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Wed, Nov

The Electoral College - a Morass of Ambiguity and Confusion That May Save the Union

LOS ANGELES

VIEW FROM HERE--The constitutional provisions of the Electoral College [EC] and the 3 US Code § 15's elaboration run almost 1,540 words. 

The EC started as a balance between Congress’ electing the President (as parliamentary systems elect their Prime Ministers) and direct popular vote of the people which the Framers properly saw as the road to ruin.  The compromise was for electors from each state to vote for the President.  The Founding Fathers assumed that each elector would use his own good faith discretion in casting his vote. 

The Electoral College does accomplish one of its other objectives – it stops the populous urban areas from running roughshod over the rural areas.  Because a candidate must get a majority of the electors, he cannot dump all his campaign money into a few large cities to get a majority of the national votes and then ignore the less populous rural areas. 

The Role of the Mob In destroying the Republic 

From the Republic’s outset, the Founding Fathers recognized the lethal danger which the mob mental posed for the inalienable rights on which the nation was based.  A democracy was a paramount evil to be avoided as democracies turn into mobocracies and declare that the “Will of the People is the Law,” making the Constitution worth less than used toilet paper.  Today, we face a situation which the Constitution’s framers did not discuss -- the tyranny of the minority within a political party. 

America Has Four Political Parties 

We Americans have trouble analyzing our political system as we make the erroneous assumption that America has only two major political parties when in reality, we have four.  (1) the mainstream Centrist Democrat party, (2) the leftist Extreme Democrat party, (3) the mainstream Center GOP and (4) GOP Extreme right wing, e.g. The Freedom Caucus. 

Since they contain most of the nation, the Centrist Dem and the Centrist GOP should always form coalition governments which shut out the two extremes.  However, Americans have a passion to be true believers where their version of the truth is the sole and only truth and anyone who thinks differently is evil and must be banished.  There is big money – I mean trillions upon trillions of dollars – tied up in keeping Americans psychologically captives inside their own party while throwing stones at the other side.  

The Extreme Dems and the Extreme GOP work hard to convince their one-half of America that the other half-America is evil.  For the Dems, the GOP are all anti-minority racists, and for the GOP, the Dems are anti-White racists.  If one is White, one has to confess his sin of whiteness in order to be allowed to participate in the Dem Party.  Neither extreme gives a damn about the welfare of the America people. Their sole objective is power.  Both extremes know that their power rests in keeping America divided which requires them to make certain that centrist GOP and centrist Dem remain divided from each other.  Their task is easy since America is a systemically predatory country where the powerful prey upon everyone else. 

Since the Pelosi Dems will not cooperate with the moderate GOP, the GOP has no choice but to kowtow to its Right-Wing yahoo extremists.  The Pelosi Dems are working hard to shove out Dem centrists by her imposition of Identity Politics and faux socialism. 

A Divided Nation is a Do or Die Proposition for the Extremists 

The far right and the far left can dictate policy only as long as they can keep the nation divided.  Thus, for the extreme power mongers like Pelosi and the Freedom Caucus, it is a life and death matter that America remains a house divided.  The fact that a house divided cannot long stand means naught to them since power is their sole goal.  In the midst of the unimaginable pandemic, Pelosi and McConnell cannot set aside their own power lust long enough to give Americans a Xmas Bonus.  Instead, they are preoccupied with how to pass legislation which will most enhance their personal power – Pelosi wants loot for her corrupt cities and McConnell is cheerleader for corrupt corporations. 

Back to the Electoral College 

Mixed among those 1,540 words is a recondite process hiding in 2 USC §15), whereby the January 6th vote counting stops, and the two chambers meet separately to adjudicate objections to electors. The GOP has a majority of states in the Senate and a majority of states in the House. 

The GOP represents more states than the Dems in the House but the Dems represent more populous states. Hence, the Dems have more regular votes in the House.  This “vote on the electors,” however, is done by state, and thus, the GOP states can out vote the Dem states and disqualify all Dem electors, making Donald Trump President. 

People of integrity would not overturn any slate of electors after the nation has exhaustively investigated and totally debunked the allegations of voter fraud. Massive voter fraud is the delusion of Donald Trump, but the majority of GOP cower in fear of his cadre of violence prone extremists. 

The Power Rests with McConnell 

If this ludicrous situation should arise on January 6th, the Republic’s fate rests with Mitch McConnell.  As Senate Majority Leader, he has the power to prevent a majority of the Senators from throwing out any presidential elector.  Both the Senate and the House must separately agree that any elector was bogus.  Thus, McConnell can use his power to make certain that the Senate does not reject any elector. 

3 USC § 15 states: “But if the two Houses shall disagree in respect of the counting of such votes, then, and in that case, the votes of the electors whose appointment shall have been certified by the executive of the State, under the seal thereof, shall be counted.”

That is why Mitch McConnell’s Tuesday, December 15, 2020 acceptance that Joe Biden won the certified electoral college vote was the most significant event since the election itself.  It is not that McConnell cares about America, but he hates Donald Trump. He cannot tolerate the prospect of being Trump’s toady one more day.  

America will be far better off when Joe Biden and Mitch McConnell cooperate in a centrist governance than if Biden is beholden to the Dem extremists.

 

(Richard Lee Abrams is an attorney and a community relations consultant.  His views are his own and do not necessarily reflect the views of CityWatch, He can be reached at: [email protected].)

-cw

 

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