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

Emanuel L. Paparella, Ph.D.

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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

American (And Global) Oligarchy Rapidly Moving Towards Monarchy

Rahul D. Manchanda, Esq.

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Many people do not realize that the proverbial “noose” of civil rights, civil liberties and property rights are rapidly coming to an end, in large part because of the unholy alliance by and between government and the global oligarchs (international banks and major corporations).

For example, people don’t realize that current U.S. federal law permits all banks and credit unions (such as Chase Bank owned by CEO Jamie Dimon) to close any account, at any time, and for any reason, even when their own employees commit fraud, make mistakes, commit unethical acts or otherwise screw the banking customer over for personal or political reasons, and that customer then files a legitimate complaint.

The financial institution is not required to divulge the reason(s) for account closure to the customer.

Now, when a business account is closed by a bank, the bank can (and will) retain the funds in the account for 90 to 180 days in order for checks, debits, chargebacks, etc. to post to the business account before the bank will mail the business customer the remaining proceeds from the account.

However the account holder is of course not allowed access to their own hard-earned funds at all.

What this means is that these banks and credit unions have been given a universal right to steal any and all monies placed within their coffers by anyone at all, which can then be “confiscated” for any reason.

It is even so absurd that these banks and credit unions, even after they have seized or stolen your money/property, do not even have to give you a reason, and can then ban you for life from ever getting your money/property back.

This same reasoning applies to nearly all of the major businesses and corporations, wherein due process has gone the way of the extinct “dodo bird.”

This is what it means, when an administration (in this case Republican) talks about “bank deregulation.”

In many ways, Democrats had the right idea over Republicans when they created and enacted such banking regulatory agencies such as the Consumer Financial Protection Bureau (“CFPB”), recently gutted and decapitated by the Trump Administration and his coterie of bought and paid for Republican conservatives.

The problem is that the same global Oligarchs and International Banking Cartels that controlled the Democrats, and enacted even more stifling Communist type regulation to further control, cull, and choke off the American (and global) population (think Obama’s “Operation Chokepoint”), simply use Republican “deregulation” as another mechanism to screw over, steal from, and rob the working and middle class, by allowing these international banking cartels, credit unions, and corporations to completely do whatever they want, to anyone, for any reason, in the absence of any regulation.

Herein lies the rub, and there has to be a middle ground, but only if the American people (and their global population counterparts) push back and vociferously tell their elected leaders to take legal and equitable action against these global thieves and criminals.

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War, Anniversaries and Lessons Never Learned

Dr. Arshad M. Khan

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On December 7, 1941, Japan attacked Pearl Harbor and the U.S. entered the Second World War.  A war of horrors, it normalized the intensive, barbaric bombing of civilian populations.  If the Spanish Civil War gave us Guernica and Picasso’s wrenching painting, WW2 offered up worse:  London, Berlin, Dresden to name a few, the latter eloquently described in Kurt Vonnegut’s “Slaughter House Five.”  Against Japan, the firebombing of Tokyo, and above all the revulsion of Hiroshima and Nagasaki radiated a foretaste of ending life on the planet.

Reparations demanded from Germany had led to the rise of Adolf Hitler and a thirst for revenge.  Thus Hitler demanded France’s 1940 surrender in the same railway carriage where the humiliating armistice was signed in 1918.

If the war to end all wars — its centenary remembrance a month ago — killed 20 million plus, the successor tripled the score.  Disrupted agriculture, severed supply chains, fleeing civilians, starvation and misery; civilian deaths constituting  an inordinate majority in our supposedly civilized world.

One of the young men baling out of a burning bomber was George H. W. Bush.  He was rescued but his crew who also baled out were never found, a thought that is said to have haunted him for the rest of his life.  He went on to serve eight years as vice-president under Ronald Reagan and then four more as president.  Last week he passed away and was honored with a state funeral service in Washington National Cathedral.

His legacy includes the first Iraq war and the liberation of Kuwait.  While he avoided the hornet’s nest of ethnic and religious divisions in Iraq itself, the war’s repercussions led to the Clinton sanctions and the deaths of half a million children.  The UN representative overseeing the limited oil-for-food program, Irishman Denis Halliday, resigned in disgust.  Not to forget the infamous answer by Clinton’s Secretary of State Madeleine Albright.  Asked by Leslie Stahl if it was worth the lives of 500,000 children … more than that died in Hiroshima, she answered:  “I think this is a very hard choice, but the price — we think the price is worth it.”  (CBS 60 Minutes program, May 12, 1996).

Note the “we” in her answer.  Who else does that include but our “I-feel-your-pain” Bill Clinton.  Hypocrisy, arm-twisted donations to the Clinton Foundation while wife Hillary was Secretary of State in the Obama administration; her shunning of the official and secure State Department email server in favor of a personal server installed at her request and the subsequent selective release of emails.  Well who cares about verifiable history these days anyway as the following demonstrates.

Yes, there was another anniversary this week for a different kind of war.  This time in India.  After securing freedom from the British, a secular tradition was proudly espoused by the patrician Nehru and the epitome of nonviolence, Gandhi.  It is now in the process of being trampled in a war against minorities.  The communal war includes the massacre of Muslims in Gujarat for which Narendra Modi was barred from the U.S., a ban lifted only when he became prime minister.  He, his party and his allies have been also responsible for the destruction of the Babri Mosque.  An organized Hindu mob tore it down on December 6, 1992; hence the shameful anniversary.  Built on the orders of the first Mughal emperor Babur, its purpose was to cement relations with Hindu rajas by also sanctifying for Muslims a place holy to Hindus and held traditionally to be the birthplace of Rama — famous from Hindu epics for fighting evil with the assistance of a monkey god’s army … although one is advised to avoid close contact with temple monkeys when visiting.

As the first Mughal, Babur’s hold on India was tenuous and he actively sought alliances with Hindu rulers of small states against the pathans whose sultan he had just defeated.  That affinity continued during the entirety of Mughal rule and one manifestation was frequent intermarriage with Rajputs.  Several emperors had Hindu mothers including Shah Jahan the builder of the Taj Mahal.  In the end, Babur’s fears were warranted because Sher Shah Suri did marshal those pathan forces and throw out his son Humayun, the second Mughal ruler.  It was only Sher Shah’s untimely death during the capture of Kalinjar (a Hindu fort then held by Raja Kirat Singh) that made Humayun’s return possible.

The destruction of the mosque was a historical wrong if ever there was one, but then Mr. Modi has never been bothered by history.  He is also not bothered that his party’s fairy tale revision of school history books is a scandal.  For similar reasons, Indian history on Wikipedia is too frequently tarnished, requiring verification from other sources to be properly informed.

The wrongs of communities, just as the wrongs of war, can lead to repercussions unanticipated and cataclysmic.  Yugoslavia is an example in living memory.  Clearly, any ruler of a multi-ethnic, multi-cultural country contemplating a path of communal dominance must take note before he is hoisted with his own petard.

Author’s Note:  This article first appeared on Counterpunch.org  

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Racism does not need racists

Jorge Majfud

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In my classes, I always try to make clear the difference between opinions and facts. It is a fundamental rule, a very simple intellectual exercise that we owe ourselves to undertake in the post-Enlightenment era. I started becoming obsessed with such obvious matters when I found out, in 2005, that some students were arguing that something “is true because I believe it” – and they weren’t joking. Since then, I’ve suspected that such intellectual conditioning, such a conflation of physics with metaphysics (cleared up by Averroes almost a thousand years ago) – which year by year becomes increasingly dominant (faith as the supreme criterion, regardless of all evidence to the contrary) – has its origins in the majestic churches of the southern United States.

But critical thinking involves so much more than just distinguishing facts from opinions. Trying to define what a fact is would suffice. The very idea of objectivity itself paradoxically originates from a single perspective, from one lens. And anyone knows that with the lens of one photographic or video camera, only one part of reality is captured, which quite often is subjective or used to distort reality in the supposed interest of objectivity.

For some reason, students tend to be more interested in opinions than facts. Maybe because of the superstitious idea that an informed opinion is derived from the synthesis of thousands of facts. This is a dangerous idea, but we can’t run away from our responsibility to give our opinion when it’s required. All that we can and should do is take note that an informed opinion continues to be an opinion which must be tested or challenged.

An opinion

On a certain day, students discussed the caravan of 5,000 Central Americans (at least one thousand of whom were children) fleeing violence and heading for the Mexican border with the US. President Donald Trump had ordered the border closed and called those looking for refuge “invaders”. On 29 October 2018, he tweeted: “This is an invasion of our Country and our Military is waiting for you!”. The military deployment to the border alone cost the US about $200 million.

Since one of my students insisted on knowing my opinion, I started off with the most controversial side of the issue. I observed that this country, the US, was founded upon the fear of invasion, and only a select few have always known how to exploit this weakness, with tragic consequences. Maybe this paranoia came about with the English invasion of 1812, but if history tells us anything, it’s that the US  has practically never suffered an invasion of its territory – if we exclude the 9/11 attacks in 2001; the one on Pearl Harbor, which at the time was a military base in foreign territory; and, prior to that, at the very beginning of the twentieth century, the brief incursion of a Mexican named Pancho Villa mounted upon a horse. But the US has indeed specialized in invading other countries from the time of its founding – it took over the Indian territories, then half of Mexico, from Texas, to reinstall slavery, to California; it intervened directly in Latin American affairs, to repress popular protests and support bloody dictatorships – all in the name of defence and security. And always with tragic consequences.

Therefore, the idea that a few thousand poor people on foot are going to invade the most powerful country in the world is simply a joke in poor taste. And it’s likewise in bad taste for some Mexicans on the other side to adopt this same xenophobic talk that’s been directed at them – inflicting on others the same abuse they’ve suffered.

A critical view

In the course of the conversation, I mentioned in passing that in addition to the foundational paranoia, there was a racial component to the argument.

“You don’t need to be a racist to defend the borders,” said one student.

True, I noted. You don’t need to be a racist to defend borders or laws. At first glance, the statement is irrefutable. However, if we take history and the wider current context into consideration, an openly racist pattern jumps out at us right away.

At the end of the nineteenth century, the French novelist Anatole France wrote: “The law, in its majestic equality, forbids rich and poor alike to sleep under bridges, to beg in the streets, and to steal their bread.” You don’t need to be an elitist to support an economically stratified culture. You don’t need to be sexist to spread the most rampant type of sexism. Thoughtlessly engaging in certain cultural practices and voicing your support for some law or another is quite often all it takes.

I drew a geometric figure on the board and asked students what they saw there. Everyone said they saw a cube or a box. The most creative variations didn’t depart from the idea of tri-dimensionality, when in reality what I drew was nothing more than three rhombuses forming a hexagon. Some tribes in Australia don’t see that same image in 3D but rather in 2D. We see what we think and that’s what we call objectivity.

Double standards

When President Abraham Lincoln emerged victorious from the American Civil War (1861-1865), he put an end to a hundred-year dictatorship that, up to this day, everyone calls “democracy.” By the eighteenth century, black slaves had come to make up more than fifty percent of the population in states like South Carolina – but they weren’t even citizens of the US, nor did they enjoy even minimal human rights.

Many years before Lincoln, both racists and anti-racists proposed a solution to the “negro problem” by sending them “back” to Haiti or Africa, where many of them ended up founding the nation of Liberia (one of my students, Adja, is from a family which comes from that African country). The English did the same thing to “rid” England of its blacks. But under Lincoln blacks became citizens, and one way to reduce them down to a minority was not only by making it difficult for them to vote (such as by imposing a poll tax) but also by opening the nation’s borders to immigration.

The Statue of Liberty, a gift from the French people to the American people to commemorate the centenary of the 1776 Declaration of Independence, still cries with silent lips: “Give me your tired, your poor, your huddled masses yearning to breathe free…” In this way, the US opened its arms to waves of impoverished immigrants. Of course, the overwhelming majority were poor whites. Many were opposed to the Italians and the Irish because they were red-headed Catholics. But in any case, they were seen as being better than blacks. Blacks weren’t able to immigrate from Africa, not just because they were much farther away than Europeans were, but also because they were much poorer, and there were hardly any shipping routes to connect them to New York. The Chinese had more opportunities to reach the west coast, and perhaps for that reason a law was passed in 1882 that prohibited them from coming in just for being Chinese.

I understand that this was a subtle and powerful way to reshape demographics, which is to say the political, social and racial make-up of the US. The current nervousness about a change to that make-up is nothing more than the continuation of that same old logic. Were that not the case, what could be wrong with being part of a minority group or being different from others?

You don’t need to be a racist…

Clearly, if you’re a good person and you’re in favour of properly enforcing laws, it doesn’t make you a racist. You don’t need to be racist when the law and the culture already are. In the US, nobody protests Canadian or European immigrants. The same is true in Europe and even in the Southern Cone of South America [the southernmost region of Latin America, populated mainly by descendants of Europeans]. But everyone is worried about the blacks and the hybrid, mixed-race people from the south. Because they’re not white and “good”, but poor and “bad”. Currently, almost half a million European immigrants are living illegally in the United States. Nobody talks about them, just like nobody talks about how one million United States citizens are living in Mexico, many illegally.

With communism discarded as an excuse (none of those chronically failing states where migrants come from are communist), let’s once again consider the racial and cultural excuses common to the century prior to the Cold War. Every dark-skinned worker is seen as a criminal, not an opportunity for mutual development. The immigration laws are themselves filled with panic at the sight of poor workers.

It’s true that you don’t need to be racist to support laws and more secure borders. You also don’t need to be racist to spread and shore up an old racist and class-based paradigm, while we fill our mouths with platitudes about compassion and the fight for freedom and human dignity.

UNESCO

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