-Caveat Lector-

>Date: Tue, 14 Nov 2000 13:29:23 -0500
>From: "Anna Manzo (Between The Lines)" <[EMAIL PROTECTED]>
>Reply-To: [EMAIL PROTECTED]
>Subject: NYT: Slavery bias in founding of Electoral College (by Yale
>professor)
>
>Dear BTL subscribers: In this election crisis, we wanted to share with
>you a particularly noteworthy New York Times Op-Ed on the creation on
>the Electoral College, by a Yale law professor.
>
>The Electoral College, Unfair From Day One
>http://www.nytimes.com/2000/11/09/opinion/09AMAR.html
>November 9, 2000
>By AKHIL REED AMAR
>
>NEW HAVEN : As we await results from the Florida recount, two
>things should be clear. First, if George W. Bush, having apparently
>lost the popular vote, does indeed win at least 270 electoral votes
>when the Electoral College meets, he is the lawful winner, who
>played by the Constitution's rules and won.
>
>Second, we must realize that the Electoral College is a hopelessly
>outdated system and that we must abolish it. Direct election would
>resonate far better with the American value of one person, one
>vote. Indeed, the college was designed at the founding of the
>country to help one group white Southern males and this year,
>it has apparently done just that.
>
>In 1787, as the Constitution was being drafted in Philadelphia,
>James Wilson of Pennsylvania proposed direct election of the
>president. But James Madison of Virginia worried that such a system
>would hurt the South, which would have been outnumbered by the
>North in a direct election system. The creation of the Electoral
>College got around that: it was part of the deal that Southern
>states, in computing their share of electoral votes, could count
>slaves (albeit with a two-fifths discount), who of course were
>given none of the privileges of citizenship. Virginia emerged as
>the big winner, with more than a quarter of the electors needed to
>elect a president. A free state like Pennsylvania got fewer
>electoral votes even though it had approximately the same free
>population.
>
>The Constitution's pro-Southern bias quickly became obvious. For
>32 of the Constitution's first 36 years, a white slaveholding
>Virginian occupied the presidency. Thomas Jefferson, for example,
>won the election of 1800 against John Adams from Massachusetts in a
>race where the slavery skew of the Electoral College was the
>decisive margin of victory.
>
>The system's gender bias was also obvious. In a direct
>presidential election, any state that chose to enfranchise its
>women would have automatically doubled its clout. Under the
>Electoral College, however, a state had no special incentive to
>expand suffrage each got a fixed number of electoral votes,
>regardless of how many citizens were allowed to vote.
>
>Now fast-forward to Election Night 2000. Al Gore appears to have
>received the most popular votes nationwide but may well lose the
>contest for electoral votes. Once again, the system has tilted
>toward white Southern males. Exit polls indicate that Mr. Bush won
>big among this group and that Mr. Gore won decisively among blacks
>and women.
>
>The Electoral College began as an unfair system, and remains so.
>So why keep it?
>
>Advocates of the system sloganeer about "federalism," meaning that
>presidential candidates are forced to take into account individual
>state interests and regional variations in their national
>campaigns.
>
>But in the current system, candidates don't appeal so much to
>state interests (what are those, anyway?) as to demographic groups
>(elderly voters, soccer moms) within states. And direct popular
>elections would still encourage candidates to take into account
>regional differences, like those between voters in the Midwest and
>the East. After all, one cannot win a national majority without
>getting lots of votes in lots of places.
>
>Direct election could give state governments some incentives to
>increase voter turnout, because the more voters a state turned out,
>the bigger its role in national elections and the bigger its
>overall share in the national tally. Presidential candidates would
>begin to pay more attention to the needs of individual states that
>had higher turnouts.
>
>The nation's founders sought to harness governmental competition
>and rivalry in healthy ways, using checks and balances within the
>federal government and preserving roles for state governments.
>Direct presidential elections would be true to their best concepts
>democracy and healthy competition rather than to their worst
>compromises.
>
>Akhil Reed Amar, a law professor at Yale, is author of "The Bill of
>Rights: Creation and Reconstruction."

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