitution is nicely balanced with the federative and popular principles; the Senate are guardians of the former, and the House of Representatives of the latter; and any attempts to destroy this balance, under whatever specious names or pretenses that may be presented, should be watched with a jealous eye.[4] [emphasis added]

In the election of a president under the Electoral College system, the smaller states receive a slightly greater voice, proportionally speaking, than the larger states. In other words, the Electoral College system tends to slightly over-represent voters in the smaller states, but at the same time adds a measure of protection to those states without the clout to defend their interests from those of much larger states.

How the Electoral College Works

The Electoral College is a process whereby once each four years Americans voting in the Presidential election cast ballots to select which persons that will serve as electors to select the President of the United States. In each state, a candidate for the Presidency has his or her own set of electors that appear on the ballot. These electors are generally chosen by the candidate’s political party within that state. Even though a candidate’s name appears above the list of his or her electors on the election ballot, the voter is actually voting for those electors. The candidate whose electors receive the most votes in a state receive all of that state’s electoral votes except for Nebraska and Maine which award an electoral vote to the winner of the popular vote in each Congressional district within those states.[5]

The number of electoral votes each state has is determined by the number of senators and members of the House Representatives in that state. For example, Oklahoma has seven electors because it has two senators and five representatives. There are 435 members of the House of Representatives and 100 Senators which total 535 electors. The 23rd Amendment to the Constitution gave three electoral votes to the District of Columbia, an amount equal to the least number of electors a state may have. Thus, there are 538 electors. To become the President, a candidate must receive an absolute majority of the electoral votes which is 270.[6] If there is a tie of 269 votes for each candidate, the House of Representatives selects the President from among the top three candidates.[7]

Subsequent to the casting of votes by each state’s electors in December following the election, the governor of each state submits a Certificate of Ascertainment which declares the winning presidential candidate based on the electors’ votes. That Certificate along with each elector’s Certificate of Vote is forwarded to Congress and the National Archives. Each state’s electoral votes are counted in a joint session of Congress on the 6th of January.[8] The newly elected president is sworn in and takes office on January 20.

2016 Presidential Election and the Electoral College

Columnist E. J. Dionne, a member of the Washington Post Writers Group, believes the majority of Americans will be disempowered in 2017 because Hilary Clinton won the popular vote by approximate 2.6 million. However, Donald Trump won the Electoral College vote by a relatively wide margin of 306 to 232 and became the President-Elect. Dionne writes:

The inherent illogic of our practices, and the fact that they have nothing to do with the Founders’ intentions, is underscored by this contradiction: We are supposed to ignore the national popular vote, but deeply respect Trump’s narrow 77,000 popular-vote advantage in three states that will tip the Electoral College his way.[9]

But Dionne is wrong on all three counts. The practices of the Electoral College are very logical when considering that the Founder’s reasons behind it are based on the principles of a republican form of government. Those practices have everything to do with the Founders’ intentions for they specifically rejected the election of the president by popular vote. And we must respect the outworking of the Electoral College, even when it contradicts the popular vote because it balances the federative and popular principles of a republican form of government about which Madison spoke.

Dionne calls the workings of the Electoral College an “outdated system” which will allow the current government to pursue “quite radical policies destined to arouse considerable resistance from the disempowered majority.”[10] But disempowerment has been the protocol of liberals for decades through wrongful interpretation of the Constitution in ways contrary to its plain language and intent of the Founders, through decisions of unelected judges that effectively legislate through their decrees, and a federal bureaucracy that misinterprets and corrupts the laws passed by Congress and thereby undermines the will of the people while pursuing the liberal agenda. Two major examples of this judicial and bureaucratic over-reach are the so-called public “bathroom policies” pushed by the LGBT lobby and the pro-abortion policies of the left which the majority of Americans oppose.

So are both the supposed unfairness of the Electoral College and the wrongdoings of the unelected judiciary and bureaucracy morally equivalent? Absolutely not! The Electoral College is working as the Founders intended. Without the restraining force of the Electoral College, the heavily populated liberal strongholds clinging to the east and west coasts would steamroll the interests of the citizens of a vast majority of states which eventually will become little more than administrative districts used by the federal government to impose the will of the concentrated majority on a powerless minority located in what many consider to be merely “fly over” country. The potential power of these concentrated and growing majorities without the restraining influence of the Electoral College becomes alarmingly clear when examining the following statistics.

• In 2015, nine states accounted for over half the population of the United States (meaning that the remaining forty-one states accounted for the other half).[11] Six of these nine states border the Gulf of Mexico, the Atlantic Ocean, or the Pacific Ocean. The remaining three border the Great Lakes.
• California is the most populous state with slightly over 39,000,000 residents. It requires the populations of twenty-two states having the lowest populations plus the District of Columbia to equal or slightly exceed the population of California.[12]
• The eleven most populous states have 270 electoral votes, enough to elect the president without the need for even one vote from the remaining thirty-nine states and the District of Columbia.[13]
• In the 2016 presidential election, 2,622 counties with mostly smaller populations voted for the Republican nominee while 490 counties with mostly larger populations voted for the Democratic nominee.[14] This large-versus-small county voting split is apparent even in those Democratic states with large population counties that vote Democratic and counties with relatively small populations that vote Republican.

Dionne’s principal argument against the Electoral College process is that it is unfair and inherently antidemocratic because some votes do not have the same proportional impact as other votes which violates the so-called “one-man-one vote” proposition. They contend that one man ought to have one vote proportional to all other votes. But proportional equality in the vote of each citizen was not the intent of the Founders for reasons which we have previously discussed, i.e., balancing both federative and popular principles as opposed to a direct democracy in electing the president which was specifically rejected by the Founders.

Should the nation abandon the Electoral College process for electing the president in favor of a popular vote, several undesirable consequences will occur. Campaigns would tend to ignore individual voters and the important interests of their state and region. Rather, the candidates would conduct an almost continual media campaign aimed at voters in the most populous regions of the country (e.g., the nine states comprising over half the population of the United States). Candidates would heavily invest in electronic media advertising and have little interest in mobilizing constituencies, addressing the interests of specific groups, or voter registration and education. Since the population centers are largely urban which tend to be more liberal, presidential campaigns would focus on and become substantially beholden to liberal interests and brush aside the beliefs and interests of the remainder of the country. Rather than being an illogical, outdated practice as claimed by Dionne, the Electoral College in light of the growing power of the more populous states is more than ever a critical component in preserving the republican form of government and balancing federative and popular principles by which it operates.

Kathleen Parker is also a member of the Washington Post Writers Group. Unlike Dionne who wishes to scrap the Electoral College altogether, Parker wanted to use the Electoral College to deprive Donald Trump of the presidency. In a recent editorial column, Parker encouraged Republican electors to ignore the rules and wishes of the voters in their respective states and not cast their 306 Electoral vote for Donald Trump. Parker hoped that a defection of 37 electors will reduce Trump’s electoral votes to 269, deprive him of the presidency, and send someone else to the Oval Office.[15] Parker wrote:

If there are 37 Republicans among them with the courage to perform their moral duty and protect the nation from a talented but dangerous president-elect, a new history of heroism will have to be written. Please be brave.[16]

In an attempt to support her case, Parker quoted Alexander Hamilton who wrote that the Electoral College

“…affords a moral certainty that the office of President will never fall to the lot of any man who is not in an eminent degree endowed with the requisite qualifications.” Electors would prevent the “tumult and disorder” that would result from the candidate’s exploiting “talents for low intrigue, and the little arts of popularity.”[17]

It’s interesting to note that Parker’s own low intrigue readily ignores over sixty-one million voters who judged Donald Trump as having been endowed with the requisite qualifications for the presidency (at least when compared with Clinton) in favor of a few “brave” Electoral voters who must “perform their moral duty and protect the nation from a talented but dangerous president elect.”

We should not be surprised at Ms. Parker’s audacity for this is the typical mindset of our liberal betters. In their minds they think they know what’s good for the country far better than the voters, and if they could just get rid of that pesky Electoral College thing they would really show the electorate what’s best for them.

Larry G. Johnson

Sources:

[1] David Barton, “Electoral College: Preserve or Abolish?” Wallbuilder.com. January 2001,
http://www.wallbuilders.com/LIBissuesArticles.asp?id=95 (accessed December 12, 2016).
[2] Ibid.
[3] Ibid.
[4] Ibid.
[5] “What is the Electoral College?” U.S. Electoral College, National Archives and Records Administration, https://www.archives.gov/federal-register/electoral-college/about.html (accessed December 12, 2016).
[6] Ibid.
[7] David Barton, “Electoral College: Preserve or Abolish?” Wallbuilder.com, January 2001.
[8] “What is the Electoral College?” U.S. Electoral College, National Archives and Records Administration.
[9] E. J. Dionne, “The disempowered majority of 2017,” Tulsa World, December 9, 2016, A-10,
[10] Ibid.
[11] State Population by Rank, 2015, Infoplease.com. http://www.infoplease.com/us/states/population-by-rank.html (accessed December 13, 2016).
[12] Ibid.
[13] “What is the Electoral College?” U.S. Electoral College, National Archives and Records Administration.
[14] Zeke J. Miller and Chris Wilson, “See a Map That Shows Exactly How Donald Trump Won,” Time, December 1, 2016. http://time.com/4587866/donald-trump-election-map/ (accessed December 13, 2016).
[15] Kathleen Parker, “Or will the electors revolt?” Tulsa World, December 10, 2016. A-15
[16] Ibid.
[17] Ibid.

Republicanism refers to the principles or theory of the republican form of government. It can also mean the principles, practices, or policies of the Republican Party of the United States, but that is not the meaning which will be discussed herein.

When American colonists won independence from the British, the Founding leaders deliberately set about to establish a form of government that would address the deficiencies found in other forms of government and to curb the excesses thereof. After considerable thought, debate, and deliberation, they chose to become a democratic republic. “Republic” refers to public concerns, that is, the general welfare of the public expressed in political terms. A democratic republic is not a totalitarian democracy controlled by one or a few or a direct democracy which is absolutely controlled by the populace.[1] Because the Founders had experienced the excesses of a capricious and excessive use of power by their former rulers, they were particularly interested in a form of government that would limit the use of power by its various components. This limitation was accomplished by a relatively complex system of checks and balances on each component of government at the federal level (Legislative, Executive, and Judiciary) and balancing the needs of a national government with the rights of its member states in their areas of self-governance.

The America form of government was to be a constitutional democracy based on laws as opposed to an absolute democracy based on the direct will of the people. The intricacies and workings of the Americans’ republican form of government are spelled out in the Constitution and Amendments thereto. Russell Kirk in his brilliant description of the American Republic wrote that the Constitution guiding the American political state is but an expression of the “…laws, customs, habits, and popular beliefs that existed before the Constitutional Convention met at Philadelphia.” These laws, customs, habits, and beliefs were derived from and molded by their political experience under colonial rule, the legacy of English law, efforts at governance under the Articles of Confederation, and perhaps most important the general consensus regarding certain moral and social concerns.[2] These moral and social concerns were substantially formed by a Judeo-Christian view of the world and how it worked.

In every age and people group men desire two things: freedom and order. These are inherently conflicting needs which are found within the operation of governments as well as in the personal affairs of men. The task of the delegates to the Constitutional Convention was to create a government which would harness these conflicting needs.

The Convention delegates had a great aversion to direct democracies which they saw as resting on the shifting sands of feelings and passions of the moment. Instead they chose the firm foundation of a democratic republic built upon laws created by elected representatives.

With unambiguous language, the Convention delegates and other Founders expressed their deep distrust of direct democracy. The following examples were assembled by David Barton in “Republic v. Democracy.”[3]

[D]emocracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have, in general, been as short in their lives as they have been violent in their deaths. [James Madison]

Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide. [John Adams]

A democracy is a volcano which conceals the fiery materials of its own destruction. These will produce an eruption and carry desolation in their way…The known propensity of a democracy is to licentiousness (excessive license) which the ambitious call, and ignorant believe to be liberty. [Fisher Ames, Author of the House Language for the First Amendment]

We have seen the tumult of democracy terminate . . . as [it has] everywhere terminated, in despotism…Democracy! savage and wild. Thou who wouldst bring down the virtuous and wise to thy level of folly and guilt. [Gouverneur Morris, Signer and Penman of the Constitution]

[T]he experience of all former ages had shown that of all human governments, democracy was the most unstable, fluctuating and short-lived. [John Quincy Adams]

A simple democracy…is one of the greatest of evils. [Benjamin Rush, Signer of the Declaration]

In democracy…there are commonly tumults and disorders…Therefore a pure democracy is generally a very bad government. It is often the most tyrannical government on earth. [Noah Webster]

Pure democracy cannot subsist long nor be carried far into the departments of state; it is very subject to caprice and the madness of popular rage. [John Witherspoon, Signer of the Declaration]

It may generally be remarked that the more a government resembles a pure democracy the more they abound with disorder and confusion. [Zephaniah Swift, Author of America’s First Legal Text]

Unfortunately, many Americans today seem to be unable to distinguish the significant differences between a republic and a democracy. The principal difference is found in the source of authority to which each defers. A pure democracy operates by a majority vote and reflects the immediate will of the majority whereas a republic operates under the rule of law. The first reflects the majority of popular feelings of the moment (sometimes called a “mobocracy” by the Founders) and the second rests on the laws discussed and passed after thoughtful deliberation by the elected representatives of the people. In a republic, a constitution protects certain inalienable rights that cannot be taken away by the government even it was elected by a majority of voters. In a direct or pure or direct democracy, the majority is not restrained and can force its will on the minority.

However, it would be wrong to suppose that all laws passed by a republican form of government are just. There is one additional requirement necessary to create an enduring republic attentive to the general welfare of the people. The laws passed by a republic’s elected representatives are only as good as the sources upon which they based the laws. Here we transcend into the realm of truth, and it is the conflict about what constitutes truth that we find the root cause of the culture wars in modern America. The importance of this issue is of the first magnitude for laws based on untruths and false views of the world and the nature of man will eventually cause any system of government to fail including both republics and democracies.

John Adams was just one of many Founders and first generation of Americans who identified the singular source of truth for the principles of civil government.

The highest glory of the American Revolution was this; it connected in one indissoluble bond the principles of civil government with the principles of Christianity…From the day of the Declaration…they (the American people), were bound by the laws of God, which they all, and by the laws of their Gospel, which they nearly all, acknowledge as the rules of conduct.[4] [emphasis added]

Likewise, Noah Webster unequivocally identified the source of truth for the republican principles upon which the nation was founded.

The brief exposition of the constitution of the United States will unfold to young persons the principles of republican government; and it is the sincere desire of the writer that our citizens should early understand that the genuine source of correct republican principles is the Bible, particularly the New Testament, or the Christian religion.[5] [emphasis added]

However, the acid of Enlightenment egalitarianism promoted by a liberal, progressive, relativistic, materialist society is ever eating away Adams’ indissoluble bond between the principles of civil government and the principles of Christianity.

One such acid promoted by the liberals is the notion that the Constitution is a “living document.” Beginning in the early twentieth century, liberals contended that the Constitution must be modified or bent to address the modern age and problems never foreseen by the Founders. If, as liberals believe, the Constitution is a living document, then its meaning and intent is pliable which allows it to become an instrument for enlightened social change to meet the needs of the hour.

A second liberal acid that threatens republican principles is decades of significant judicial activism by liberal judges usurping the role of the legislature by making law as opposed to a thoughtful judicial interpretation of the law in light of the plain language of the Constitution. Such judicial law making tosses aside republican principles of creating law by elected representatives in favor of laws made by unelected and unaccountable judges to further the goals of an elite cadre of social engineers who “know best” what’s good for America.

A third acid that undermines republican principles is an abusive and adversarial bureaucracy largely insulated and unaccountable to the legislative bodies. Regulatory oversight is a necessary and proper function of government. However, under the expansive interpretation of the Constitution’s general welfare clause beginning in 1936, much of regulatory oversight has become an autocratic function of a nanny-state bureaucracy intruding into the lives of a free people capable of making rational decisions without government interference.[6]

In summary, republican principles of government as implanted in the Constitution by the Founders have been muted, ignored, or misinterpreted by liberal maneuverings and intrigues. We have become a nation guided by feelings relative only to the moment. Therefore, human nature, through its passions, appetites, and desires of the moment, is released from the prescriptions of history, custom, convention, and tradition. This was not the intent of the Founders. Their true intent mirrored the beliefs of Thomas Jefferson who Sherwood Eddy described as being one who “… stood for a strict interpretation of the conservative Constitution to prevent ever-threatened encroachments upon the rights of the people, the legislature, and the states.”[7] In other words, Jefferson was an “originalist” and would have only contempt for the concept of a “living Constitution.”

Because of the unrelenting assault on the biblical worldview for three generations and a lack of truthful teaching in our schools about America’s founding republican principles, America is seeing a shift by a growing segment of its citizens to a humanistic worldview devoid of belief in a transcendent God, objective truth, and the fallen nature of man. The consequences of such a shift in the America cultural vision were foreseen by our Founding fathers.

The only foundation for…a republic is to be laid in religion. Without this there can be no virtue, and without virtue there can be no liberty, and liberty is the object and life of all republican governments.[8] [Benjamin Rush – Signor of the Declaration of Independence, attendee at the Continental Congress, physician and first Surgeon General]

Without morals, a republic cannot subsist any length of time; they therefore who are decrying the Christian religion…are undermining the solid foundation of morals, the best security for the duration of free governments.[9] [Charles Carroll – Signor of the Declaration of Independence, lawyer, member of the Continental Congress and first U.S. Senate]

We have no government armed in power capable of contending in human passions unbridled by morality and religion…Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.[10] [John Adams – One of the drafters and a signor of the Declaration of Independence, 2nd President of the United States]

In summary, the Constitution won’t save America if its citizens abandon republican principles of government which must be inseparably entwined with virtue, morality, and Christian principles. Such abandonment leaves the Constitution powerless to guide the nation as it enters the turbulent waters of the humanistic moral relativism of Enlightenment egalitarianism. And the ultimate consequence of this abandonment is a loss of liberty.

Larry G. Johnson

Sources:

[1] Russell Kirk, The Roots of American Order, (Washington, D.C.: Regnery Gateway, 1991), p. 415.
[2] Ibid., p. 416.
[3] David Barton, “Republic v. Democracy,” Wallbuilders.com. January 2001.
http://www.wallbuilders.com/LIBissuesArticles.asp?id=111 (accessed December 13, 2016).
[4] William J. Federer, America’s God and Country, (Coppell, Texas: FAME Publishing, Inc., 1996, 1994), p. 18.
[5] Ibid., p. 678.
[6] Larry G. Johnson, “The fragility of free speech in America,” culturewarrior.net, March 21, 2014. https://www.culturewarrior.net/2014/03/21/the-fragility-of-free-speech-in-america/
[7] Sherwood Eddy, The Kingdom of God and the American Dream, (New York: Harper & Brothers Publishers, 1941), p. 124
[8] Benjamin Rush, Essays, Literary, Moral & Philosophical, (Philadelphia: Thomas and Samuel F. Bradford, 1798), 93. Online source: http://fromthisconservativesviewpoint.blogspot.Com /2013/01/the-only-foundation-for-republic.html (accessed May 9, 2013).
[9] “Letter of Charles Carroll to James McHenry,” dated November 4, 1800. Bernard C. Steiner, The Life and Correspondence of James McHenry, (Cleveland: The Burrows Brothers, 1907, 475.
Online source: Quoted by Dave Miller, Ph.D., Apologetics Press. http://www.apologeticspress.org/apcontent.aspx?category=7&article=1508 (accessed May 9, 2013).
[10] Federer, America’s God and Country, pp. 10-11.