Role of Congress and Electoral College
The U.S. Constitution was designed to provide for an electoral
process that would ensure the rule by men of property and keep the
largest faction -- known as the propertyless, as the founding fathers put
it -- out of power. The Electoral College, used only for presidential
elections, is part of this arrangement. It was established as a
mechanism
against "the mob" to ensure continued rule by property owners -- today
the ruling oligarchs (seen in Article II and Amendment 12). The Electoral
College was part of the compromise with the system of slave labour,
as was the entire Constitution. The unfolding developments today
increasingly show how the Constitution and its electoral process are
a compromise that favours the oligarchs, against a democracy of, by and
for the people.
While some modifications were made with the agreement to hold a
popular election for the president, the basic system outlined in the
Constitution remains intact. Currently there are 538 electors in the
electoral college, divided among each state as well as the District of
Columbia. Electors are allocated based on the number of representatives
each state has in the U.S. House of Representatives, plus two more for
the state's Senators. Each state selects electors to the Electoral
College, with Democrats and Republicans each prepared with a slate of
electors. DC, while not a state, is allocated three electors. Whichever
candidate gets a plurality of votes in the state receives the votes of
all the electors for that state (except for Maine and Nebraska which
use a system of proportional representation). The electors in each
state then meet after the election to certify the election results for
their state. By law these results are to be completed and submitted to
Congress by the first Monday after the second Wednesday in December
which in 2020 falls on December 14.
The new Congress, seated January 3 and meeting in joint session, is
then required to validate the results. This is usually just a formality
as the result is by then already well established. However, should this
year be different because the results of particular states remain in
dispute, preventing either candidate from securing the 270 Electoral
College votes required, then it is up to the House of Representatives
to resolve the
dispute. This is done through what is called a "contingent election."
Each state delegation gets only one vote. Depending on how the November
election goes, even if the new House is comprised of a Democratic
majority, such a vote could still favour the Republicans. This is
because each state delegation can be majority Republican or Democratic.
As Speaker of the House, Nancy Pelosi has already informed members
to be prepared for such a vote. Given the grave concerns about the
potential for violence, both among the competing factions and against
the people, including by the military, the certification of the vote by
Congress could serve to lessen that likelihood. It would not necessarily occur
along party lines, as what could be in play would be an effort to
prevent civil war. Of course, if no compromise could be reached, such a vote could
go like the elections themselves and serve to increase that possibility.
Some say that if Trump is defeated by a large enough plurality
of votes and Biden secures the electoral votes required from states not
contested, he will accept his defeat and not contest the result. This
is why the Biden camp has paid so much attention to calling on people
to vote. However, this assumes there is confidence among the people
that their eligibility to vote will not be tampered with, which is not
the case. Large swaths of Americans are not able to exercise their
right to vote, including those who attempt to and who face closed
polling places, or have been falsely removed from the rolls, or face
intimidation, etc. So this too is a factor which increases the anxiety
that the results of the election will not be peaceful.
It is
also the case that Trump said November 1 that he will immediately send
his lawyers in to demand recounts in the states likely to be contested,
like Pennsylvania, Michigan, North Carolina, Wisconsin and others. This
indicates that he will first attempt legal means and seek a Supreme
Court ruling in his favour rather than immediately declare victory as
he has threatened. However, doubts about the legitimacy of a Supreme
Court ruling given the rapid confirmation of Trump appointee Amy
Barrett are widespread. Already labour unions and officials have
demanded no interference by the Supreme Court. And with or without a
ruling, the House of Representatives still has to certify the vote.
Thus even greater divisions and violence could occur.
Furthermore,
since George W. Bush defeated Democratic incumbent Vice President Al
Gore after a narrow and contested win that involved a Supreme Court
decision to stop a recount in Florida, anarchy in the U.S. has been
raised to authority. Violence has been used to settle conflicts both
within the United States and abroad. A peaceful transition requires
that there be politics and mechanisms to sort out differences
between the factions, none of which exist. Even the factions within the
ruling class are so fluid and have as many voices in them as there are
people which comprise them that one cannot expect to see negotiations
which achieve anything substantial. Only making the claims which the
people of the United States are entitled to make will yield different
results.
Whatever the outcome of this election, the only thing that is
certain is that the crisis of legitimacy and credibility in which the
U.S. democracy and institutions are mired will continue. Neither
candidate will have the consent of the people.
This article was published in
Volume 50 Number 7 - November 2, 2020
Volume [volume] Number [issue] - [date]
Article Link:
Role of Congress and Electoral College
Website: www.cpcml.ca
Email: editor@cpcml.ca
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