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Will an Eighteenth-Century Election System Paralyze America in the Twenty-First Century?

by Robert M. Saunders on Nov 10, 2000

Is the United States a democracy or not? That is surely the question on
the minds of millions of people as the electoral college system decides who
will be the next president of the United States.
            The Electoral College was originally intended to be a major part of
government in a deliberative republic, in which dispassionate, informed,
independent Electors — members of a unique institution called the
Electoral College, not average people given to passionate opinions — would
be the final decision makers. The Constitution, however, failed to
anticipate the rise of political parties. As a result, two centuries later
parties today select a slate of Electors, presumably loyal to their
parties, to represent their candidates. While the names of the Electors are
not usually on the ballot, voters actually select them rather than the
president directly.
            Electors chosen by their parties are no longer expected to exercise
independent judgment. They are duty bound to vote for the candidates of the
party of which they are members.
            The electoral college system was created to avoid confusion, possible
corruption, irregularities and intrigue that the founders believed would
characterize the direct popular election of the president. Alexander
Hamilton in Federalist 68 expressed great confidence in the ability of the
Electoral College to avoid such problems. Contrary to Hamilton's faith, the
temptation for Electors to wheel and deal is great. In a majority of the
states, they are not legally bound to vote for the presidential candidate
they have pledged to support.
            In the past, stray Electors have been historical oddities. In 1984, for
instance, an Elector in West Virginia pledged to Walter Mondale switched to
Ronald Reagan. This did little more than add insult to injury since Reagan
had already swamped Mondale.
            The historical precedent for today's confusion that best illustrates the
potential for political chaos is the 1876 presidential election. Samuel J.
Tilden, the Democratic candidate from New York, received 51 percent of the
popular vote.  But Republican candidate Rutherford B. Hayes of Ohio won the
election with one more electoral vote than Tilden after Republicans
challenged nineteen electoral votes in Louisiana, South Carolina and, yes,
Florida.
            With charges of fraud flying, Congress set up an electoral commission to
settle the issue of who would be the next president. The commissioners were
supposed to be like the original Electors: dispassionate and independent.
In reality, the commission split along party lines with an eight-to-seven
vote that awarded Hayes all nineteen of the disputed electoral votes. As a
result, Hayes gained the presidency by one electoral vote without a popular
majority.
            Historical evidence about what actually occurred behind the scenes is
murky. But we do know that much wheeling and dealing took place before
congressional Democrats went along with the commission's recommendations.
Promises of economic aid to help rebuild the war-torn South were made but
never fulfilled. Once in office, President Hayes withdrew federal troops
supporting Reconstruction, enabling southern whites to subordinate blacks
for another one hundred years. Thus, the party of Abraham Lincoln and
emancipation abandoned blacks in exchange for the presidency. This would
not be the first or last time that political agreements rested on the backs
of African Americans.
            Given the closely divided Congress that will convene in January, the
potential for further intrigue beyond our current electoral deadlock is
infinite. At least, the outcome of the election of 1876 suggests as much.
            The impact of Florida's disputed vote on the presidency and America's role
in the world is yet to be determined, but the historical precedent of 1876
is disturbing. The 1876 election, coming after the failed attempt in 1868
to impeach President Andrew Johnson of Tennessee, led to a long decline in
the presidency and twenty years of political stalemate. Will this be the
pattern for the next twenty years? In a rapidly changing world of economic
globalization and political instability, the world can ill afford to have a
politically paralyzed United States.


Robert M. Saunders is a visiting Fulbright professor of American history at Hong Kong Baptist University.