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The Colossal Misunderstanding of the Function of the Electoral College in the US Constitution

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[yt_dropcap type=”square” font=”” size=”14″ color=”#000″ background=”#fff” ] T [/yt_dropcap]here exists abroad, and even here at home, a notion, a sort of assumed conventional wisdom, that the proper function of the Electoral College is that of rubber stamping the results of a popular vote computed state by state.

Winner, or the candidate that totals the most electoral colleges, takes all and gets automatically elevated to the presidency, despite the fact that he/she might have received a couple of millions less votes in the popular vote. This is an erroneous notion which dishonors the intentions of the founding fathers and the framers of our Constitution.

I suggest to all those who hold such a view, to reject it. It is erroneous. The view is compelled by nothing in the US Constitution and represents a misunderstanding, in part propagated by a misinformed media, the so called pundits, who persist in spreading confusion on the elucidation of our democratic traditions. As the most important framers of US federalism in the Constitution, Alexander Hamilton, states: “the sense of the people should operate in the choice of the president.” It couldn’t be more clear. The will of the people should not be cavalierly infringed upon.

So, why the creation of an Electoral College? Given that this was a rather novel idea at the time, i.e., the idea of a representative democracy in the hands of the people (still imperfect to be sure, given that women, Blacks and white men with no property had no right to vote yet), the framers devised a safety valve, or a circuit breaker if you will, on the people’s choice. Some have imputed this to elitism pure and simple, to mistrust of the judgment of the people but that is equivalent to impugning the framers’ intentions. The Constitution begins with the very words “We the People.” Let’s focus, rather, on what the Constitution itself says in the matter.

In the American criminal justice system a judge has the right to review a jury verdict where the people have voted and reached a consensus to make sure that it’s all done according to the stipulations of the law. Similarly, the electoral college confirms, or abstains from confirming, the people’s choice. There is a choice to be made on its part, not an automatic rubber stamping. It is rare, but a judge can obviate the judgment of a jury if clearly the law and common sense has not been followed.

The Constitution says nothing about “winner take all.” An election is not a Las Vegas gambling casino. To quote Hamilton again: “electors are to apply a judicious combination of all the reasons and inducements which are proper to govern their choice.” Nowhere does it speak of automatic verdict or constraint; it speaks of free choice. Their wisdom on whether or not to overrule the people’s choice, was to remain free of political control and guided by democratic values. That is to say, they are not rubber stampers, or cogs in a machine, but free citizens exercising a judgment.

And what is that judgment to be exercised upon? Well, in the rare case that a proven child molester or a mentally deranged, or a renegade, gets elected by the people; or if there is evidence of massive fraud in a close election. But, before proceeding with what amounts to a veto of the people’s choice the evidence needs to be compelling and the judgment reflective.

Let’s now briefly look at the historical record. Only four times in US history has the electoral college selected a president against the will of the people —three times in the 19thcentury and once at the end of the 20th. In 1824, it was Congress that decided the election for John Quincy Adams; likewise in 1876, it was Congress that gave disputed electoral college votes to Rutherford B. Hayes. In 1888, Benjamin Harrison lost the popular vote to Grover Cleveland but won in the electoral college, only because Boss Tweed’s Tammany Hall turned New York away from the reformer Cleveland (by fewer than 15,000 votes). In 2000, George W. Bush lost the popular vote by a tiny fraction — half a percent — and beat Al Gore in the electoral college by an equally small margin — less than 1 percent.

In those four cases the result violated what has become one of the most important principles governing our democracy— one person, one vote. Some argue that this violates the fundamental value of representative democracy but nothing in the Constitution compels this result, and besides, the Constitution can legally be amended.

Back to our initial inquiry: what is the precise purpose of the electoral college? It is certainly not to deny a reasonable judgment by all the people by an elitist minority, at least not overtly so; but it is to function as a sort of circuit breaker just in case the people go crazy and elect an Adolf Hitler (as in fact happened in Germany in 1932, albeit not directly). So, should we decide to amend the Constitution and eliminate the electoral college we also be eliminating the function of circuit breaker.

Did the people go crazy in 2016? Not really, two million more of them voted for what they considered a qualified president, although her opponents may have considered her corrupt and devious. But, vice-versa, the candidate on the other side was no saint either offering the people a clear-cut alternative. Thus, the majority of the people rendered a reasonable judgment by a margin of two million votes.

So the electors, before casting their ballots, must now weigh the question of whether or not there is a good enough reason to veto the people’s choice before ignoring the fundamental principle of one person one vote and the equality of our citizenship. Thus the electors should respect the will of the majority of the people and ratify it on December 19. On that day the question before the electors’ conscience will be this: which precedent should govern; that of Tammany Hall and Bush v. Gore, or one person one vote, as has been the case most of the times elections have taken place? They are free to choose of course, as the Constitution provides. If they decide to leave the election as the people decided, then they will vote in Clinton’s favor. We will soon know if reason or Machiavellian politics-as-usual will prevail.

Professor Paparella has earned a Ph.D. in Italian Humanism, with a dissertation on the philosopher of history Giambattista Vico, from Yale University. He is a scholar interested in current relevant philosophical, political and cultural issues; the author of numerous essays and books on the EU cultural identity among which A New Europe in search of its Soul, and Europa: An Idea and a Journey. Presently he teaches philosophy and humanities at Barry University, Miami, Florida. He is a prolific writer and has written hundreds of essays for both traditional academic and on-line magazines among which Metanexus and Ovi. One of his current works in progress is a book dealing with the issue of cultural identity within the phenomenon of “the neo-immigrant” exhibited by an international global economy strong on positivism and utilitarianism and weak on humanism and ideals.

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Americas

Israel, the Middle East and Joe Biden

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Photo by Adam Schultz

How will a Biden Administration change American policies on Iran, the Palestinians and Israel’s tightening relationships with Arab states?

Some two years ago, Democrats harshly attacked Trump for withdrawing US troops from Syria and thereby undermining the alliance with the Kurds. However, Democratic leaders also favor a reduced US presence in the Middle East and understand the region’s declining relevance to US global policy.  It was Democrat Obama who withdrew US troops from the Iraqi bloodbath; Biden, if elected, will presumably continue a similar course. The US is no longer dependent on Middle Eastern oil, China is perceived as its greatest threat, and the defeat of ISIS has lowered the strategic terror threat level to US national security.

Biden, just like Trump and Obama, probably believes that the US can downscale its presence in the region and rely on its allies (the Gulf states, Egypt, Jordan and Israel, of course) and on the alliances being forged between its partners over the past two decades. The US could increase aid to a specific ally at a time of need (as was the case with the massive 2014 influx of Syrian refugees into Jordan) or Iraq (during the fighting with ISIS), but it is loath to continue meddling in local conflicts. What is more, the painful lesson of the intervention in Iraq has dissolved the Bush Administration’s messianic belief in the democratization of the Middle East. Concern about Russia or China filling the vacuum left by the US is also no longer deterring US leaders (like Obama and Trump) who are trying to score points with voters by troops drawdowns and free the administration up to deal with different matters, among them the “Pivot to Asia”.

As a Democrat, Biden is expected to be more sensitive than Trump to human rights violations in the Middle East. He condemned the conduct of the Saudi regime following the murder of exiled journalist Jamal Khashoggi in fairly harsh language several times and also called for curbing weapons sales to Riyadh.

However, if elected, Biden’s first order of business will be dealing with the biggest health and economic crisis the US has experienced since 1929. He will have to create jobs and deal with thousands of burning domestic matters. Those will be his flagship issues. He may have to set aside his moral repugnance and allow weapons exports to prevent job and profit losses for Americans. Trump, too, was harshly critical of Saudi Arabia prior to his election, but subsequently changed his tune and conducted his first overseas trip there as president.

One can cautiously assess that any change in US policy toward the Gulf would not undermine Israel’s rapprochement with those states. The strategic regional threats (expansion of Iran’s hegemony and its violations of the nuclear agreement, as well as Turkish activity in the region) will remain unchanged, and therefore the interest in economic and security cooperation between Israel and Gulf states will remain. Arab states that traditionally view Israel as a bridge to the White House could try to exploit this now official relationship to promote their standing with Congress and a new administration, if one is installed.

Biden’s position on the Iran nuclear deal (JCPOA) is of concern these days to both Israeli and Arab leaders, which could further cement their ties. Arab leaders are concerned about Biden rejoining and reviving the deal that Trump abandoned. They are relying on Biden’s criticism of the unilateral US pullout from the agreement and his declaration that he would make every effort to rejoin it. Nonetheless, Biden’s people seem to understand that they cannot simply turn back the clock. Blinken, one of Biden’s closest aides and potential future national security adviser, has said in interviews that the US would not return to the agreement until Iran fulfills all its commitments – meaning, until Iran walks back all its violations of the agreement. It is hard to predict just how Biden might draw Iran to the negotiating table, but as long as such an option is viable, Israel, Saudi Arabia, the UAE and other Gulf states will have sufficient grounds to close ranks.

Biden is a sworn supporter of the two-state solution to the Israeli-Palestinian conflict. He is expected to re-open the US Consulate in East Jerusalem, restore US aid to the Palestinians and invite the PLO ambassador back to Washington. However, this does not mean that he will place the Palestinian issue on his list of priorities, especially given the domestic crisis and ongoing tensions with China. The Palestinian issue is unlikely to return to center stage following a change in the US administration. The Arab world is growing increasingly weak as the coronavirus continues to spread, the economic crisis deepens and unemployment rises. Arab states also fear that the major non-Arab states in the region – Turkey and Iran – will exploit this weakness. Should that happen, the Palestinian issue is unlikely to attract much interest from key Arab states, Saudi Arabia, the UAE and Egypt, which also dictate the conduct of the Arab League.

That said, should Biden decide to revive the Arab Peace Initiative and mobilize Saudi and other Arab support (perhaps in return for a more determined US stand on Iran, the supply of US strategic weapons, etc.), pressure on Israel over the Palestinian issue could re-emerge. If Israel chooses to respond with accelerated construction in the settlements, in defiance of US policy, states such as Saudi Arabia and the UAE would likely toe the line of the US administration but would not cut ties with Israel as a result.

In conclusion, a Biden victory would not affect the strengthening relationship between Israel and Arab states, especially if he opts to focus on the Iranian issue and a US return to the JCPOA. The Middle East’s relevance to the US is expected to continue its decline, prompting cooperation among its partners in the region in order to forge a robust front and repel threats from the non-Arab states (Iran and Turkey). A changed US approach to the Palestinian issue could increase pressure on Israel slightly, but is not expected to substantially change the current dynamics.

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Prospects for U.S.-China Relations in the Biden Era

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The U.S. presidential election which will be held on November 3 is drawing ever closer. As the Trump administration performs poorly in response to the COVID-19 pandemic, where the death toll in the U.S. exceeded 210,000, the election trend appears to be very unfavorable for Donald Trump.

According to a recent poll conducted by NBC News and the Wall Street Journal, Joe Biden led Trump by 14 percentage points in the national elections. It is worth noting that retired American generals, who have traditionally been extremely low-key in politics, publicly supported Biden this year, something that is quite rare. On September 24, 489 retired generals and admirals, former national security officials and diplomats signed a joint letter in support of Biden. Among them are Republicans, Democrats, and non-partisans, showing that they have crossed the affiliation, and jointly support Biden to replace Trump. Although the opinion polls do not represent the final election, with the election only being one month away, the widening of the opinion gap is enough to predict the direction of the election.

For the whole world, especially for China, it is necessary to prepare for the advent of a possible Biden era of the United States. During Trump’s tenure, U.S.-China relations have taken a turn for the worse, and China has been listed as the foremost “long-term strategic competitor” of the United States.

There is a general view in China that after the Democratic Party comes to power, U.S.-China relations may worsen. The reason is that the Democratic Party places more emphasis on values such as human rights and ideology and is accustomed to using values such as human rights, democracy, and freedom in foreign policies against China. However, as far as U.S.-China relations are concerned, it is too vague to use the simple dichotomic “good” or “bad” to summarize the relationship of the two countries.

However, it is certain that after Biden takes office, his policies will be different from Trump’s. An important difference between Biden and Trump is that Biden will follow a certain order and geopolitical discipline to implement his own policies, and he will also seek cooperation with China in certain bottom-line principled arrangements. It should be stressed that it is crucial for China and the United States to reach some principled arrangements in their relations.

From an economic point of view, should Biden become the next President, the United States will likely ease its trade policy, which will alleviate China’s trade pressure. It can be expected that the Biden administration may quell the U.S.-China tariff war and adjust punitive tariff policies that lead to “lose-lose” policies. If Biden takes office, he might be more concerned about politics and U.S.-China balance. In terms of trade, although he would continue to stick to the general direction of the past, this would not be the main direction of his governance. Therefore, the U.S.-China trade war could see certain respite and may even stop. In that scenario, China as the largest trading partner of the United States, could hope for the pressures in the trade with the U.S. being reduced.

China must also realize that even if Biden takes power, some key areas of U.S.-China relations will not change, such as the strategic positioning of China as the “long-term strategic competitor” of the United States. This is not something that is decided by the U.S. President but by the strategic judgment of the U.S. decision-making class on the direction of its relations with China. This strategic positioning destined that the future U.S.-China relations will be based on the pattern dominated by geopolitical confrontation. Biden sees that by expanding global influence, promoting its political model, and investing in future technologies, China is engaging a long-term competition with the U.S, and that is the challenge that the United States faces.

On the whole, if and when Biden takes office, the U.S. government’s domestic and diplomatic practices will be different from those of the Trump administration, although the strategic positioning of China will not change, and neither will it change the U.S.’ general direction of long-term suppression of China’s rise. However, in terms of specific practices, the Biden administration will have its own approaches, and will seek a certain order and geopolitical discipline to implement its policies. He may also seek to reach some bottom-line principled arrangements with China. Under the basic framework, the future U.S.-China relations will undergo changes in many aspects. Instead of the crude “an eye for an eye” rivalry, we will see the return to the traditional systemic competition based on values, alliance interests, and rules. Facing the inevitable changes in U.S.-China relations, the world needs to adapt to the new situation.

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Third world needs ideological shift

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As nations across the world have been pooling their efforts to contain the COVID-19 spread, the looming economic crisis has caught the attention of global intelligentsia. In the light of health emergency, The policy makers of Asia, Africa and Latin America have been struggling to steer the economic vehicle back to normalcy. Although, the reason for the economic slump could be attributed to the pandemic, it is also important to cast light on the economics of these tricontinental nations. Been as colonies for more than two centuries, these players had adopted the style of economics which is a mix of market economics and socialism. The imperial powers of the then Europe had colonised these nations and had subjugated them with their military and political maneuvers. Under the banner of White man’s burden, the Imperial masters had subverted the political, economical, social and cultural spheres of the colonies and had transformed these self-reliant societies into the ones which depend on Europe for finished products. The onslaught on the economical systems of colonies was done through one way trade. Though, the western powers brought the modern values to the third world during colonial era, they were twisted to their advantage. The European industrial machines were depended on the blood, sweat and tears of the people of colonies. It is clear that the reason for the backwardness of these players is the force behind the imperial powers which had eventually pushed them towards these regions in search of raw materials and markets i.e., Capitalism. Needless to say, the competition for resources and disaccord over the distribution of wealth of colonies led to twin world wars. Capitalism, as an economic idea, cannot survive in an environment of a limited market and resources. It needs borderless access, restless labour and timeless profit. While the European imperial powers had expanded their influence over Asia and Africa, the US had exerted its influence over Latin America. Earlier, at the dawn of modern-day Europe, The capitalist liberal order had challenged the old feudal system and the authority of church. Subsequently, the sovereign power was shifted to monarchial king. With the rise of ideas like democracy and liberty, complemented by the rapid takeoff of industrialization, the conditions were set for the creation of new class i.e., capitalist class. On the one hand, Liberalism, a polical facet of capitalism, restricts the role of state(political) in economical matters but on the other hand it provides enough room for the elite class and those who have access to power corridors to persuade the authority(state) to design the policies to their advantage. Inequality is an inescapable feature of liberal economics.

The powerful nations cannot colonise these nations as once done. The Watchwords like interconnectedness, interdependency and free trade are being used to continue their domination on these players. As soon as the third world nations were freed from the shackles of colonialism, they were forced to integrate their economies into the global economical chain. Characterized by the imbalance, the globalization has been used as a weapon by the Western powers to conquer the markets of developing nations.

The Carrot and stick policy of the US is an integral part of its strategy to dominate global economical domain. The sorry state of affairs in the Middle East and Latin America could be attributed to the US lust for resources. In the name of democracy, the US has been meddling in the internal affairs of nations across the developing world. Countries like Iran, Cuba, Venezuela, Libya, Iraq and Syria have challenged the US,a global policeman. Back in the day,soon after assuming the power, the Left leadership in Latin American countries had adopted socialist schemes and had nationalised the wealth creating assets, which were previously in the hands of the US capitalists. Irked by the actions of these nations, the US had devised a series of stratagems to destabilize the regimes and to install its puppets through the imposition of cruel sanctions and by dubbing them as terrorist nations on the pretext of exporting violent communist revolution. With the exception of the regimes of Fidel castro in Cuba and Hugo Chavez in Venezuela, the US is largely successful in its agenda of destabilizing anti-American governments in the region. The US has a long history of mobilising anti-left forces in Latin America, the region which US sees as its backyard, in an attempt to oust socialist leaders. At present, by hook or by crook, the trump administration has been trying to depose Nicolas Maduro, the president of Venezuela, a socialist.

In addition,The US has been colonising the minds of the third world citizens psychologically with its cultural hegemony and anti-left indoctrination. It is important to understand that the reason for the neo-fascism, which is unfurling across the developing and developed world alike, is rooted in capitalism.The third world citizenry is disgruntled and the ultra-nationalist right wing forces in these countries have been channeling the distress amongst the working class to solidify their position. Growing inequalities, Falling living standards, Joblessness and Insecurity are exposing the incompetence of capitalism and have been pushing a large chunk of workforce in the developing countries into a state of despair.Adding to their woes, the Covid-19 has hit them hard.

The US, with the help of IMF and the world bank, had coerced the developing countries to shun welfare economics.The term “Development” is highly contested  in the economic domain.Capitalists argue that the true development of an individual and the society depends upon economic progress and the free market is a panacea for all problems.Given the monopolistic tendencies in the economical systems across the developing world, the free market is a myth, especially in a societies where a few of business families, who have cronies in policy making circles, dominates the economical and social scene.The time has come for the governments of these nations to address these issues and ensure that the wealth would be distributed in a more equitable manner.

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