For use on or about December 15, 1988

The Birch Log

The Electoral College

by John F. McManus any one candidate, the choice would then be

Belmont, Mass. - On December 19th, the Elec­ made by the House of Representatives. toral College will select the next President and Vice President of the . No one Great Wisdom who voted on November 8th actually cast a bal­ We all know how few Americans study the lot fo r either George Bush, Michael Dukakis, candidates, analyze the issues, and factor into or any of the minor candidates. Instead, the their vote the many lessons history offers as a votes registered on that day indicated each vot­ guide. Alexander Hamilton explained the er's preference for electors only. thinking behind the creation of the electoral college system in Essay Number 68 of The Fed­ Not Legally Bound eralist Papers : The Electoral College is not a college; its members meet in fifty state capitals, not to­ It is equally desirable that the imme­ gether in any single location; and the general diate election should be made by men' public rarely finds out the names of those who most capable of analyzing the qualities serve. When a voter marks a ballot for Presi­ adapted to the station and acting under dent and Vice President, he or she is actually circumstances favorable to delibera­ voting for electors who are pledged, but not le­ tion .... A small number of persons, se­ gally bound, to vote for a named candidate. lected by their fe llow citizens from the Today, the system has each political party general mass, will be most likely to pos­ naming its own slate of electors. Voters who sess the information and discernment choose the Republican nominee are actually requisite to so complicated an investiga­ choosing the Republican-named electors; those tion. who choose the Democratic nominee are choos­ ing Democrat-named electors, and so on. So­ Early 20th century author James Bryce, called "faithless electors," those who follow the writing in The American Commonwealth, designs of the fo unding fathers, occasionally might just as well have commented about the exercise independent judgement, as did a 1968 popularity contests and telegenic personalities Republican elector fr om North Carolina who of our day when he stated: ''To have left the voted for George Wallace instead of Richard choice of the chief magistrate to a direct popu­ Nixon. When told he couldn't do that, he simply lar vote over the whole country would have replied, "I just did it." raised a dangerous excitement, and would The electoral procedure can be fo und in Ar­ have given too much encouragement to candi­ ticle II, Section I of the Constitution. Each dates of merely popular gifts." state is granted a number of electors equal to Today, a candidate who wins the popular the total of its senators and representatives in vote in any state is virtually assured of the Congress. The founding fathers believed that votes of the entire state's electors. A better sys­ choosing the nation's chief executive was too tem, possible via state action without recourse complicated and too weighty a task to be left to to any amendment, would have an elector cho­ a popular vote, or to state governors or legis­ sen in each congressional district, thereby latures. After debating the matter at length, avoiding the inequity of a winner-take-all sit­ the compromise they reached called for the uation in each state. But in any case, there is states to devise a method of choosing knowl­ wisdom in not relying on the popular vote. Get­ edgeable and honorable men who would then ting as close as possible to what the fo unders carefully elect the nation's topmost leaders. If intended would also be wise. a majority of the electors could not decide on © 1988 The Features

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Belmont, 02178 San Marino, California 91 108 The Birch Log For use on or aboutluly 7, 1992

Let the Constitution Work

by John F. McManus

Appleton - The prospect of Ross Perot doing addresses this situation. It says that the House of well in the presidential election on November Representatives shall choose the President "from 3rd has forced many Americans to break out the the persons having the highest numbers not U.S. Constitution.Most electionsin ournation' s exceeding three on the listof those voted for as history have been a contest between the candi­ President." And the Senate shall choose the Vice dates of only two political parties. But what President in like manner from the top two elec­ happens, for instance, if three candidates split toral vote-getters. the votes of the electoral college so evenly that The amendment also stipulates that these there is no majority winner as required by the votes "shall be taken by states, the representa­ Constitution? tion from each state having one vote." Popula­ tion would no longer count; Wyoming's vote Electoral CoUege would be the equal of California's.Each state's Actually, the so-called electoral college is not two senators would in like manner decide their a college at all. It never even meets as a body. It state 's choice for Vice President. is an assemblage of individuals who have been But there are unansweredquestions about the elected by the people in each state to choose the use of the Twelfth Amendment. Which House President and Vice President. The thinking of and Senate members should vote: those newly the Founding Fathers was that the people should elected in November or those from the outgoing not elect their topmost leaders; they should in­ Congress, many of whom have voluntarily re­ stead elect knowledgeable and principled indi­ tired? Must a presidential candidate win a clear viduals to make these choices for them. majority of a state 's House delegation? Would it Bill of Rights author George Mason said of be proper to have the House pick a President the argument that the people themselves should fromone party and the Senate pick a Vice Presi­ do the electing: "It has been proposed that the dent from another? election should be made by the people at large; that is, that an act which ought to be performed Confidencein the Constitution by those who know most of eminent characters There are powerful individuals in America and qualificationsshould be performed by those anxiously awaiting an opportunity to rewrite the who know least." Declaration of Independence U.S. Constitution. The document is so little signer Elbridge Gerry supported the idea of understood by the average American that a presi­ electors because, "The people are uninformed, dential election decided by the House could be and would be misled by a few designing men." widely seen as unfair and lead to a loss of And so, the process for electing both Presi­ confidence in the entire document. Ross Perot dent and Vice President starts with each candi­ might be playing right into the hands of those date offering a slate of electors in each state who don't like the Constitution's limitations on pledged (but not legally required) to vote for him power or who favor changing over to a parlia­ or her when the electors meet several weeks after mentary-type system like England's. the people vote. The people vote fo r the electors Perot himself said in a November 2, 1991 in each state, not for the candidates. The number speech in Tampa, Florida, "Our system of gov­ of electors fromeach state must equal the total of ernment is the problem .... Keep in mind our the state's representatives in both houses of Constitution predates the industrialrevolution." Congress. Is this election as much about the integrity of the When only two candidates are considered, a Constitution as it might be about who occupies majority choice of the electors is a certainty. But the White House for the next four years? No with three or more, the prospect that no candi­ matter who wins the big prize, all real Americans date willgain a majoritybecomes likely.What to will lose if their Constitution goes down the do then? drain as a result of the 1992 election. The Twelfth Amendment (adopted in 1804) © 1992 The John Birch Society Features

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Post Office Box 8040 - Appleton, Wisconsin 549 13 Save the Electoral CollegelCollege! TheThe ElectoElectoralral College is not an anachronismanachronism but iiss iinsteadnstead one ofof ththee vital checks and balancesbalances createdcreated by thethe FoundingFounding FFathersathers to ensure the preservation of lilibertyberty..

by William Norman Grigg

hy .houlolul;OII isi. not00' necessarily""<:t:~il)" theIh<: one""" mostmo.' COOlpaliblccompatible with the preservationpreseJV~lioo oforr~ free institutions.i"sliIUlions. LIS ItII is hardly surprising,surprising. observedob!ie,',ed ConCon­­ H g'tSl.m~n gressman RonRoo PaulP.""I (R-)(R·Texas)., thatlim "calls"call. 1to0 abolishnbolish 1110the c!«10r31electoral collegecoJt~ge sySlemsystem Olfe are heard mostn>OSI loudlyloudlY among thethe liberal/col­libernl/rol· lectivist1«liviS( elitesClil~ concentratedconcenmued largelylar:gely onool.be the two\WO coasts."COII$lS.-A glanceil3I>Cc at the,he USA TodayToda.,· maprN.j) on thetho facingf;>c,n~ pagep:!~ will,,·m $uHke suffice 10to illusillus-­­ trate'TlI'~ why thisthi. i. is "" so -_ and why"'hy AmericansA",,,ric,,,,. whowhQ seek$Cc k to'0 restore",-""", limitedlimi,.-d governmentguY"mm"n' mustmu" work"",t;: '" to preserve1''''.'"'''''' the~IC EC.F.c. TheTI", mapmap ofof·­ ferstc", a• brcablownbreakdown orof the,he poppt>pY11Itular voteVOl. in thetl'" 2000 presidentialpn:silkn'ial eoJ..:,i""lection by co.",",,,,ie:;:unties: Thenle bluehhl. ones"OC< (677(677 tota'OIal)l) werew"re cnrrioJcarried by AI ('.on:Gore,. 1m:the rIl.-ded Oil<;. ones ( (2,434)2.4:l4) by GGeorgeeor!c W. BBmh.ush. TI,eThe GoreGot. vovolete pp~inl.dainted a• bbicoas,Q\icoas tal ffringoringe of bblue.lue, with occasiooccasionalnal flecksIlecl:s scat­sc~,· tered,ored ""I"O$S across tthohe midwestmidw~ (and(MId severa$C"o",l' du,·clus­ terstelsthal that aftare fofoundund in statesS1:t1e$ with highh,gh ratesTlIle$ of illegamogallmm"",tionl immigration and l1"&0arge popuPl'1',,1.­la­ tions,ions of Ih,nly thin ly assimilatedas .. m,I"od immigrants).,mmis"m"). llIeThe Bush vote'010 dominates,Iom,na'es the,he WesternWeMem states,SlaleS. the,lit South,Sou'h. and the,he Midwest.Midwe",. Fur­Fur· thermore,lhorTnOl"l:. the,he counties"""n,ics carriedcanH:.J by Bushansl, are"'" more economicallyecono."'''''lIy productiveprod"",i,,, than~"'" those that'M' went""Cn, forfur Gore:(")lin:: DuringDwin8 thetl'" lastI.. , decade,decode. !hethe Bushllu5h countieseo"n'"", enjoyed""joyed a 14141',,,.:<:11' percent raten.tc of economicOCOl>Omic growth,grow,h. asOS comparedoompared to fivefh"C percentpc"",n' inIn the,he GoreGo", counties.",,..nlic... This isi. notnlM to,o"Y say thattho, thetil<: map""'I' illustratesill",,,,,, .. ,thelit virtues,',nl)e$ of Georgeo..~"1'" W.W Bush.Bn'h. HoweverHo,,'e,'.r., in,n a race in,n which BushBUSh wasw., perceivedpcr<...,i,'«l (howe,oe.(however inaccurately)moceu,,",dy) as'" anlUI advocate,.u,,,,,.'o- of,,{ sma"".lIe,.ller, lessleos intrusivein'rusi •• government,lIo,'ommon, . and (loreGore ranI'M an caCMlp:!il:nmpaign roorootedted in,n vu,·,,1lgar&", .'1""ap-

10., THENEWAMERICANlIE N8'11W£1/JCAN • JANUARY 1,1. 2001 pealpeal,s toI" clollIS>ass ell"Y envy andIUIcl rar.><:i.cial1ho "'''''ili,y,stility, rur­rur· ssl"",hltraight lII""ine to10 Ik.,"Ocean alKI AmericaA rnone. -_ wherwhe",e ththee prod<><:I;'productive,... lI~w·aw­ CilyCity,. Md .,.. without",,!hOOt passp... s ­· The EElectorallectoral College - composed of abidabidinging citizenr,ili,,,n,),y >cd'seeks rrefu!:"efuge - votedvOI~d ing,ng throughthrou,h a, ssingleingle almost.1",,,,, unanimously"o'nm>oor,ly forfor BuOu,hsh aandnd 3~',"SI against COUntycounty th.tthat votvoteded for officIalsofficials chosanchosen by Ihethe statesstates in a number theIll<: ClintonClinll)!! le"'ga<:)'gacy., UrbanUTb3" America,Amen" •• whichwhloh Gore:Gore."' equivalent 10to their respective congressional telCen"ems withwilh 1;<'>1"IIIUell<'le!;constituencies thatIhal aarere depen­. Once agoin. again, although, 1Ihou8h dent up<>n upon trI",nsf.",ansfers of government~1)V.mn>e"\-plun­· pl"n lhethe substanti,-esubstantive ddiffer·iffer­ delegationsdellgations - was intendedIntended to be a limited­limited· dered we,,'uhn,alth , vvOiedoted fforor GoreGOtt_. AllhoughAlthough encesences th.thatt .cparure separate BuBushsh term legislativetegislative body thatthat would select a Gore claimed.claimed a slightlyslightly I""cr larger shareshm ooff the fromfrom Gore are not001 aoss pro­pr0- popularpopular voteVOle,. hihiSs supp<>ne"" supporters, who per­per· nounced aass momostst 'ppe(lfappear chiefchll' executive.executive , This system would preserve ce;"edceived him as lhe the candidc.r.did.lIeate of redistribu­rtem, government, areart - quitequite literallylitCflllly­­ ttionion demondemon,lI.stratedted howl>Qw thinIhln on the groundgmund:: MeaM.... sured"red inIn terms of 3dvocaadvocate,nupon winninwinningg populp<>pula.ionation-den· Mnse se ofG«qeW,of George W. BuBush'ssh's positions vi.iss-a-vis ~ ylsAAlI ~"'ed,observed, " It'Irs s popossl\>lessible to10 drive fromfrom Fort1'00 urban centersCtn ..", a.ndnd ignoringiJ:norini: .bethe v",S{ast ex­ex· (;ore.Gore, seseee "Tweedledee1'V.'erdled« or 'Tweedleduml'V.'«(Iledum?"'''' DDkickk on the PacificI'"dfie eoo." coast inIn,a more010'" or leJessss pansep.1n~ ofof''1ly...,,,.r"fly-over America America.,"" \For,(For a review by WilliWilliamam NormNormanan GrigGn~g~ in thelhe Decem-Utccm·

The,,,,, ___ vote,vote ..., "7 county__ byby county VicePresidentGore wonin 677countiesand T~.~='exasGov. George W. Bus h in 2,434counties, Square miles of counties won Population (1999) of counties won Growt h (1990-99) of counties won accordingto prelimin,-ary_.,result s...,,­ ...... Gore _ 580,134 Gore 127 million Gore _ 5% -_ Gore . Bush Bush 2,427,.,039 Bush 143 million Bush 14% - ~ ...... • .. .. • • ". •

.-", .. •

Note: Countyelection data was not reported for Alaska, and was unavailable from two counties, one in Mississippi and one in Florida. Counties in blue, indicating a vote for Gore, include Indian reservations in Montana,NewMexico and South Dakota. lJSource-~: Thh~--~e Associated_Press,~E_-SRlln~-~-~c.. USA TODAY a-nalysi~s by.~P--aul Ove~rberg ~!:~~~~~~~J ! Coastal calamitycalMllty:: ThisTIlls map shows~ the b,6:lkdownbreakdown atof the!he popularpop<.rla' voteYI)!e inIn the 2000200J presidenpresldentlaltial electionmctIon with bluetIMt countiesoounlJe$ goingqoir1g to10 Gore andanti red going to10 Bush.8uSfl, The Foonr:lfrlgFounding F~FathersI ~'''' crera'O/ieated .110the e.1eet"",1lectoral collegeoo l~ syslornsystemto 10 prevent~r"""'llhtthe population~uJ.llion centers'*'w~ fromI'om imposingImposing theirwill~r wI~,, democraticallyd,mocrallCllllll,, ....overr thetile smaller~rmIIef., lessleu populouspopulollS states.S!.llll~, TheTho recent,,,.;en! cort\o!.tcontest forlor the11'ItI prnidenc)',presidency, fartu fromhom illustratingidu~lra!ing the needrJeed toto abolish,boIlsh!h(tthe EElector,llectoral CoI~.College as advocatedildllotaled byb)' theI!IOll/llnllemangentleman on !hethe previousj)fe'

THENEWAMERI/HE' NEW AMERiCAN • JJANUANIJNNARY 1I,. 200 1I 11" __------l.

ber 4,J. 20002!XXl is,,,,, issue of THETI ll! NEWNew AMERICANA.,£RICAN.. to submitguhm" to'0 theIhe willw,1I ofof ""Ithinkinghln~ing The article isi, also availablea"ailable ononlineline at:al: America"Amenoa" --and and replacementreplact~nl of thelbe www,,",,"W.lhe~'.COInIf<:JCUJetc..1ioo"'.).thenewamerican.com/focus/elections/.) ElectoralEleC10nl CollegeCollei~ withwllh directdirt<:( popu­popu­ When thelhe FramersFr~"",rs settledsouled on the~\c Elec­F.tc..:· larla, electionol"""on of thelhe president would toral CollegeCollo~c a'as theIhe means")Ca,,, of selecting,dc":ling a """",Inlycertainly advancead""""~ tM thatt design, design . president,jXe.idem. oneono of theirII)Ci, primaryprin'llr}" O",,"em'concerns wasWIIS to protectprotCCI the~'" interestsinlOre,\> of smaller,,,,aller states"'ale' A" Renewed Campaigncampaign against..... ai"'1 potential1,,~e"li.1 dorninali"ndomination hyby larg.'. larger, AtAl predictable intervalsint"r\'~I$ -_ usuallyu~u.lly more"lOIe densely-populatedden.clY_J>OIKlla'c~l ..states.a'",. The results~", I '., coinciding with Ii a presidentialpresidenli.l elec­el",· of theIll<: 2000 racer""" illustrateillu",ale howh"w easily"",,ily ,uch such tion,jon - advocatesad"oc.~s of a more central­cent",l· domi".ti"ndomination couldoould he be b"'"Sh,brought .boll'about ized,iled. socialistsociaiisl nationalnalionJI governmentgo..-.r",'","1 through direcl direct popularpopular electioneleellon of theIhe 1""<­ pres­ proposeprop<)$e theIill' abolitionaooJitioo of thetllC ElectoralElecloral ident.idenL InI" fact,f":l •.rolll"s ome leftistleftisl politicalpoliliCllll"'ndirs pundits College,ColleV. and Iill' the prolonged deadlock haveha"o intimated that~"'lll,,, the coullly.bycounty-by-county ...."Ul.lnly in Ihe the 2000 presidentialpre,sidemi.1 caOlj>:ligncampaign returnsreturn. in theIll<: 2000 presidentialpre,idenlial .""'I"'ig"campaign promptedproOlpould respectrespecl lowInglowing memorable phrase:phrose: ··S"Stroketroi.:e of III< the thelbe will ofof'be the peoplepeople., and to10 me,me. thatthaI pen.pen, LawUow ofllre of the land. Kinda cool."cool:' In Iia col­col· means""",M it's;1 ', timelime toIn lion','s health sys­5)"­ former Clinton administration strategist Paul Begala. temlem according.cco,dlng to10 her whims,,"hlm$,. MrMI"!'.s. You see""" the .ralO state wherewhclo JamesJ.nl<. Byrd The folks in "fly-over" America rejected Gore, in his ClintonClint(>ll announced.nn""""ed thatIh31 one of her opinion , because they are violent bigots . For instance , wasWaS lynch-draggedlyl\Ch-drag~ed behindbehind. a pickup firstfi,,;l undertakingsundcn.kinJ:!'" as a. .. senator",to, would he claims that Oklahoma rejected Gore because it's trucklfIIC~ untilumil his body .ame came apart'1'W1- - it'sil', beIx: to10 support,upport an amendmentamendmenl to(0 pro­ "the state where right-wing extremists blew up a red. YouYou..,., see the state,Utle wherewbere MatthewM.uhcw vide,i,k: for[n, the "-,1i""'ldirect electioneleellon"" of thelbe federal office building and murdered scores of federalfederal ShepardShcpllld wasw"" cr""ified crucified on"" ... a split-railplil.",il employees ... ." Those who advocate the abolition"" of president.I""'iocnl. fencefe""" forfo. thethe crime ofofbei"l!- being gay~ .. y_ ­ the Electoral College are really calling for the SenatorSen.ll..- ClintonClinlon will findCmd moremn", it'sif. ,ed red.. You M::C see theIII< stateSlate ",11<1< where right­rilP'l. disenfranchisement, of rural, America and the thanIh"n a• littlelillie s,ul'P"rtupport on"n theIi><: HillHill for wingwing. extremistscxln:mi,1l; blewbl~"W up a federalfork",1 of· of­ amJlOlW changedchonged:'," commentedcomnocnted Rep. LLo­a­ ColumnistCololnni.l William O'RourkeO'R"urke of thell,e Chi­Chi· and.nd intellectualinlellecluol life.lifc.~" TheTho "clionsection of the HoodHood.," "i,is ifif therethere''ss a calamitycalamily in the!he cOUn coun­­ c"lIocago Sun-TimesSun·Timn wawa's ,,,'cneven blunterblu"'tr in hishi' countrycounl')' thatlh"l went>lenl forfOl" AlAI Gore ,. by wayw.y of try,try. where"hc« somebodysonocbody were to10 getgel the pop­ characterizationel'''''''''l.ri''''li"" "fof what",hal heht called"..tIed "Yahoo"YaI"", contrast,conI ... " . contain001'1";'" s "America'"Amotic"s greatgreal citiecilie,;s: ularuillt vote'"010 butbull loseose thelhe ~le<:tOfllI electoral vote.'!>I •."~ InIn thethe NationNalioo,"" -_ theIhe primarily WeWestornstern and""d rur­rur_ New YorkYOlk., BostonB"",on., Washington,W•• hinMIOn. DD.C...C., wake,,',k. of the,he Bush-GoreBush Go«: impassejmpa$~., MelissaMeli sSIcd against~.insl thelhe leftloff's' ChicChicago.ago, LosL.,. AngelesAngole •., San Francisco,Fra .... ;$Co. MerzMen:,, a"pokesspokesman man for Rep.R.-p. DurbinDurbin., 00ob­- 20002!XXl standard-bearer..1Ond:mJ ·bearer. "Yahoo Nation,"Nation:' PhiladelphiaPhiladelphia., SeattleSeallle:'." PresumablyPre$umably itil ..served",ed: : "Sometime,"Sometimes you)'01.1 haveh3\'. to haveha"" wroteWfIOtC OO·Rourtt.'Rourke, "''1$is a large1"'1:' ,.Iop<.idedlopsided horse­1Iotsoe­ "'ouldwould be bettbelle,er forfo' everyone,c.cryone. from thislh" ""mesome kind of bigb'8 "' event.. n' to10 build"'ltld momentummomen'um ...,.shoe,.• a twistedl",islf(! W,w. mademade. up of primarilypnmanly thelire perspectivepel"!'peaiv•• , ifif "Yahoo" Vatroo Nation"Nanon" were" "ere madem.'lde forfOl" a constitutional.(>11"""ttonal amendment.amendment. And cer-c"", 1"2 THENEWAMERICANrHENaVAMERrcAN • JANUAR.JANIlAHYY 1r,, 2001root tul.inlyainly I thinkmini. thithi~s wowoolduld bbee coCOIosiderednsidered iinn DDelelahuntahunl -_ w,,1M'ho s.it>its oonn thIhee th.tthat caC>ltegOl')'.~tego ry." HHou.«ouse JudiJudiciaryciary C"",millc<:_Committee­ Coupled with thethe IIrotesquelygrotesquely Rep.ep . WillWilliamiam DDelahuntelahunt (D_Ma"".)(D-Mass.) isi. concluded.concluded, "··It"It's limetime toI" aaboli'hbolish .i",ilarlysimilarly ddi,n,i"iv<:ismissive ufof lthbee Framers'F,..me,,- hba...d·and­ thIht:e El£Ic"<"loralectoral CollegeCollege aaOOnd cocoonlunt exaggeratedeUligerated powers now claimed by ;"'urk.iwork. ""Fuo-For mmonth.onths I hba,,,ave t",Il.dalked w",ithith "01·col­ thIht:e vo"01""tes of allall AAmen".n,mericans inin the presidency, elimination of01 the 1"""8u,,",leagues w,,'ho00 share.J>an:dd mmyy eum."Cmconcern ththatat tthi,his pproSidc:nlialresidential eeleeli"",,"lections." ccouldould bbee tbethe y=year wben when thtbee dectoral electoral vo'"Olete ThThee llefl-"Ingeft-wing LLeagueeague of Electoral College would putpul additional coL~"'tnldic'"ntradicts thtbee p""""Iaropular w,,;ll.~ill," =,)Ied recalled RRepep. WWomenomen VVOlersoters stSlnldruck a . si,imimilar lor impetus behind thethe transformation of DDelahuntelahunt in a NNm"Cmbe.ovember 10thl{hh Bfl".,,,"oston nt>OIeote iIn.n a NN(}lovemb·cmbc. er 1191119th ppres.ress (;1,1iH:Globe ""Iumn.column. "-ForFor yy.~rs_ears, mmo,tost Ameri·Ameri­ rerelea",lease, .•assailin,,..iling g thIhee EF..Ilec«:lonl tora l the office Iromfrom thatIhat of01 a constitutionalconstltutionaf cc.nsans havha"ee ignor<:dignored thtbee ElectEI«'<>n1oral CollegeCollege asOJ CollegeCollege as a, fe•• aturtun: e of a ""lIorse­horse­ executive to10 thatthat of01 an electedeiected dictator.dictator . a• ru.rml"'"harml ess nuinuisance. ..n ec. NNO!ot ,ny"""" anymore.. TT'hche and·buggyand-buggy el«:'i""election .y~em··system" ththatat collisioncollision between thelhe electoralel«:'01111 vvoteandote and Iht: the iI~s o(}l'omueverdue fforor ..retir" ..ement. menl. ·'It "It iIOI aoccoroln£ccording 10to ,lie the rulruleses of jujuss­· 17871787:'," DelahuntDtlahun' continued",,",,"oed.," "'hroughthrough 21"2 1st "'1"tteThe Electoral£leelon.! ColleCollegge,•. 3a curiOlI<:,oser a co""""tryuntry "'"VCS moves t"","."lnloward din:<:!direct dde",·em­ As"",iati""Association PrPresiess dddib.""ioneliberation taketa/..ess plplace.ace, aandnd AnAnd1nst ththee mrnon:ore pI"'l;'iealolitical issue ..""l s ...... are dtcided decided bbyy thIkee ElElec'onlectoral ConcS"College do",ndown t10o iti ....s pJ>'ISSionassion bha>Cdased oIH'n th,bee a:.gilattd.gitated, ooflc:"ften delib­ eo",essence:...... : "<- ·Majori.yMajority rurulc'le' ii.s a ha·ba­ era...... 'elytely mimi'informedsinformed w"him.hims of of thlIlce mmoment.oment. s.ieic lenol tenet of dcmocrocy.democracy. Thl1Iee EleElKc­' TheThe FFound'n~ounding FFathersathers underunderaoodstood th'hO!at ttoraloral CollegeCollege ...... faf~il\slil[s] tIlis this telCSI.st. jJUStust as3S" it iISs wrowron&ng ffor.1or a diC13IOl"l1h,pdictatorship oorr a LLe,',et's so:nd send a mm.s~gcessage to AmAmtricanerican mmoomhyonarchy 10to v"101,,,,iolate baba,1Csic rightrigh"s,_ itil iiOI makma~ce whateverwh",.,"cr totalitarian100~1;'arian mea­"",a· profoundlyprofOUndly d""gemusdan gerou s notion001''''''s th'h.,at ~u""Ihc:ysures they imposeinll""" .nyany more"lUre palatablep.101oblc,. "',,"have bbeconleecome embc<:klcd embedded in our",or pp<>­o­ "From thth.i.eir va,.,..tst knowledge~IIO\\ ledge of hih1510ry.story, liticallilical diso:ourse: discourse: ThTht:e ideaidea thatIII.:" our"." thtoce AmericanAnlt"""n Founding FatherFatherss knew that'hO! nnalionation was inIntendedtend ed ttoo b111:.e a ""dem·dem­ unlimiledunlimited ppoli]i",,1olitical ppow~.ower C""1IOlcann ot saS.11~lyfely bebe­ ooxrncy"cracy" a;mdnd Ihal that 1ncthe prp""ioJcntesident ii.s trutru"edsted 10to an~IIJ""~yone - not00110 to 3ppolntedappointed offi­ ssu~upposed to bhee • a vessev""""ll of thelhe daiscials of govegOI tolu th'oce pepeopleople cepucepts are are cn.;",lyentire ly aalienlien to10 th'hee coR·con­ ththenlSCh-n:'emselves," o~"....tbserved ccon''''''''''''''1onstitutional scsd,,~.hol­ st,ntult"",1itutional sy.lcmsys tem as.. dc.i~neddesigned bbyy aatr DD.nan SmootSmoot. ""lienee.Hence, thlocyey d,It;vievised ..."tl. a sys'Y"­ co thlhee FraF","",,,,mers . t1<'mem 10to co<""trolntrol ppolltlC,lolitical ppowerower bbyy didi,!"""in!,spersing Qi ~~~ !!I!I!I ..;.;! ~ i.ii.I ~ "Majori"Majorilyty ruruk:"le" i. is indindeedeed a bbaa-_ itit;mdand bbal"""ln,alancing i1150t so thIbaIIOl'at too muOHiehch p1'0"'.'ower "'" a: s,;cic 'enet tenet of dcnlOC""'Ydemocracy.. ThThee cocoolduld n"'"ot bbI\y"""nyone plpi"",,:'ace." Clillt~ ~iIIc.1I Clinton. ..'s agOagenda.... : TheThII mmowove to10 redislribUlt redistribute political F ramers.... mo:rs of ththee CConstitution.onstitution, hbowow-· ThT'hce sys')'Slemtem cr"rea'elleated byhy th.hee FoundFoundersers ~l to ~ urban """II". 110m ,"",I Amo,ic:a tty w~ Of powerto the urbancenters from rural America by way of eve~'"C'.r, undundernW>diRgerstandin g h1\0\0ow' ddemocr.l­emocra- cocoulduld uusefullysefully bbee thlbou~hlought ooff asu>. a "-mimixed~ ed abOHsninQabolishing thetnt electoekctmlral coUeo8 college has11M ttmhe SUWOrisupport 01 of HHdta.yillary dc~c"enues govgOWmmtnl:'ernment," combinicombiningng ede",,,,,,,,lements of pp0p­op­ cmtonClinton ., In lie!her firstr.rsl publicputHo: appeaappWa11Cerance as~ senator'" senator-elect cy r"'pidlyapidly degenerates intIntoo mmobob ulular.ar, ariat1$1ocr:IlIC.stocratic, andand m"",".n:hie.1onarchical gS'WC"TJI­overn­ from!rom NeNfflw YorkYolk., cWntonCl inton a>I11flOUno;!Idnnounced thilia!at oneIInI of01 her ffilStirst rulrulee aandnd tlocnhen iintonto tIyr.u,"y.yranny, crcrealY'f'lJl:>lirrepublic -_ a goveV'vcmmcntrnment of llowaw mtnt.!n 3 c"",lItuII""al fr:unewo.k. Thc CongressmanConores~man Mike McNultyMcNulty's's (D-N.Y(D-N.Y,1.) billbill tot(I abollbokshish the -_ dc.l~ned designed 10to prprot:~,otect thetile rightngl'"s of frUnellUnSunctions ass""";tnc-Jigned bbyy th~,ee C""Slilu"""Con stitution to EledmaiElectoral CotJeoe.College . ththee individual.individual. As J:uncsJame s MM>

THE NEW AMERI CAN • JANUARY 1, 2001 13 __i.iii;lld£id.j,Ii:!jj"-111------

genttI"n' warningw ... nintl aboutKb< ... , how the'he the,II/: ExecutiveE.c"Cuti,"C should>thould personifyperwnify thelhe "will"w)1I ofnf "To~ To abolish thethe Electoral College in lavarfavor ""b"lin~leveling .piriC· spirit" thatUI.Id animates.nin",'"" the'he peoplepeopl . ."... InIn the,he """"on section setting"'!l;n~ forthfonh the"'" democracyd"",,,.:r...::y caneKn leadle.d to,,, concept<''''''''I'' of FiihrerprinFlIh'''I,rill::JPzip (the(Ihe: "leader"lewr prin­pnn­ of a nationwidenationwi de popular election for monarchicalIK",a",ilic.1l -_ or eexecutive. ceu,i,,, ciple")<-iple'")., the,he NaziNail Party'sI':li,,,,.despotism. explained:""pl,ined, "The'"The FUhrer-ReichofFuhrer-Tt.ich of"'" the peopleprople "'"fh<:There ... isi,. a naturaln"lUral inclina­.ncitna­ is"founded founded on 1M the recognition""",,,,ttlon thatIha. lIle the truelrUe ofolthethe federallederal sstructuretructure laidlaid outoul in our tionlInn in mankind to Kingly willWIll of the people .. . in,n itsilS purepo.re and uncor­"ncor ConstitutionConsmutlon and would lleeadad to the Government,"Oo.n~nt:· observedFranko/l!!:ervrd Prank­­ ruptedOJpted formfonn can only0Il1y be expressed lMOUSh through linitn durin~during the,he June 2nd ses­~s· !hethe. FUhrer....Ritu-.:r .... He shapesshap<:s the,he collectivecoll«ti,.., willw ill nationalizationnatlonallzallon of01 our cecentralntral government sion.s,on. "They"Thry had ratherrathrr haveha"e of the peopleprople withinwll1l,n himself....h,m~lf.... [His]IHisl pow­pOW­ one011() tyrant'yran. thanlhan five hundredhundm.!.. er.. is not!lOI limitedlimiled byby checkschec ~sand and controls ... - to the dedetrimenttriment of01 the StatesStatu ...... ".. n It givesS"'es moremo ... of thelhe appear­apptar butbit, is free and independentindep<:ndem,. all-inclusiveall-iodusi"e - William CC.. KimberlingKi mberling anceane" ofor "'"1,,"lilyequality among.mung Cili· Citi­ and"nd unlimited""limited"'." FFederalederal Election Commission zens,'.en .. and thatlh .. they,hey like. II a'" am InIn recent""",n' decadesdrcades the,he office of thellle presprts­· apprehensive'l'P"'N:n.i"" thereforethen:f"", .....•. thath>.l ident hash" come 10 to acquire""'IU1re many of the,he fea­fe,,· the,he GovernmentO""ern",cn' of theseIhc.", turest""'" associated",,,,,,,,.,.d withWllh dictatorshipd,etatouhlp.. "l"lmThis amonganlOOg three!hrce branchesbronch,,, -_lcgi,legislative,la!i,·c, exec­cxc'<:­ States,St.'''"', may in futurerUlu", times,,i ".".. end in a• Monar­Mom ...· trend,n;nd hash.. escalated..,.,.latod dramaticallydr"llatically duringdurin, thelhe utive,ut""'. andjudiciol- and judicial - with"'itlt theIhc legislativel.gi,lati>e ,hy:'chy." ThatTI,u, .u"hsuch a monarch"'on... · d' would... "uld be an second••: .. ""d Clinton term,'en". duringdunn! whichwh,ch the,he or­ op­ branchbronch itselfil~lf split between the HouseHou~ of elec,edelected ruler,uler would...ould be of littlelillie comfort,le: the'he a• king~ing in a hundredhuoored who would""",Id not1101., if he penJl<'n.. Law of the,I", land.lond. KindaKi"d. cool.coul."" Cou­Co,,· Senate~n'le waswos orj~in.llyoriginally electedeleclCd by the state..ale could.could, follow the examplee~ample of Pharaoh,Pharaoh. gel get pled withWilh theIhe grotesquely~rotesqucly exaggeratedc,a~ser.ol"d legislatures,legislature>. to ,ojllesenl represent thetl'" interestsinle,c,I> "ftl'" of the first('hI all..Tllhe the people's1'<:01'1<:', 1II0""y.money, thenII",,, all.1111",i, their powers1"","0" now"ow cI.i,,,.dclaimed by thed,e presidency,pn:>'dcncy. variousvarious 'I.tes. states . The ElectoralElecloml CCollegeollese ­_ I.,lds.lands, uooand lben then makemol.e themlhem ando,ld theirlheir chichil_l­ eliminationolimin.tion of the ElectoralElcctoflll CollegeColle~e would composed of officials chosen by the states~lale' dren "",,'o,,1S servants forever."(OscCe ofof''!he "the 10001iS! totalist stateSl.te JustJUII as"" importantly,Impon,ntly. Ibrol'ghthrough thelhe Elec­Elce· the,he voters"010'" c." cast babltll'M"llots forf"r ei,I1C1 either thelhe C.",,· Com­ iinn AAIIlcricu:'merica." "In history,hisMy.lhe the developmentde,,,lopmcnt toraltoni College the prlSocialist (Nazi)(N ..... i) party.pany. of 'direct'di""'l democracydemocracy'' -- iinn wwttichhich the leaderleader presidentpresidrnl was concontrolledtrolled by theIhe ""e states•. , AsA" measured"",",un.. d in purelypu,dy democraticdom"",",ie terlerm,.ms, communicatestoadnstead of beingbe,"~ c~" chosen (and controlled)COOIl"QIIM) by ment,""'"". whichwhICh wowoolduld .Iw;Itle inIn1ermerytermediary organizationsOll:anlzauon, such as ... an itsiu powerspowrrs at"' the,he expense""p<:nse ofnflhe the states"'"'0'.. ThisThi. masked,"",,~c..! in cupT-.:-miSlic euphemistic languagelanguage.. HitHitlerler ­­ ElectoralElc<:toraI C College ollr,e - hasn", d, distinctly >unetly ominousominoo s same,","'" arrangementarr:\n~o""'nt tth.lthat wouldwo"ld protectpf01c"C"hcthe havingh.vi,,~ wonw"n a domi"'n1 dominant pluraplurnlilylity - wasw3$ ununde"on",:'dertones," observedobserv<:d GeyerGeye' in herhe, No­N1"lso appointeduppuinlColished what"'h~t tthe:he phph"'rase..... canca" be traced' ''''"... ..! to,,, Italt ~lyly duringdurin! thed", democraticde,"""""ie executivee,c"Cu,ivc despotismde,poli'tn.. remainedremainepoIi,m" seems...."",.Iike like anill' oxymoronO~yllloron.. How­How­ possessedpossess.td a mKhanismmechanism like theIhe ElectoraElecl"",l1 hholdold 0\"'" over tthehe ItalianIt..Ti,,,, people. InIn CubaCub.l., fromffom ever,~'·er. the FoundersFounders wereWert qune quite familiarbmHi", with College waswIIS originally designedde,isned toto be,be. lhethe very beginningbeglnn'n~., Fidel Castro defineddcfinc~l thelhe way ;0 in which ancient:me;"nl ~m3gog"e..demagogues like Hitlerfltlle.''s. ascent,.!",en'lII~y may haveh.. e been prevented.pre,·eOleey;" a 'spon"ron­­ bribingbnbin, the massesmasse$ "'un with o,he,other I""'f'le·.people's did not'M~ wantwu"lto to be slaves,Ia'.." any""y moren~ 1han than the taneoustanrou< approval"PJ>fO".1 of the,he massesmasses;,' andand. a property.Pl"OiXny. In remarksremMb to10 the 1787 Philadel­""iladoy.. But8Ul manymnny were 'constant'coos""" plebiscitepleb':lCIle of publicpubhc opinionopinion.': ".. phiaphi3 C Convention,on'"<:ntion. Elbridge[llbndge Gerry(lerry of Massa­~,;"''''­ ignorantig",,,"".nl of HitlerHiller'.'s true!rue intentinlcnl aandnd were RReeferringfemn~ to10 lhe the growing~row'n, trend acrossaero," ch"~us.chusetts, inIn warningwornin~ aboutabo'" the,he evils "f of an swayc..!swayed by hisbig demagogdc,naso~uery.uery. They were.. ere thethe United StatesStairS towardI"",aro variousv.nous formsform, of "excess of democracy,"drmucracy:' madem,de specific promisedI"""'iscd securitysccuri!y and greatnessgreatne" and.nd givengi"e" "direct"dir«t democracy,"drmocracy:' ProfessorProfes'lOl" Laurencei..auren"" mentionmon' il\n of<>f "the.~"" dangerd:u\s<" of<>f ,hr. the levelinglevel, og spir'1'''­­ totalitarian,,,,.Iiton,,,,i,mism instead.in,'e",1. BernsBe,"< of St.SI. John'sJohn's CollegeColl.~. warnswarn' thatIn.l1 ourOIIr itII"" -_ Ihe the plunder-lustplu",Ie,_lu,1 lhalthat inspiresimpire. mob Hitler'sHille,s Nazi PartyParty., like proponentsproponen .. of" of a nanationtion isi. headedhea

1"4 • JANUARY 1, 2001 The 1800J 800 electionelecl;on., whichwhkh ended~nde.:l der HamiltonH",nill<>n putpul itil in'n ThTIt~e Ff"ffl~mJ/sr.ederalist, NoNo.. inin an declor.tl electoral ttieie betweenbel"'= lbonwTho mas 68.68, "'~thce iilnmed;alemmedia te electioelecbonn [oflor tthehe presipresi.­ Jldf"",,"efferson an.ndd AaronA3fOI1 BuBUIT.rr, " was'a. ddent]ent] s,J,ouldhould be mademade. by men mo11'10>1st capacapo..­ thrownIhrown 10 to the House for resoresolutioo.lution. bbkle ufof aananalyzingi)""ing tthehe quaquatilltslities adapIldlptedted to10 the!he BBOIhoth Jefferson aandnd BurrBUIT rerepresenledpresented sSltation~ Iion aandnd ac""Iinllting undunderer cidrcURlSr.,>CC8rcumstances fafa.­ ththee flfledilliniledgling DDem«,otic.emocratic-RepublRcpubli. i­ voraV<.>r.'Ibleble 10 to ddehbernlion.eliberation, andlInd t10o a jjudiciousudicio us cancan PP01ly.arty, annlldd "'erewere perceived""rccived as.. comb,n3liQIIcombination of aaUll tthere.son,he reaso ns andalld iindnee_nduce­ runningrunni~ on the sameso.mc tielel. ticket. AfterAn., 36l6 mentmenlss which.... hich were proper to10 govern/IU"'m theirI""i, ballott>aUOIS.s, Jeffersonltfferron prepre.ailed,vailed, and choicecbooco.." .. One of the principalprir>eip.o.l advantageod\.... nl~gess to10 BurrlllllT becamebe<:ame hishi. vice president.p,,'sidcnl . A.....s this110" sSYSlem.ystem, ininsIStedsisted Gouvc,r>eueGouverneur MorrisMorris., a reresull.sult, thethe 12thI2lb Amendment.... rncndmenl -_ wa.....s S "that"tb31 of takingt.:I~in.ll awao.... y thelhe opport"Pl">r!uni,yunity forfOfCabnl:' cabal ." "As"A$ sspecifiedpecified inill thelbe C".m;tu_ Constitu ­ t(ion.-ion," writes... ntts RRlIJ\daliandall G. HHoloome.olcome, a""n «ooomisleconomis t atal FlFloridaorida SSialetate UUn;·ni­ ve.... rsity,l'SIly. ""thethe e,,1«lioolection processproce .. s"""'IJhould resemble tthehe way thatIh:tl a searc..,,,,,,t.h co"""""m­ mitteem,tree mightmiehl ssen~erve to10 locatelocale. a hhigh.igh­ "'nrankingki ng corporatecorpo"". (Ot(or 1l0",rnmentgovernment orUf academicacademIc)) adminioommiStrnlOr.strator. The committee,commll1ee. likehk~ thethe: electorald«tOfllI col­col· lege, would developde",1op a listloll ofofcandi candi­. dadok:>.tes, andnnd thelite CEO (or bureauI:o.rrea ... chbier. ief, bibiscitatyscitary democracy.democracy, totalitarian100I.Ii1ll.rian Iism."potism ." diJidal"date frofromm thIhee lihSI:'st." HHo1com.solcome's FisFi.he,her Ames,Alii",•• a co"ong'clhat to10 ththuS<:ose who... ho haveha"e been suck.uckledled oonn "Every"Every .,ep step ...... lowantstowards a moremon: comcom­­ piouspi"". platitudeplatilu ....., s about.houl ""<>IIrour democ­ plele.plete , unmixedunmi. ctl democracytkmoc,..,y ii.s an .>d. ad­ racy,"...:y:' i.is quil<:""""",quite sound . TheTho FramersFr.\mer!I v....ance "'" towardsI"""'nh destruction,leMruclion;; it isIS tread­lre.>d­ intendedintended that""'I thed", presidencyI""'idcncy would....,.,Id Lesson from the past: TheGerman peopleof the 1930s ing where thelhe gmund ground is" treacherouslre",,""roo..< and and be a significant,signi r,,,,,,,,. bbulut necencc.,,",arilyssarily sub!rul>­­ "'''''n: did notwant to be enslaved byatotalitarian regime, and excavated for an explosion. Liberty has ""ca,.. ,ed for an e'plO'!ion Libeny 11M so Hitler and the Nazis masked their diabolical intentions ordinate,ordinale. officeollice -_ an executiveexeculive never.... ve' yet lalastedsted long In in a democr:ICY; democracy; with democratic and egalitarian euphemisms. Hitler, for taskedu.st.:ed to10carry carry outoullimitt:tl limited and well­well· nor1101" hasn." It it evereve, ~nded ended in anything~nyth'"' betterbe"~r exam ple, declared that he re presented the"will of the defidefilledned dduties.uties, ratruthe:rher tthanhan the~ .... ru""Ie,ler thanth.'\I\ ddUpoIism:'espotism." people." The Ge rm an people, swayed by Hitler's orof a cectmrnlizedntralized ppoliticoliticalal sys.y>icm.tem. demagoguery, remained ignorant of the true intent ofthe OneOne ccrucialrucial aadVl\nla~edvantage of ththee No NationalNallonal ElectionsEl eclioM Nazis. Had Germany possessed something akinto the elec'Qn\elec toral s$ystemystem overOVer direcdi~1t elec­el~ ­ IInn the s'ySlemystem designedde$ICned by the FramersFnme" Electoral Co llege as it was orig inally designed , Hitler's tion,lioo. JJamesames MadisonM:ldlson observed inin of tlhehe Conslnol;on.Constitution, lhen:there werewen: 10 to be nono risemay have been prevented . 11823.823, is tthOihat "although~x l lhough generally~.nenlly national"""on.1 electione,,","onss. AAss originallyonglnally speci'J>CC" ­ they are the mere"",re mouthsInOII'hs of theirliIt,e fiedfoed in ,he the Con,UluI;on. Constitution, cl«:t"'"electors "were .. re chocha­­ which..'hielt require""'IU''''''s th~1that each"""h electore1<:,,'''' castc",,1 """one conCcnsen by s"aletate g~ovemm"n"overnments through any ""'"vote forfD< preprc."do:nl.sident, andBOO a• s""1''''''".eparate vrut<:ote for """"lim,,,sometimes totu theirIkir own judjudgment.gment, guided metmelhodhod dccmL"y by themlhem 10 to k be al'l"'1prialeappropriate . vie.:vice presidentI"""'idcnl -__ was,..dopted adopted i,nn 11804.804. ThThoe byhy furtherfUrll...-, informationinrO,m.,ion tIh.1hat may beIx: ac­at:­ TheTho dC!.1Or:;electors would meet0""'" in ttheiheirr ren..,,,,:cli.,,spective AmendmentA",,,nd"'<:nl alal""so s.jJC<"ifipecifies .. that""" in the!he eventc"c!ll quired'1" in.'didolC receivercui,"eSs an elec<:lcc·­ pointment.pointmem. ActinActingg uuponpon tthi.his newnow informainform.·­ OIICone of ",hom whom mustmull be from anothernnOlhet '1IIIestate., 100aItoral major"",pily.ity, ththe:e winnewinne,r w",illill bbee se~1~tOOlected tion,tiO01ot bb<:e tlillill a• l1~1eate liehe receivesrecei,'es 4 a majorilY) majority) wowoulduld be presijH"eloldent.dent, iishers.shers. As before,before. eaceachh stateSIII~ wowoulduld casC:ISIt a h","ur.our, thIhalat thlilte firstr,rsl cchoi~hoice of tthe:irheir con­ron· with... ilh lhe the seoond.pl~second-place finifinishersher ssc"'i~erving aoss s~il~lcingle votemlc., IIJ\dand an absoluteabsolul. majoritymajorily slilllCntsstituents is utteruuerlyly hopeihopele ....ss, to10 StlbsiilUle substitute in vviccice prepresident.sident. If no00 candidatec"'>dt:""contenders inin. a alsai, chosench",cn 10 to ,.",'" serve as "k<"""electors -_ formfon"inging AtAI thed .... time MadiMadi"",son offered"lTcruJ thisthi, insight,in,ighl_ >J'I«'iolspecial e<1":li(>O,lection ito in which"bieb .""h each state>lalC wouldwwld ..what hal Q",.",nl>amounts to1<> a.. temporaryle"'ponot)' legilegi.I.,;",cslative thethe <:1«.,.,..,.1electoral mechani""",hani>msm ddc>;gnaJesigned byby''''' the me.""receive one VOI~, vote, and the winnerwInner would" wid be body with one specific purpose - would FramersFrarr.ers wawass alreadya1rtady being Stlpplanledsupplanted bbyy "'

other",h.r states$I.tes to followfollQW suit,smt, lest senlsent degenerateddegenmtled formform -1O"'tS- serves as an im­im · Americans must resresistist and defeat all they bebt depriveddepnved of presiden­p"",iden­ portantporr"nl saf,\:uardsafeguard againstagainSt tyrannyIyronny,. "To'To tial".1 favorsfavO/'S.. "Once thetllo. legisla­~&llla­ abolishaboIJ$h the.M ElectoralE.lt<:tOlllI CollegeCollegf inIn favorfavor of a elfeffortsorts to10 abolish the Electoral College, turestu!'e$ of ,ome some ""es states seized$e)~ed nationwidena1101lw;<\e popupopularlar electionelrruon for presidentp"",i(lenl which - even Inin its present degenerated upon thetllo. plan of deliveringdel,,"erin~ the would"'Wid strike$tri ~e at Ihe the very'-ery hearthean of the feder­f«ler­ entireenure.l«,oral electoral vote''Ole en~n blrxbLoc itil al structureS\I1IC1urc.l",d laid outOUI inIn our ConstitutionCOOSlllUUOO and form - serves as an importantImpDrtanl safeguardsaleguard became necessarynecessat)' forfor politi-politi· would\IIO\Ild lead to the.he nationalizationna.;onaliuuioo of OUr our against tyranny. cians in Olher other statesSlates to.0 imitateimila~ centralcemul governmentgo,-emmem - to thelhe detrimentdetrimenl of thatlila. idea,idea. inin order to10 preservepresen'e the,he States,"Slates:' warns Kimberling.Kimbtrling. ItII would their relative",I~.i,·e powerJIO"'er in the se-st_ alsoal.o recreate,recrea'c. in our nation,1t •• iOll •• thehc mecha,".eha_­ (alcal partypimy system. However,Ho...·••• r. even thoughloough lectionlec.ion of a• president,"pre,i""n,:' wrotewru.o RogerRogel nismstli.II" ofuf power thatIha. ehar.oocharacterized •• ri,.. -.j suchouch thelhe elecl0electorsrs ofor thatIh'l eracra were,,'c'c expectedc~pe<:led 10to MacBride in hishi. study'Iudy TheTh~ AmericanAm~ri<"pOIi.IIIS as3> NationalNali",,"1 SocialistS""ia!i'l GermanyG.m,any carry outOUt their partisanp.mIS"" instructionsIn5.=,ion, ratherrother toraLI~"" CoJll"ge.CoLLege. and FascistFasciSt Italy:I,aly; A consolidatedCilnsolid<1<111ion. addition, curren. curren t advocatesadVOC.les of To understanduoderstattCeeed. tIheyhey neednt«! tth~he ssupponupport of three­Ihree-­ mightmi~hl have happenedhappen('(! in 199619% if !.he the elec­eJ.-c· RKogeroger MacBride).lrUnde andalld Dan Smoot,Smoot. believebtlt".., fourthsfounlu of the states"otes forfor" a constitutioconltttUl;Q1L11nal tors,tOl'5. following Madison'sM.dison·s formuformula,la. had that,h'lelectlH"S electors shoI-Itoulduld be chosenchooen by coCilngrel'"ngres­ amendm."tamendment.. AsA~ thelhe mapm.,p fofoundund on 1'-'1:" page IIII taken a seriousstriO"! lookIQO~ 3t at thelIle evidence ­- sionallional districts,districts. with""IIh ''''0 two elecelectors·al·largetors-at-Iarge illustrates,iUu;cnlly stands"~nw; docs does not"ot reflectreflec, 'hethe What You Can Do Framers'Fml"""'· intentionsinlelllio"".. InsteadIn.tead., asUS William C. • Write,Wrile. c.ll. call, fax,fa,. ,,,. or e-mail..~mllil youryOU, U.S. representativereprestntatl,.., and two sestn3fOI"S.nators, aski"Skl"gng tlhemhem KimberlingKimherlill8 ofor thetlte FederalFeder,,1 ElectionElecti~n Com­Com· to10 oppose".)) Electors owing to thet~ influencein fluence of politi­pol,I;­ e~lcal partiesP"Ill.s.""." 11JeThe ""winnerwinner Iake$ takes all"aU" ~)'$I.m system • Contact your ""e state legislatorsIcgislalOfS.. ExplaiExplaInn to10 tIhemhem tthathat tthehe presiprc!Iidcnldent isi. n00""ow chosenchose" bbyy is the productprodlICI o off h two.. "() I",nd" trends: SOlootion Selection of electorsdC"CIUJ'> SCkcled selected byb) the Slate states •• andnd thatIh .. theylhey ., shohouuldld oppose any attempt'Itempl bbyy thO~e fed(.;d.­ electorsel<:<:,,,,,, by popularI"'I"'l,r vote;"0/0' andonJ the"'" adoption eral.raI governmentgo,'em"",nl to,n nationalizen'I",n"h,.., ournut electiodL""i'~I>.ns. of the electonl electora l ··gencral.ickd'"general ticket" byby,""es states • WriteW';le aU letterleller to10 thelhe «11101". editor. duringduringlhe the 1820s.18208. • DDistributeistribute copies m of thisth,~ an,de article to10 your friends,fri.:nd,. associaa,-,,,,,i"'",.tes, llocalocal service.(:!vice cldubsubs andu.nd By 1832,I S3~. mostm.".1 states provided forfOf pop­pop. "'.'os patrioticpalriotiC oq;aoiulIOIl$.organizations, newspaper""w,,,,,!,,,r editors,ctii,o,,,. talk-showIHlk·,h"w lIo,li;. hosts, "lidand federaf.derall aatt. electors, a"ndnd anWI increas­ elecl«lelected officials.oflie l ~ls. ing;ng numbernumocr ofuf states.'.'os werew.re deliveringdeli,-ering theirtlleir electors.1L"Clurs enrS300.00.Add $300.00. Add 15 pepc< postagepo.ox 8040,~tI40 .A Apppplelonleton,. ,1toIethose votes;"""'; it" .• also 1"" created incentivesineenli,'.' for WIWI 54912;S491~: by 1'''''''. phone atal 920920-749_3784;-749-3784; Ofor oonli""nline at~l W" www.the·W.IM"""""",,,ne.,nnewamerican.com..com. 16" THEIl-I€ NEW AMERICANAM£RICAN • .JANUAR'fJANUARY 1I,. 20012(J()! THE

, ) '�II Sm oot " por'

Vol. 14, No. 39 (Broadcast 683) September 23, 1968 , Texas

DAN SMOOT

If The House Elects A President . • •

House minority leader Gerald Ford (Michigan Republican) says there is a 50-50 chance that George Wallace will get enough electoral votes to keep either or Hubert Humphrey from being elected. He pleads with voters to "stay in the framework of the two-party system" this year, warning them that their votes will be "wasted" if cast for the third party (American Independent Party) candi­ date, George Wallace. Republicans and Democrats alike talk about the "two-party system" as if it were a constitutional, sacred, and necessary part of' our governmental establishment. But there is no constitutional basis for political parties in the United States. Political parties developed after the Constitution was adopted. The most notable of the Founding Fathers, George Washington, despised political parties, and warned the nation against permitting them to control the political life of the nation. Washington feared that ) when the party spirit developed, politicians would put party interests above national interests; and that elections would become bitter, partisan struggles for power rather than a political process by which the people selected the officials of their choice. Democrats and Republicans give the "two-party" system credit for the stability ot the American gov­ ernment and for the growth and progress of the nation. Yet, it is not political parties but the Consti­ tution that gives our federal government st�bility. Parliamentary governments of Europe rise or fall as the fortunes of political parties ascend or descend; but our government is designed to operate according to the fixed terms of a contract (the Constitution) which the people ordained. No matter what wild passions may rack the nation, an American administration continues to the end of its contractual term; and another succeeds it in orderly fashion. Political parties have nothing to do with this stability and orderly change. In our constitutional system, it would not matter if the President belonged to one polit­ ical party and the 535 members of Congress belonged to 535 different parties. The legitimate functions

THE DAN SMOOT REPORT is pu,blished weekly by The Dan Smoot Report, Inc., Box 9538, Dallas, Texas 75214 (office at 6441 Gaston Ave.). Subscriptions: $18.00 for 2 years; $10.00, 1 year; $6.00, 6 months. Dan Smoot was born in , reared in Texas. With BA and MA degrees from SMU (1938 and 1940), he joined the Harvard faculty (1941 ) as a Teaching Fellow, doing graduate work in American civilization. From 1942 to 1951, he was an FBI agent; from 1951 to 1955, a commentator on national radio and television. In 1955, he started his present independent, free-enterprise business: publishing this REPORT and abbreviating it each week for radio and TV broadcasts available for commercial sponsor­ ship by business firms.

Copyright by Dan Smoot, 1968. Second Class mail privilege authorized at Dallas, Texas.

Page 153 of government would continue, because they are crats and Republicans had adopted all of his pro­ limited and specified by the Constitution. posals. Now, the two major parties, though still calling themselves Democrats and Republicans, are It was not political parties but the Constitution actually rival factions of the same political group that enabled Americans to convert a wilderness in­ which should be called the Socialist Party. to the most powerful nation on earth. Our growth and prosperity would have been even more spec­ The major importance of George Wallace's cam­ tacular if it had not been for the machinations of paign in 1968 is that he does pose a major threat political parties - manipulating the policies of to the socialist power-combine which is called a government, in violation of the Constitution, to "two-party system" and which bears the labels of embark on programs that garner votes for the Democrat Party and Republican Party. parties. These machinations of the political parties �have needlessly involved us in wars; have bur­ Most pollsters, political analysts, and leading dened our e,conomy with excessive taxation I and politi cans (of all shades of political opinion) be­ stifling controls; pave eliminated many of our lieve that George Wallace will at least throw the constitutionally guaranteed freedoms.. I. electio� into the House of Representatives this year. Republicans fear that the House will select Instead of attributing America's material growth Hubert Humphrey, because Democrats control the and political stability to the Democrat and Re­ House. publican parties, it would be more accurate to say that, because of the Constitution, America has en­ This fear. is a major reason why many conserva­ joyed an unusual Vleasure of stability and progress tives are supporting Richard Nixon, though they in spite of the political parties. would prefer George Wallace if they thought he had a chance to win. The Republicans' most effec­ Political parties developed as a convenience tive slogan among conservatives this year is "a to assist the people in the political process of vote for Wallace is a vote for Humphrey." choosing elected officials. But when political par­ ties are so long entrenched in power that they Yet, the very Republican leaders who argue that monopolize the political process, they become a a "vote for Wallace is a vote for Humphrey" be­ major threat to the liberties of the people. The lie their own slogan by acknowledging that strangle hold of the old parties should be broken. Wallace is cutting more deeply into Democrat po­ New parties should arise. When the new parties litical strongholds than ' into Republican. In the themselves become so old and entrenched that they South, Wallace will get many votes that would go monopolize the political process, they too should to Nixon if voters had to make a choice between be replaced. Nixon and Humphrey. But in the North, Wallace will get even more votes that would go to Hum­ The need for uprooting entrenched political phrey if voters had to _make a choice between power is very great. in a nation controlled by a Humphrey and Nixon. There are millions of one-party system. And that is actually what we laboring people (union members and otherwise) have in the United States, despite all the talk in the industrial centers of the North who will not about our two-party system. Since the 1930's, the vote Republican because they have thoroughly ab­ two major parties, Democrats and Republicans, sorbed the false propaganda that the Republican have gradually adopted the policies of the Social­ Party represents only the wealthy, the management ist Party. This is why the Socialist Party went out class, the employers. These same people, however, of existence as a political entity. Norman Thomas are sick and tired of Democrat administrations. (who used to be the Socialist Party candidate for They are even more determined to get a change President in every presidential election) an­ in Washington than most businessmen are. Wal­ nounced many years ago that he had quit running lace gives them the choice they want. They are because he no longer needed to run: the Demo- climbing on his bandwagon in huge numbers.

Page 154 The Dan Smoot Report, September 23, 1968, Vol. 14, No. 39 Actually, if the Wallace ground swell continues 1969 ; or, the new Congress, which begins on Jan­ to grow (at the rate of the past three weeks as uary 3? The Constitution does not answer this the public watches Nixon and Humphrey vacillat­ question. The matter will rest in the hands of ing on all important issues ) 'Wallace will win. And President Johnson. a vote for Wallace will be a vote for the next President. President Johnson can call the present Congress back into special session following the electoral B college voting on December 16 and thus give the ut, setting aside the consideration that Wal­ present House of Representatives the job of elect­ lace can acuall y win, let us assume that, at most, ing the next President. Wallace will carry enough states to keep either Nixon or Humphrey from getting a majority In electing a President, the House votes by state (270) of the electoral college votes (538 in all). delegations, each state having one vote. A majority What will happen then? of states (26) is necessary for election. In the pres­ ent House, Democrats control 29 states; Republi­ The Constitution requires that members of the cans control 18 states; Republican and Democrat electoral college meet in their respective states and representatives are tied in 3 states (Illinois, Mon­ cast their ballots for President and Vice Presi­ tana, Oregon). Thus, a party-line vote in the pres­ dent, and transmit the results of their voting, sealed ent House would give the election to Humphrey. and certified, to the President of the . The President of the Senate, in the pres­ But such a party-line vote in the present House ence of both Houses of Congress, opens and is most unlikely. It would be an extreme improba­ counts the electoral college votes. bility if Georg� Wallace gets a huge popular vote in November. Fifteen of the 29 states whose dele­ The Constitution does not specify when the gations in the House are presently controlled by members of the electoral college meet to vote. Democrats are border states and southern states Congress, by law, has fixed that date on the sec­ where the mass of voters (according to all polls ond Monday following the first Wednesday in and signs) are distinctly anti-Humphrey. A ma­ the month of December - this year, December 16. jority of U.S. Representatives from those 15 states are also anti-Humphrey. Congress is not normally in session in mid-De­ cember. In a normal presidential election year, If George Wallace carries 8 of those 15 states, therefore, the sealed lists of electoral college votes their House delegations will probably vote against sent to the presiding officer of the Senate on De­ Humphrey - to keep from committing political cember 16 remain unopened until January 3 of suicide in their own states, if for no other reason. the following year, that being the day when the That would give Nixon 26 votes in the House ­ newly-elected Congress is required by the Consti­ enough to win. tution to convene. i If President Johnson does not call the present If Wallace does not win the election but suc­ Congress into special session following a dead­ ceeds in deadlocking the electoral college vote, locked electoral college vote on December 16, then the deadlock will be known when the popular the new House of Representatives (the one we vote is counted on the evening of November 5; elect this year) will select the next President. but the deadlock will not really occur until after December 16 when the electoral college votes are Republicans can easily capture control of a ma­ opened and counted by Congress. jority of state delegations in the House this year, if they will stop campaigning against George Wal­ Which Congress will open and count those votes lace and start campaigning on the issues -or, at and then elect the next President - the present least, start campaigning against their Democrat Congress which is in existence until January 3, rivals.

The Dan Smoot Report, September 23, 1968, Vol. 14, No. 39 Page 155 The most important vote you cast this year may support, the argument that "Wallace can't win" be your vote for the person who will represent is now manifestly unsound. your district in the U.S. House of Representatives. See that he commits himself not to vote for Hum­ At present, the presidential race is clearly be­ phrey if the presidential election goes to the House. tween George WalIace and Richard Nixon. Wal­ A switch of only 13 House seats (from Democrat lace will either win or deadlock the electoral col­ to Republican: 3 in California, 2 in Colorado, 1 lege and thus throw the race to Nixon. If Wallace in Illinois, 1 in Kentucky, 2 in Maryland, 1 in were not running, Humphrey would probably Montana, 2 in Oklahoma, 1 in Oregon) could give squeak through to victory as Kennedy did in 1960, Republicans control of 26 House delegations. because of the millions of Democrats who want a change but cannot bring themselves to vote Re­ Before committing himself to a race to the end, publican. If the unexpected should happen-that George Wallace said he would withdraw if the is, if Humphrey should win - it will not be be­ Republicans adopted a platform and nominated a cause of WalIace. It will be because Republicans candidate in 1968 that would really give the peo­ scared away a significant number of 'Wallace votes ple a change from the Johnson-Humphrey admin­ with the argument that a vote for Wallace is a istration. When he concluded that there would not wasted vote or a vote for Humphrey - and be­ be a "dime's worth of difference" between Dem­ cause Republicans offered no real change. ocrat and Republican presidential candidates and platforms, he was in to the finish, to give the peo­ Wallace has already "shaken the eye teeth" of ple a choice. the old parties, forcing both of them to make ges­ tures toward conservative positions, especially on From the beginning, Wallace has predicted that the issue of law and order. If he wins, he will the election will not be decided in the House. If have uprooted the entrenched political-power sys­ he should succeed only in deadlocking the elec­ tem. If he succeeds only in throwing the race to toral college, he will try to break the deadlock Nixon, he will force a political realignment that by bowing out and asking his electors to vote for the country sorely needs: liberals gravitating into the candidate who will, at that time, commit him­ one party, conservatives into another, producing self to certain basic Wallace positions. That can­ a two-party system which will give the people a didate is bound to be Nixon. Humphrey is a dedi­ clear-cut choice in major elections between con­ cated socialist who - however much lip service stitutional government and socialism. he may pay to "free enterprise" - will never sup­ port anything basically different from the social­ SUBSCRIBE TO THE DAN SMOOT REPORT: ist programs the two major parties have sponsored 6 mo. - $6.00; 1 yr. - $10.00; 2 yr. -$18.00 for a generation. Nixon supports the same social­ ist programs; but Nixon is a political weather­ vane, astute enough to yield if he sees the winds Please notify us of any change of address before of public opinion blowing in another direction. you move. With increased postal rates, we no longer can afford to remail issues returned by the Post In short, if George Wallace deadlocks the elec­ Office. toral college this year, Nixon, in all probability, will be chosen the next President - whether the election goes to the present House or to the new REPRINTS OF THIS ISSUE House, or is resolved by compromise (for bulk mailing to one address): in the elec­ 1 copy $ .25 100 copies $ 6.50 toral college. 10 copies 1.00 200 copies 12.00 25 copies 2.00 500 copies 28·00 50 copies 3.50 1000 copies 50.00 But Wallace is not running just to harass and Texans Add 3% for Sales Tax influence the old parties. He is running to win. THE DAN SMOOT REPORT TAYLOR 1-2303 In light of the fantastic growth of his grassroots BOX 9538 DALLAS, TEXAS 75214

Page 156 The Dan Smoot Report, September 23, 1968, Vol. 14, No. 39 THE o IJ(/II Sm oot lIeport

Vol. 12, No. 47 (Broadcast 587) November 21, 1966 Dallas, Texas

DAN SMOOT ELECTORAL COLLEGE -- PART I

t is doubtful that a President of the United States has been legally elected during the past 134 years.I It is historical fact that, of the 36 men who have been President, 14 (more than one-third) were minority Presidents - that is, they were not supported by a majority of the people who thought they were voting for a President. The Constitution gives each state as many electoral votes for President and Vice President as it has Senators and Representatives in the U. S. Congress. Each state, regardless of size, has 2 Senators. A state's representation in the House is determined by the size of its population. The least populous states have 1 Representative each. The most populous state has 41 Representatives. In all, the 50 states have 100 Senators and 435 Representatives in Congress. Hence, they have 535 electoral votes for President and Vice President. The 23rd Amendment (adopted in 1961) gives the District of Columbia 3 electoral votes - making the total electoral votes 538. To win o an election, a presidential candidate must receive a majority (270) of electoral votes. The Constitution requires state legislatures to appoint presidential electors. The first seven Presidents were elected in compliance with this requirement (George Washington, twice; John Adams, once; Thomas Jefferson, twice; James Madison, twice; James Monroe, twice; John Quincy Adams, once; and Andrew Jackson, for his first term). By the time Andrew Jackson ran for his second term (1832), political parties had become so strong, and partisan feeling so bitter, that political parties, which controlled state legislators, began usurping the legislators' duty to appoint presidential electors. As the system now works, political parties, in national nominating conventions, choose presi­ dential and vice presidential candidates. In state conventions (or in meetings of state central com­ mittees), the parties choose electors pledged to vote for the party candidates. Only 3 times since

THE DAN SMOOT REPORT is published weekly by The Dan Smoot Report, Inc., Box 9538, Dallas, Texas 75214 (office at 6441 Gaston Ave.). Subscriptions: $18.00 for 2 years; $10.00, 1 year; $6.00, 6 months; first class, $12.50 a year; airmail, $14.50. Dan Smoot was born in Missouri, reared in Texas. With BA and MA degrees from SMU (1938 and 1940), he joined the Harvard faculty (1941) as a Teaching Fellow, doing graduate work in American civilization. From 1942 to 1951, he was an FBI agent; from 1951 to 1955, a commentator on national radio and television. In 1955, he started his present inde­ pendent, free-enterprise business: publishing this REPORT and abbreviating it each week for radio and TV broadcasts available for commercial sponsorship by business firms.

Copyright by Dan Smoot, 1966. Second Class mail privilege authorized at Dallas, Texas o No Reproductions Permitted. Page 225 the party system developed has a presidential elec­ tors; 20,210,000 for Candidate B's electors; 2,365,- tor voted for the presidential candidate of his 000 for all others. In all other states, Candidate choice, rather than for his party's candidate. This B's electors get all votes. This means that Candi­ happened in 1948, 1956, and 1960. date A's electors get a total of 20,425,000 votes; Candidate B's electors get a total of 47,210,000 In some states, candidates and electors are listed votes. Yet, Candidate A is elected, because his on ballots. Most states, however, have too many electors got slim pluralities in enough big states electors to list; so, just the names of presidential to give him a majority of electoral votes. and vice presidential candidates are on ballots. A distortion of that proportion has never In November, every leap year, voters go to the occurred; but distortions of that kind occur fre­ polls, most thinking they are voting for presiden­ quently. tial and vice presidential candidates; but they are not. They cannot. Voters vote only for presidential Consider the most recent election of a " minority electors, whose names are often not even on the President." In 1960, Kennedy's electors received ballot. Hence "presidential election day" is not 34,227,096 votes; Nixon's electors, 34,108,546; the day when a President is elected. It is a day others' electors, 461,822. Thus 343,272 fewer when presidential electors are elected. The presi­ voters voted for Kennedy's electors than for his dential candidate whose electors get a plurality opponents' electors; but Kennedy received 303 of (highest number)of popular votes cast in a state the 537 electoral votes that year, because his elec­ on "presidential election day" will later get all of tors received pluralities in key states. that state's electoral votes. Later is mid-December, when elected electors Minority Presidents are not necessarily bad. meet in their respective states and cast their votes The evil of our present method is that it converts for their party's candidates. Early in January, the presidential elections into huckstering contests, in electoral votes from all 50 states and the District which political parties barter the interests of their of Columbia are opened and counted at a joint country for controlled voting blocs that can give session of Congress. This constitutes the official them pluralities in key states. election of the President and Vice President. Consider some examples. In 1944, when Roose­ velt ran for a fourth term, the contest between him and Dewey was close. Managers of both political Under this system, it is possible for a candidate to be elected President, even though his electors parties anticipated that the outcome would be received only a small percentage of the total pop­ decided by the electoral votes of four populous states: Illinois, Michigan, New York, Pennsyl­ ular vote. vania. Public sentiment in those 4 states was as Using statistics from 1964 (rounded out for evenly divided as in the other 44. Hence, both simplicity), let us see what could happen. In 1964, parties concentrated on strong special-interest 70 million votes for presidential electors were cast. groups in the four key states. Of these, 27 million were cast in 39 states; 43 mil­ lion were cast in the 11 most populous states and In 1944, Jews constituted the most significant in the District of Columbia - which, together, special-interest group in New York. At that time, have 271 electoral votes, enough to elect a Presi­ Palestine was a mandated territory controlled by dent. the British. The zionist movement (centered largely in New York City where there were more Imagine a future election when the 43 million than 2 million Jews) was strong. Zionists wanted votes of the 11 most populous states and the Dis­ Palestine opened for unrestricted Jewish immigra­ trict are split: 20,425,000 for Candidate A's elec- tion, so that Jews from all over the world could

Page 226 The Dan Smoot Report, November 21, 1966 (Vol. 12, No. 47) go there and form their own nation. Enormous roll. Roosevelt's plurality in 1944 was 3,596,227; dangers were involved, because a Jewish nation in persons on the federal payroll, 3,465,420. Palestine must necessarily be carved out of the heartland of the Mohammedan world. Moham­ In the 1948 contest between Truman and medans and Jews burn with ancient animosities. Dewey, also close, both parties again tried to Bidding for zionist-influenced Jewish votes in placate the general public with sops and broad New York City, both political parties in 1944 put promises of something for everybody, while pin­ "Palestine resolutions" in their platforms, promis­ pointing their appeal for special-interest votes in ing to use the power and prestige of the United key cities of key states. Their principal appeal was States in support of the zionist movement. The to the Negro vote in large northern cities. It had result was that the 79th Congress passed a resolu­ become apparent that a few thousand Negro votes tion calling upon Great Britain to open Palestine in one city of an evenly-divided state with a large for unrestricted Jewish immigration. Soon there­ electoral vote could determine the outcome of a after, the British dumped on us the responsibility presidential election. In 1948, the Democrats' of protecting Palestine. Israel was born. Support appeal to the Negro vote was more effective than of this socialist nation has cost American taxpayers that of the Republicans; and Truman won, though more than a billion dollars. Support of Arab refu­ he received a minority of the popular vote. gees from Israel has also cost us millions; and Many people thought we had stopped the bar­ Palestine remains a loaded bomb. tering of our national interest for political gain Whether the zionist cause be considered good when Eisenhower was elected in 1952, but the or bad, the fact is that, in 1944, when we were in situation grew worse. The race problem became a the third year of the most terrible war in history, major American tragedy when the Democrat Republican and Democrat parties gambled the Party, under Roosevelt and Truman, adopted, for security and welfare of our nation, planting seeds political reasons, the communist program of racial of future wars by meddling in the affairs of for­ agitation. The problem became a national disaster eign nations - for the purpose of getting Jewish - transforming peaceful communities into cal­ votes in New York City. drons of violence - when the Republican Party, under Eisenhower and Nixon, launched a political Labor unions and Negroes constituted two other struggle to win organized Negro support away powerful special-interest groups which controlled f rom the Democrats. significant blocs of votes in the key states of Illi­ nois, Michigan, New York, and Pennsylvania in 1944. Both Republicans and Democrats catered to Effects of political parties' bidding for bloc the unions and both put "FEPC planks" in their votes from minority groups, present in all elec­ platforms - that is, promises to use (unconstitu­ tions, are most noticeable in close presidential tionally, of course) the power of the federal gov­ contests. Consider, again, the 1960 election. ernment to force the hiring of Negroes, without In the State of New York, Republican electors regard to merit. received 22,510 mote votes than Democrat electors - from a total of 7,276,504 votes cast. Yet, the As it turned out, Roosevelt's electors carried Democrat candidate (Kennedy) received all of Illinois, Michigan, and Pennsylvania with small New York's electoral votes. Why? The Liberal pluralities: 105 thousand, 140 thousand, and 22 Party polled 406,176 votes - 700/0 of them (288,- thousand respectively. Dewey's electors carried 109) in Harlem and other sections of New York New York by 500 thousand. Nationally, Roose­ City with high concentrations of minority groups. velt's electors won a popular plurality in 1944 that The Liberal Party and the Democrat Party ran was about the same size as Roosevelt's federal pay- the same slate of electors. Hence, votes for the

The Dan Smoot Rep01·t, November 21, 1966 (Vol. 12, No. 47) Page 227 Liberal Party were counted for the Democrats, ing fast in big cities of states with the largest giving the Democrats a statewide plurality of electoral votes. 383,666 votes. When the people of ancient Rome - bemused In the State of Illinois, outside of Cook County by free circuses and full of food which the Em­ (Chicago), Republican electors in 1960 received perors confiscated from productive citizens for 310,000 more votes than Democrat electors; but distribution to the Roman mobs - became so in Cook County (which contains big minority­ group voting blocs, notably the Negro vote in numerous that they consumed the substance of South Chicago), Democrat electors got a plurality the country and intimidated the Roman legions, of 320,000 votes - thus giving them a statewide the Roman Empire degenerated into rule by ruth­ plurality of 10,000 votes over Republicans, deliv­ less dictators who were creatures of idle big-city ering all of Illinois' electoral votes to Kennedy. mobs. America is fast sinking into this kind of If the electoral votes of New York and Illinois condition. One reason is our corrupt method of had gone to Nixon, he would have been President electing Presidents. instead of Kennedy. NEXT: This series on Electoral College Reform This review is not intended to imply an invid­ is in three parts. Next week, I will review the ious comparison between Nixon and Kennedy. reforms most widely supported. The following They offered identical socialist programs. The rec­ week, I will discuss the electoral system created ord of their 1960 political contest is instructive, by the Constitution - the best of all possible sys­ however. For one thing, it clearly shows that mil­ tems - and show how it could be reestablished lions who thought they voted for President had by state legislatures. practically nothing to do with choosing a Presi­ dent. The candidates were chosen by political party conventions which represent, not the public, but active party workers - a minute fraction of CHRISTMAS GIFT SUGGESTION the public. The fact that the election - in which more than 68 million people voted - was decided The Bondage of the Free by Kent H. Steffgen by a half million votes cast en bloc in the slum is a book which you should send to your entire' sections of Chicago and New York City, is a Christmas list this year. We will mail it (with gift portent of much worse to come. card enclosed) to your list at $1.00 each. Or, you Racial violence and rising crime rates - caused, can order for shipment to you at the following to considerable degree, by political pandering for prices: 1 copy, $1.00; 5 copies, $3.75; 10 copies, Negro votes - are among the reasons why indus­ $7.00 ; 25 copies, $16.75; 50 copies, $32.50; 100 trious, law-abiding, tax-paying citizens are fleeing copies, $60.00. Please send checks with orders. to suburbs, their places in inner cities being taken by persons dependent on welfare, public housing, rent subsidies, and every other form of assistance REPRINTS OF THIS ISSUE except self-assistance. These are the people who (for bulk mailing to one address) : vote en bloc for the political party they think likely 1 copy $ .25 100 copies $ 6.50 to give them the biggest handouts from the public 10 copies 1.00 200 copies 12.00 treas�ry - for the politicians who most effectively 25 copies 2.00 500 copies 28.00 50 copies 3.50 1000 copies 50.00 ingratiate themselves on rabblerousers and agita­ 2% tors in control of the bloc votes. These people are Texans Add for Sales Tax THE DAN SMOOT REPORT TAYLOR 1-2303 susceptible to coercion, intimidation, deception, BOX 9538 DALLAS, TEXAS 75214 easy promises. And their voting strength is grow-

Page 228 The Dan Smoot Report, November 21, 1966 (Vol. 12, No. 47) THE o 1J�1I Sm oot lIe,olt

Vol. 12, No. 48 (Broadcast 588) November 28, 1966 Dallas, Texas

DAN SMOOT ELECTORAL COLLEGE -- PART II

From an Associated Press story, "Aid To Politicians Up To LBJ," published by the Dallas Times Herald, October 28, 1966: "Administration leaders are confident Johnson will approve a foreign investment tax bill which carries a rider that would give both major parties about $30 million each to try to elect their can­

didates for president in 1968 . ...each individual could check off $1 of the income taxes he pays to be divided equally by the two major parties .... "Third parties such as Gov. George C. Wallace of Alabama is threatening to organize in 1968 would have rough going. They would have to roll up 5 million votes in the election before they could claim any federal financial help in the next election four years later." Johnson signed the bill - the most recent instance of government, controlled by two political parties, violating the Constitution to serve the interests of those parties. Congress usurps power, not o granted by the Constitution, to militate against anyone except a Republican or a Democrat becoming President. State legislatures, also controlled by Republicans and Democrats, serve the parties by abdicating their constitutional responsi bility with regard to presidential elections. The consequence, as pointed out last week, is that presidential elections have become contests in bribery and corruption, the two political parties buying votes with the voters' own money.

he emotional backwash of the assassination had such profound effect on Americans that anal­ ysisT of the 1964 election is complicated. Astute observers felt that President Kennedy, though still personally popular, was politically doomed, his programs stalemated. The assassination made him a martyr, and sanctified his programs. "Voting against Goldwater" as a means of paying tribute to the fallen President gave Johnson many votes in 1964. But less nebulous factors were involved, and a study of these factors is revealing.

THE DAN SMOOT REPORT is published weekly by The Dan Smoot Report, Inc., Box 9538, Dallas, Texas 75214 (office at 6441 Gaston Ave.). Subscriptions: $18.00 for 2 years; $10.00, 1 year; $6.00, 6 months; first class, $12.50 a year; airmail, $14.50. Dan Smoot was born in Missouri, reared in Texas. With BA and MA degrees from SMU (1938 and 1940), he joined the Harvard faculty (1941) as a Teaching Fellow, doing graduate work in American civilization. From 1942 to 1951, he was an FBI agent; from 1951 to 1955, a commentator on national radio and television. In 1955, he started his present inde­ pendent, free-enterprise business: publishing this REPORT and abbreviating it each week for radio and TV broadcasts available for commercial sponsorship by business firms.

Copyright by Dan Smoot, 1966. Second Class mail privilege authorized at Dallas, Texas o No Reproductions Permitted.

Page 229 Johnson's vote exceeded Goldwater's by 16 (1) F1'eeze amendment. Proposed by President million. There were more than 39 million people Johnson in 1966, this amendment would abolish receiving money regularly, directly or indirectly, electors and the electoral college, retain the ar­ from the federal treasury - more than 20 million rangement of giving each state a number of elec­ of them drawing social security checks. toral votes for President equal to the number of its Representatives and Senators in the U.S. Con­ This is not to imply that all federal employees, gress, and require that all a state's electoral votes social security pensioners, and others receiving be given to the presidential candidate who gets a federal benefits voted for Johnson. But leftwing plurality of popular votes in the state. scare propaganda about Goldwater's intent to abolish social security, and leave old people to This would forever prohibit such independent­ die in the streets, did have effect. It was obvious electors efforts as were made in the South in 1960 that a big majority of the 39 million people draw­ and 1964, when Mississippians (1960) and Ala­ ing federal benefits did vote for Johnson, because bamans (1964) exercised their right not to choose they we1'e getting the benefits with him as Presi­ between the two candidates offered them by the dent; they were not sure they would get as much major political parties, but elected independent with Goldwater. Note, specifically, that Johnson'S electors who were free to vote for someone else. plurality in Washington, D.C., was overwhelming. The F1'eeze amendment would also obviate such Since Roosevelt enlarged federal payrolls, relief incidents as one lone elector voting for the Presi­ rolls, and subsidy rolls to the point where people dent of his choice rather than rubber-stamping the drawing federal benefits can constitute a majority candidate offered by his political party. This hap­ of voters, no incumbent President has been de­ pened in 1948, 1956, and 1960. feated for reelection. The President dictates his In short, the Johnson proposal would freeze own nomination at his party's national convention; into the Constitution all evils of the present illegal and the people whose self-interest is bound to a system. In the present system, organized special­ continuation of his administration do the rest. interest voting blocs in a dozen large cities can These facts help explain why the Constitution control a presidential election. Most big-city polit­ forbade federal officeholders from having any­ ical machines are controlled by Democrats. Hence, thing to do with selecting Presidents - why it it is obvious why Johnson wants the system made created a system that separated and insulated the permanent - and why such people as Robert process of electing a President from the dema­ Kennedy support Johnson's proposal. Robert goguery, bribery, and corruption that are ines­ Kennedy says that a switch of a few thousand capable features of the illegal system we now use. votes in key states in 1960 would have been "tragic," because it would have given the election to Nixon. Kennedy, like Johnson, wants to obviate he present system is so bad that almost every­ the possible "tragedy" of Democrats losing their oneT agrees it ought to be changed. special advantage in presidential elections. More than 200 efforts have been made in Con­ (2) Di1'ect election amendment. Also approved gress to reform our electoral college system by by left-wing demagogues, this amendment would constitutional amendment. All of these, while abolish the electoral college and provide for direct showing dissatisfaction with the present system, election of the President by popular vote, without also rest, necessarily, on the erroneous assumption regard to state lines. This amendment could be that the system provided by the Constitution is the final blow to the federal system created by unsuitable. Some 10 proposed constitutional our Constitution. amendments were pending when the 89th Con­ gress adjourned in October, 1966. They fall into The most critical problem involved in a con­ four categories: federation, federation, or union of states or nations

Page 230 The Dan Smoot Repol't, November 28, 1966 (Vol. 12, No. 48) is that of balancing representation. If small, thinly Candidates would tend (as now) to cater to or­ populated states are given equal representation ganized voting blocs, largely ignoring unorgan­ with populous states, a small minority of people ized general voters, hoping thus to get at least can dominate a huge majority. This condition now 400/0 of each state's votes - enough to win an exists in the General Assembly of the United election. Nations, where two little African nations with a The Proportional amendment is far less objec­ combined population of less than 1 million have tionable than the Freeze amendment or the Direct twice as many votes as the United States with a election amendment, however, because it would population of 193 million. On the other hand, if place emphasis on statewide, rather than on nation­ states are given representation solely on the basis wide, special-interest groups. It might even achieve of population, small states have practically no some semblance of a balance of power between different groups in various states. Though v01Ce. undesir­ able, this would be a better system for electing Framers of our Constitution devised a magnifi­ Presidents than what we have now (and what we cent means of balancing the power of big and would have under the two other types of amend­ small states - keeping large states from politically ments mentioned) : bartering the national interest swallowing up small states, while preventing for the support of one or two of the biggest nation­ minority populations in small states from domi­ wide voting blocs, thus virtually disenfranchising nating majority populations in large ones. All whole sections of the country. states, regardless of size, have equal representa­ (4) District amendment. Senator Karl Mundt tion in the Senate. In the House, their represen­ has been sponsoring this proposed amendment for tation is based on size of population. This same many years. It now has strong support from con­ balance was prescribed for electing Presidents. All servatives in Congress (men like John Tower and states have two electoral votes for President to Strom Thurmond), from some who are known match their representation in the Senate - plus as moderates, even from a few liberals. It would enough electoral votes to match their representa­ keep electors and electoral college, requiring the tion in the House. election of two electors from each state on a state­ (3) Pfoportional amendment. Introduced sev­ wide basis, just as U.S. Senators are elected, all eral years ago by Henry Cabot Lodge (then Re­ other electors from the state to be elected (and publican Senator from Massachusetts) and Ed counted) on a congressional district basis. Gossett (then Democrat Representative from The Distfict amendment would minimize both Texas), this amendment would abolish electors nationwide and statewide catering to special­ and electoral college, but keep the electoral count, interest groups. It would produce, in the electoral requiring it to be divided in each state in exact college, the same proportion of political forces proportion to the division of the popular vote. If that now exists in the Congress. Some districts in Candidate A received 500/0 of the popular vote a state would elect liberal electors; others would in a state; Candidate B, 400/0; Candidate C, 100/0, elect conservatives; and so on. Thus, it would the state's electoral votes would be divided among eliminate the winner-take-all evil of the present them by those percentages. There are 538 electoral system, while avoiding undesirable features men­ votes in all. At present, it takes a majority (270) tioned in connection with the other types of pro­ to win. The PfO portional amendment provides that posed amendments. 0 of all electoral votes a candidate receiving 400/ The District amendment has one flaw in com­ (216) could win if no other candidate got that mon with all the others, however: it would abolish many. the original constitutional method of choosing a One defect of this plan is that it gives too much President - the best method that could possibly political power to statewide special-interest groups. be devised.

The Dan Smoot Report, November 28, 1966 (Vol. 12, No. 48) Page 231 On October 17, 1966, the Supreme Court refused In addition to some 200 fruitless proposals to change the electoral college system by constitu­ to hear the Delaware case. Though inconsistent tional amendment, there have been many other with previous Court decisions forcing state leg­ attempts to alter the operation of the system. The islative reapportionment to achieve the Court's Independent-Electors movement in the South in equalitarian ideal of one-man-one-vote, the Court's 1960 and 1964 was one. action with regard to the Delaware suit was un­ In 1961, the Electoral College Reform Com­ questionably correct: the Court has no constitu­ mittee (under the direction of Hugh Matlock at tional authority to review state election laws. Pipe Creek, Texas) worked for electoral reform NEXT WEEK: How to restore the best pos­ that could be achieved by state legislatutes, with­ sible system of electing Presidents - the consti­ out a constitutional amendment. This group tried to persuade state legislatures to change state laws, tutional system. in order to abolish the winner-take-all system of counting electoral votes, and to require what the CHRISTMAS GIFTS District amendment would require - the electing of electors exactly as a state's congressional dele­ Complete your gift shoppingNOW ....in just gation is elected. a few minutes . . . . with one check. Reduced There has been one recent important effort to Christmas prices (until December 26, 1966) on reform the electoral system by court action. Dan Smoot books: The Invisible Government ­ cloth $3.50; pocketbook .75; The Hope of the Under the present system, Democrat and Repub­ World - $1.80; America's Promise - .45. Three lican parties seldom select presidential candidates Long-playing (33 1/3) Records of Speeches by who they think will be best for the country. They Dan Smoot: "The Fearless American," "Deacon select candidates who they think can get the most Larkin's Horse," "Our Nation's Pact With The electoral votes. It is generally assumed that any Devil" - $3.98 each. state will support a presidential candidate from that state. Hence, Republicans and Democrats Let us ship to persons on your Christmas gift usually select their candidates from states with list. Special order forms available on request. large electoral votes. Consequently, many small states have never provided a candidate for Presi­ CHRISTMAS GIFT RA TES FOR SUB­ dent. SCRIPTIONS TO THIS REPORT (Not effective after Dec. 26, 1966) - for two or more sub· Because the present system thus discriminates scription.r: 1 year, $9.00 each; 6 month, $5.50 against small states, Delaware (joined by 10 other each; 3 month, $3.00 each. small states and Pennsylvania) brought suit against all other states, asking the Supreme Court to void state winner-take-all statutes which permit a presidential candidate to get all of a state's elec­ REPRINTS OF THIS ISSUE toral votes if he gets a plurality of the popular (for bulk mailing to one address): vote. They based their plea on Supreme Court 1 copy $ .25 100 copies $ 6.50 10 copies 1.00 200 copies 12.00 decisions, handed down in the early 1960's, which 25 copies 2.00 500 copies 28.00 forced states to reapportion legislative districts so 50 copies 3.50 1000 copies 50.00 that thinly populated districts would not have as Texans Add 2% for Sales Tax representation in the state legislature as THE DAN SMOOT REPORT TAYLOR 1-2303 much BOX 9538 DALLAS, TEXAS 75214 heavily populated districts.

Page 232 The Dan Smoot Report, November 28, 1966 (Vol. 12, No. 48) THE 1)(/11 Sm oot Repo,t

Vol. 12, No. 49 (Broadcast 589) December 5, 1966 Dallas, Texas

DAN SMOOT ELECTORAL COLLEGE -- PART III

A mericans generally think of the Founding Fathers as a group of wealthy, periwigged old gentlemen, all of one mind, who met at Philadelphia in 1787 and, after some polite and leisurely conversation, wrote a Constitution.

The 55 men who attended the Constitutional Convention were delegates chosen from 12 of the 13 states. The oldest among them, Benjamin Franklin, was 81. The youngest was Jonathan Dayton, 27. Their average age was 42. They we re merchants, lawyers, judges, planters, officials of state governments. Half of them were college graduates. Some were outstanding scholars. They brought to the Convention an immeasurable wealth of information about governments ­ of ancient and contemporary times; and they represented more diversity of opinion about what the American government should be than is represented in the present Congress. After almost 4 months of deliberations, they produced the most nearly perfect plan of govern­ o ment ever devised by men - delivering to 18th Century Americans, as a heritage intended for all succeeding generations, what Prime Minister Gladstone called "the most wonderful work ever struck off at a given time by the brain and purpose of man." Above all else, the Founding Fathers feared excesses of political power. From their vast knowledge of history, they knew that unlimited political power cannot safely be trusted to any­ one - not to appointed officials of government, not to elected representatives of the people, not to the people themselves. Hence, they devised a system to control political power by dispersing and balancing it so that too much could not be concentrated in any one place. The power of large states was balanced against that of small ones. Some power was taken from states and given to the federal government; and state governments were given some control over federal power. The federal government was divided into 3 branches, each with a check on the power of the others; but only one-half of one of the three branches was answerable directly to the people.

THE DAN SMOOT REPORT is published weekly by The Dan Smoot Report, Inc., Box 9538, Dallas, Texas 75214 (office at 6441 Gaston Ave.). Subscriptions: $18.00 for 2 years; $10.00, 1 year; $6.00, 6 months; first class, $12.50 a year; airmail, $14.50. Dan Smoot was born in Missouri, reared in Texas. With BA and MA degrees from SMU (1938 and 1940), he joined the Harvard faculty (1941) as a Teaching Fellow, doing graduate work in American civilization. From 1942 to 1951, he was an FBI agent; from 1951 to 1955, a commentator on national radio and television. In 1955, he started his present inde­ pendent, free-enterprise business: publishing this REPORT and abbreviating it each week for radio and TV broadcasts available for commercial sponsorship by business firms. o Copyright by Dan Smoot, 1966. Second Class mail privilege authorized at Dallas, Texas. No Reproductions Permitted.

Page 233 State legislatures were given power to choose shall give their Votes; which Day shall be the U. S. Presidents and U. S. Senators, who, in turn, same throughout the United States." were given power to choose members of the On the day chosen by Congress, the Electors cast judicial branch of the federal government. Only two votes each, one for President, one for Vice the House of Representatives, elected by the President. To win, a candidate must have a ma­ people, was to be directly answerable to the jority of all electoral votes. If no candidate for people. The people's control over the other two­ President has a majority, the House of Repre­ and-one-half branches of the federal government sentatives, voting by state delegations (1 vote for was to be indirect, through their state legislatures. each state) elects a President from the three candi­ By thus balancing federal power against state dates having the most electoral votes. If no candi­ power, and dividing federal power into three date for Vice President has a majority, the Senate branches, each acting as a counterweight upon elects from the three candidates with the most the others, the Constitution created a federal electoral votes. system in which the people, though retaining Each State shall appoint ...Elector s is an im­ ultimate political power over all agents and perative requirement that electors be chosen as agencies of government, were themselves pro­ agents responsible to state legislatures which, in tected from demagoguery, mob psychology, cor­ turn, are responsible to the people; but state legis­ ruption, and fraud, which are fatal weaknesses latures now permit the appointment of electors by of direct popular government. irresponsible political bodies (nominating con­ The perfection of our federal system was ventions or state committees), generally domi­ seriously impaired when the 17th Amendment nated by office-holders andoffice-se ekers and their (adopted in 1913) provided for direct popular friends. elections of U. S. Senators. It has been even It is erroneous to say that legislatures abdicated more seriously impaired by the present method their responsibility in order to give the people the of electing Presidents and Vice Presidents. The privilege of electing Presidents. They did it to method evolved illegally, because state legis­ serve the interests of political parties. lators became subservient to political parties, and The people are given the limited choice of en­ surrendered to those parties an important re­ dorsing, indirectly (that is, by voting for electors sponsibility which the Constitution assigns to unknown to the people), one or the other of the state legislatures. party candidates; that limited choice is vitiated by political-party catering to organized special-inter­ As it is used - or abused - the electoral est groups and by the winner-take-all method of college system is a travesty on the elective process. counting electoral votes. the electoral As created by the Constitution, The people have infinitely less control over means of electing the college system is a superb election of a President in the method now used federal government. two highest officials of the than in the legal method prescribed by the Consti­ Article II, Section I of the Constution provides: tution. "Each State shall appoint, in such Manner as If you do not like Johnson as President, whom the Legislature thereof may direct, a Number of can you hold responsible for his selection? The 43 Electors, equal to the whole Number of Senators million anonymous people who cast secret ballots to which the State may be and Representatives for his electors in 1964 ? The 1964 Democrat entitled in the Congress: but no Senator or Rep­ resentative, or Person holding an office of Trust National Convention, a temporary body that went or Profit under the United States, shall be ap­ out of existence as soon as Johnson and Humphrey pointed an Elector. were nomi nated ? If Johnson had been legally "The Congress may determine the Time of elected - by electors appointed by state legis­ chusing the Electors, and the Day on which they latures - whom could you hold responsible? The

Page 234 The Dan Smoot Report, December 5, 1966 (Vol. 12, No. 49) men who represent you in your state legislature! Television has made political nominating con­ The Constitution gave the people rather ef­ ventions even worse atrocities than they were be­ fective, indirat control of presidential elections, fore. Now, they are in no sense deliberative the framers knowing that direct control by the bodies. They are rostrums from which dema­ people is a practical impossibility. goguery and cynical appeals to special-interest groups are broadcast to an audience numbering Throughout the vast body of general voters millions. a feeling of hopelessness prevails in every presi­ dential election. What good can one voter do T he Constitution prohibits any "person when he is just one among 70 million? holding an office of trust or profit under the United States" This feeling of fatalistic surrender to the from having any part in the election of a President. As Hamilton phrased it: multitude which they cannot influence is one reason why more than half of all qualified "And they [the people] have excluded from Americans never bother to vote in presidential eligibility to this trust [electing a President] all those who from situation might be suspected of elections. The feeling spills over and dampens too great devotion to the President in Office." voter interest in other elections. Yet, political nominating conventions which Only a minority of voters participates in presi­ select our Presidents are dominated by federal dential elections; but only a fraction of a minority office holders. Millions getting money from the participates in local and state elections. Why? federal treasury participate in presidential Political power has gravitated to Washington, elections, most of them supporting the presidential where most of it is concentrated in the presidency. candidate whose election will mean continuation Millions of voters consider local and state elections of their profit under the United States. petty and perfunctory. The Act to Prevent Pernicious Political Ac­ If state legislatures were appointing the agents tivities (1939) prohibits persons in the Executive who choose the President, much of this voter Branch of the federal government from taking apathy would disappear. Every member of a state any part in political campaigns. The President legislature would be enormously important. Work­ and most members of his Cabinet and a multitude ing for, or against, state legislative candidates in of lesser bureaucrats consistently violate this law, the relatively small home-town districts they rep­ the President being the most blatant offender. resent could have real meaning to a voter. He Remember Johnson's trip to the Democrat Nation­ would not be pitting his individual influence al Convention in 1964 to place Hubert Humphrey'S against that of organized voting blocs in some name in nomination? Remember all of the costly faraway city - would not be dropping his one "non-political" swings-around-the-country that vote into a pile with 70 million others. He could every President since Roosevelt has made in every have a measurable effect in selecting the most election year? important elected officials in the world. These illegal, tax-consuming, demagogic In The Federalist Papers (No. 68), Alexander practices would be stopped if we reestablished the Hamilton explained that the electoral college constitutional system of electing Presidents. system was devised to guard presidential elections against "cabal, intrigue, and corruption" and How It Can Be Done against "tumult and disorder." T here is a simple, practical way to reestablish Anyone with only a cursory knowledge of the the constitutional system - a way advocated for cabal, intrigue, and corruption which are now many years by Thomas James Norton (now standard features of presidential nominations ­ deceased). Norton discussed the causes and con­ anyone who has ever watched the tumult and sequences of the present method, and the need disorder of a nominating convention - should for his proposed reform, in Chapter XV of admire the deep wisdom of the Founding Fathers. Undermining the Constitution: A History of Law-

The Dan Smoot Report, December 5, 1966 (Vol. 12, No. 49) Page 235 less Government, published by Devin-Adair, 1951. 43 electors in New York, to the 3 in Nevada, to In 1957, John P. Rogge, a , Texas, the 10 in Alabama, to the 4 in South Dakota , to attorney started a movement for the Norton pro­ the 40 in California. The electors would choose posal; but the proposal, though heartily approved the President. by constitutional lawyers all over the country and T�er� would still be bribery, corruption, and by many state legislators, never made much head­ speClal-mtere t pressures as now; but illegal or . : way. It is, however, the only electoral reform that uneth1Cal actions could be clearly pinpointed as constitutionalists should support. such. Guilt could be fixed, and guilty persons held Norton pointed out something so obvius that accountable, to public opinion if not to a court it is generally overlooked: namely, that the consti­ of law. In 1953, Eisenhower appointed Earl tutional system of electing Presidents can be re­ Warren Chief Justice of the Supreme Court, not established by state legislatures without a consti­ because Warren was qualified for the job, but tutional amendment, and without action by the because he had delivered votes of the California federal Congress. State legislatures can act one delegati�n to Eisenhower at the 1952 Republican at a time, instantly making the reforms needed in Convention. Such de facto bribery is now so their own states, not being required to act in commonplace that it is almost beyond criticism. unison with other states in order to make the In fact, those who criticize the bribery are reforms general throughout the country - as is generally more loudly condemned than those who the case with constitutional amendments. practice it. Constitutionalists in every state should begin If, however, a presidential candidate bribed a now, persuading state legislators to make what­ group of electors with government jobs or other­ ever changes necessary in state election laws, to wise, the malodorous act would be a stench in guarantee that state legislatures reassume, im­ the nostrils of the people; and the people could mediately, their constitutional duty to appoint do something about it. How electors voted would presidential electors. be a matter of public record. If their votes were displeasing to the people of their state, the people That is all that is needed to reactivate the best could take political action against state legislators system possible for electing Presidents of the who appointed the electors. United States. This legal system of electing presidents would This job can be done. In trying to influence give the people Jome control. It would be a gi­ national politicians, constitutionalists often find gantic step toward reestablishing states rights in they cannot exert as much influence as liberals can. the magnificent federal system that our Consti­ But, relatively speaking, there is not much compe­ tution created. tition for the attention of state legislators. Most of CHRISTMAS GIFTS: If you have not already them would be enormously impressed by a drive, sent us your list of persons to receive this Report, on the part of their constituents, for their support and our books and records as Christmas gifts, of a measure which would restore to them a we urge you to do so now. Postal service is slow, constitutional role of immeasurable importance. and getting slower. Why It Should Be Done REPRINTS OF THIS ISSUE nvision a presidential election if all state (for bulk mailing to one address): E 1 copy $ .25 100 copies $ 6.50 legislatures appointed presidential electors. Polit­ 10 copies 1.00 200 copies 12.00 ical parties could continue to make their own 25 copies 2.00 500 copies 28.00 nominations as they please, but the country would 50 copies 3.50 1000 copies 50.00 not be foredoomed to take one of their nominees. Texans Add 2% for Sales Tax A man who wanted to be President could explain THE DAN SMOOT REPORT TAYLOR 1-2303 BOX 9538 DALLAS, TEXAS 75214 his program and philosophy of government to the

Page 236 The Dan Smoot Report, December 5, 1966 (Vol. 12, No. 49) THE I)t/II Sm oot Re,o,t

Vol. 15, No. 40 (Broadcast 737) October 6, 1969 Dallas, Texas

DAN SMOOT

WHEN THE MOSS ELECT A PRESIDENT .... On September 18, 1969, the House (by a vote of 339-70) passed HJ Res 681, a resolution pro­ posing a constitutional amendment to abolish the electoral college system and to provide for direct, popular election of the President and Vice President. U. S. Representative John Dowdy (Texas Democrat, who fought hard against HJ Res 681) said the proposed amendment "is a political transformation flying squarely in the face of the most basic pre­ cept of the Constitution. .. a swing to an extreme which represents the most radical possible departure from traditional constitutional concepts." Mr. Dowdy is right. F rom their vast knowledge of history, the American Founding Fathers knew that unlimited po­ litical power cannot safely be trusted to anyone - not to appointed officials of government, not to elected representatives of the people, not to the people themselves. Hence, they devised a system to control political power by dispersing and balancing it so that too much power could not be concen­ trated in any one place. The power of large states was balanced against that of small ones. Some power was taken from states and given to the federal government, and state governments were given some control over federal power. The federal government was divided into three branches, each with a check on the power of the others; but only one-half of one of the three branches was answerable directly to the people. State legislatures were given power to choose U. S. presidential electors and U. S. Senators. The President and Senators were given power to choose members of the judicial branch of the federal government. Only the House of Representatives, elected by the people, was to be directly answerable to the people. The people's control over the other two-and-one-half branches of the federal govern-

THE DAN SMOOT REPORT is published weekly by The Dan Smoot Report, Inc., Box 9538, Dallas, Texas 75214 (office at 6441 Gaston Ave.). Subscriptions: $18.00 for 2 years; $10.00, 1 year; $6.00, 6 months. Dan Smoot was born in Missouri, reared in Texas. With BA and MA degrees from SMU (1938 and 1940), he joined the Harvard faculty (1941) as a Teaching Fellow, doing graduate work in American civilization. From 1942 to 1951, he was an FBI agent; from 1951 to 1955, a commentator on national radio and television. In 1955, he started his present independent, free-enterprise business: publishing this REPORT and abbreviating it each week for radio and TV broadcasts available for commercial sponsor­ ship by business firms.

Copyright by Dan Smoot, 1969. Second Class mail privilege authorized at Dallas, Texas.

Page 157 ment was to be indirect, through their state legis­ The perfection of our federal system was latures or through the House of Representatives. seriously impaired when the 17th Amendment (adopted in 1913) provided for direct, popular By thus balancing federal power against state elections of U. S. Senators - thus removing from power, and dividing federal power into three state governments the power, given them by the branches, each acting as a counterweight upon Constitution, to influence the federal government. the others, the Constitution created a federal sys­ The perfection of our federal system has also tem in which the people, though retaining ulti­ been seriously marred by an illegal method of mate political power over all agents and agencies electing Presidents, which began to evolve early of government, were themselves protected from in our history. demagoguery and mob psychology, which are fatal weaknesses of direct popular government. The first seven Presidents were elected in com­ pliance with constitutional provisions - that is, One of the knottiest problems solved by the they were chosen by electors who had been ap­ American Founding Fathers was that of balanc-' pointed by state legislatures, as the Constitution ing representation. If small states were given reqUIres. equal representation (in the federal government) But political parties became so strong, and with populous states, a small minority could dom­ partisan feeling so bitter, that political parties, inate a huge majority. On the other hand, if states which controlled state legislators, began usurping were given representation solely on the basis of the legislators' duty to appoint presidential elect­ population, small states would have practically ors. State legislators, subservient to political par­ no VOIce. ties, surrendered an important responsibility which the Constitution assigns to state legislatures. Framers of our Constitution devised a magnifi­ cent means of balancing the power of big and As the system now works, each political party small states - keeping the large from politically chooses its own presidential and vice presidential swallowing up the small, while preventing minor­ candidates and its own electors. ity populations in small states from dominating The Constitution prohibits any "person holding majority populations in large ones. All states, an office of trust or profit under the United regardless of size, have equal representation in States" from having any part in the election of a the Senate. In the House, their representation is President. based on population. This same balance was pre­ Yet, political nominating conventions which scribed for electing Presidents. All states have select our Presidents are dominated by federal two electoral votes for President to match their office holders. Millions getting money from the representation in the Senate - plus enough elec­ federal treasury participate in presidential elec­ toral votes to match their representation in the tions, many of whom support the presidential House. candidate whose election will mean continuation of their profit under the United States. The Constitution requires state legislatures to appoint electors who elect the President and Vice In some states, candidates and electors chosen President. by political parties are listed on ballots. Most states, however, have too many electors to list; This electoral college system was a superb so, just the names of presidential and vice presi­ means of electing the two highest federal officials. dential candidates are on ballots. It gave the people indirect control (through their In November, every leap year, voters go to the state legislatures) of presidential elections, the polls, most thinking they are voting for presi­ framers knowing that direct control by the people dential and vice presidential candidates; but they is a practical impossibility. are not. They cannot. Voters vote only for presi-

Page 158 The Dan Smoot Report, Vol. 15, No. 40, October 6, 1969 dential electors, whose names are often not even An ideal solution would be to retu�n to the on the ballot. Hence, "presidential election day" method the Constitution specifies. State legisla · is not the day when a President is elected. It is a tures should appoint presidential electors. If the day when presidential electors are elected. The electors voted for a candidate whom most of the presidential candidates whose electors get a plural­ people of the state did not like, the people would ity (highest number) of popular votes cast in a have some recourse - against their elected state state on "presidential election day" will later get representatives who appointed the electors. Now, all of that state's electoral votes. the people have no recourse if all of their states' electoral votes are counted for a presidential can­ A candidate who gets a minority of popular didate whom most of the people do not like - votes can now receive a majority of electoral votes, which frequently happens. because of the winner-take-all practice of giving all of a state's electoral votes to the man who gets a mere plurality of the popular vote. Hence, po­ It is apparent, however, that we cannot return litical parties tend to cater to organized voting to the ideal system of electing Presidents. The blocs in key cities of key states. people now mistakenly believe they have "the privilege of voting for a President," and they Racial violence and rising crime rates - caused, could never be persuaded to give it up. to considerable degree, by political pandering for Negro votes - are among the reasons why There is, however, an available, constitutional industrious, tax-paying citizens are fleeing to solution which can be achieved by state action. suburbs, their places in inner cities being taken We should not look to the national Congress for by persons dependent on welfare, public housing, remedy in this matter. rent subsidies, and every other form of assistance except self-assistance. These are the people who Each state should amend its election laws (if vote en bloc for the political party they think necessary) to require the appointment of one slate likely to give them the biggest handouts from of presidential electors, by the state legislature, the public treasury - for the politicians who as the Constitution commands. One elector should most effectively ingratiate themselves on rabble­ be appointed from each congressional district, and rousers and agitators in control of the bloc votes. required by law to cast the one electoral vote of that district for the presidential candidate who But the winner-take-all practice was not creat­ receives a plurality of the popular vote in the ed or authorized by our Constitution. It was adopt­ district. Two at-large electors should be appointed ed, in violation of the Constitution, by political in each state, to correspond with the two U. S. parties (or by state legislatures controlled by the Senators. These two electors should be required parties) . by law to cast their two votes for the presidential candidate who receives a plurality of the popular Under the Constitution, if 33% of a state's vote in the state. electoral votes are cast for one presidential can­ didate, 3Y7o for another candidate, and 340/0 for This system would be constitutionally legal a third candidate - the votes must be counted (with no amendment to the Constitution neces­ the way they were cast. Under the present sys­ sary) . It would satisfy the demand for direct tem, if 33% of a state's popular vote for President voter participation in presidential elections. It goes to one candidate, 330/0 to another candidate, would eliminate the winner-take-all practice, and 340/0 to a third candidate - the votes are not which is the worst feature of the present system; counted the way they were cast. All of the votes and it would restore the geographical distribu­ (100%) are counted for the candidate who got tion of political power which the Constitution only 340/0 of them. prescribed. In electing a President, each state

The Dan Smoot Report, Vol. 15, No. 40, October 6, 1969 Page 159 would have strength equal to its strength in elect­ With direct, popular elections, it would become ing members of the federal Congress, which is quite impossible for a statesman to win a presi­ what the Constitution intended. dential election over a political scoundrel.

Our present, illegal method of electing Presi­ dents is a travesty on the elective process. Reform -W-e must keep the Senate from passing the is sorely needed; but no reform at all would be resolution (H] Res 681) proposing a constitu­ infinitely better than direct, popular election. tional amendment to provide for direct, popular election of Presidents. The constitutional amendment (already ap­ proved by the House and now before the Senate), Write both of your U. S. Senators now; and providing for direct, popular election of the then do your utmost for action by your state legis­ President, would be the death blow to the Ameri­ lature to reform our method of electing Presidents. can constitutional Republic. The consequences would not be perceptible immediately. But, in due course-perhaps too late for remedy-the people would realize that their Republic was gone. In its STATEMENT REQUIRED BY LAW FOR THE DAN SMOOT REPORT, 6441 Gaston Avenue, Dallas, Texas 75214, owned and place would evolve a mobocracy, ruled by ruthless published weekly by the Dan Smoot Report, Inc., edited and managed dictators-creatures of idle, big-city mobs, forever by Dan Smoot, who owns more than 99% of the corporation's stock, growing in number, endlessly and violently de­ there being no bondholders, mortgagees, or other security holders. The average number of copies printed each week during the pre­ manding more free benefits to be plundered from ceding 12 months: 24,000 ; of the single issue nearest October 1, 1969: the ever-dwindling numbers of productive citizens. 26,000. Average number of weekly subscription sales during preceding 12 months : 14,000 ; of the single issue nearest October 1, 1969: 12,496. Average weekly sales by means other than subscription during preceding 12 months: 9,000 ; of the single issue nearest October 1, Venal politicians -buying political support by 1969: 13,000. Average paid weekly circulation during preceding 12 promising the people benefits to be paid for out months: 23,000 ; of the single issue nearest October 1, 1969 : 25,496. There is no free distribution. Average total weekly distribution during of the federal treasury-started us on the road preceding 12 months: 23,000 ; of the single issue nearest October 1, toward mobocracy in the 1930s. Our rush toward 1969: 25,496. Average number of copies retained weekly for office use during preceding 12 months : 1,000 ; of the single issue nearest ruin gathers speed relentlessly, as the two major October 1, 1968: 504. political parties compete for power by promising more and more largess for the idle and indolent­ "keeping their promises" by more and more pil­ laging of taxpayers. SlIbscrlbe To dtl,

As if we had a death wish for our own freedom, to we dash toward the abyss of a socialist-welfare 'li e Btl. Sm oot rt dictatorship. Direct, popular election of Presidents Repo it, and would so accelerate the dash that halting 6 mos. $6.00 - YR. - 2 yrs. $18.00 reversing course, might become impossible. 1 $10.00 THE DAN SMOOT REPORT With direct, popular elections, a million adult BOX 9538, DALLAS, TEXAS 75214 reliefers in a few large cities-people who never Telephone: TAylor 1-2303 worked or paid direct taxes-could outvote all tax­ Send reprints to your friends and suggest they order reprints too. REPRINTS OF THIS ISSUE (for bulk mailing to one address): SO states. paying citizens in any one of 40 of our 1 copy $ .25 100 copies $ 6.50 Two or three precincts in a big northern city, 10 copies 1.00 200 copies 12.00 25 copies 2.00 500 copies 28.00 densely populated with welfare families, could 50 copies 3.50 1000 copies 50.00 outvote all the taxpaying citizens in Alaska, Dela­ Texans Add 4% for Sales Tax ware, Nevada, Vermont, or· Wyoming. (Add SOc for special-handling postage)

Page 160 The Dan Smoot Report, Vol. 15, No. 40, October 6, 1969