Hatchet
By Lucas Roebuck
True to the Chicago Way, Obama and his merry band of Democrats are using their newfound partisan advantage to increase their control and get a tighter grip on power in Washington, often at the expense of the people they are supposed to represent.
The stimulus bill is mostly just borrowing money from our grandchildren to give cash to the people who fund Democratic campaigns. President Obama's decision to move the census, which decides how many representatives each state gets, away from the Commerce Department and under the White House roof is a new form of gerrymandering to make sure Democrats have an unfair advantage in the House of Representatives. Finally, a grassroots Democratic movement - which has come to Arkansas this week - is an attempt to short-circuit the Constitution itself by undermining the great constitutional compromise to favor the more populous, left-leaning states.
State Rep. Eddie Cooper, D-Melbourne, introduced a bill that will go to a full vote in the Arkansas House this week or next that would pledge Arkansas' electors to whomever wins the national vote.
Besides being a blatant power grab for Democrats (who enjoy fat loyalty margins in America's populous urban centers) if Cooper's idea becomes law, Arkansas basically would be giving up all its say in who becomes president. Small states - whose interests are protected by the Electoral College - will get steamrolled should people like Cooper get their way.
Americans got a civics lesson in 2000 reminding us that it's not the national popular vote total that matters, but rather who wins what states that determines the president. For the Democrats, who lost the White House, the lesson was bitter. Unfortunately, Democrats like Cooper and other state legislators across the country who are trying to bypass the Constitution and centralize power need a history lesson to go with the civics lesson. They have forgotten the constitutional compromise.
In forming our representative government, the framers had to face this question: How do we decide how much say each state has in the affairs of our national government? The smaller states said that each state should have one vote in Congress. That seems fair, right? One state, one vote? Not so fast, said the larger, more populous states. We have more people, so we should have more say. The small states were worried if direct proportional representation were implemented, then their needs and issues would be pushed by the interests of the larger states. The new constitution was at an impasse.
Then came the compromise, which is seen first in how our national legislature is composed. Two houses would have to approve all laws - one that had direct proportional representation (the House) and one in which each state was represented equally (the Senate).
But what about the executive branch? How could the new nation be sure that a president wouldn't just act in the interest of the large population centers? The constitutional compromise was applied to the executive branch as well: Each state would have a say in the election of president that was the same as their representation in Congress - a proportional number of electors like the House plus two electors like the Senate. Even with the compromise, it still takes dozens of small states to equal the population power of states like California and New York.
While he claims, according to press reports, that forcing our electors to go the way of the national popular vote winner will bring more political attention to Arkansas, Cooper's plan emaciates Arkansas' influence in the presidential selection process. Cooper wants to draw more presidential political candidates to Arkansas (which, by the way, hasn't really been a problem).
In 2000, Arkansas voted for George W. Bush. Under Cooper's plan, even though the majority of Arkansans wanted Bush to win and voted for him, they would have been forced to vote for Gore.
Hopefully, this national power grab by the Democrats masquerading as populism will die in the Arkansas House.
Lucas Roebuck is a former managing editor for the Northwest Arkansas Times and the Siloam Springs Herald-Leader.
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Excellent work. I enjoyed the read.
The major shortcoming of the current system of electing the President is that presidential candidates concentrate their attention on a handful of closely divided "battleground" states. Arkansas is not a battleground state. 98% of the 2008 campaign events involving a presidential or vice-presidential candidate occurred in just 15 closely divided “battleground” states. Over half (57%) of the events were in just four states (Ohio, Florida, Pennsylvania and Virginia). Similarly, 98% of ad spending took place in these 15 “battleground” states. Similarly, in 2004, candidates concentrated over two-thirds of their money and campaign visits in five states and over 99% of their money in 16 states. Two-thirds of the states and people have been merely spectators to the presidential elections. Candidates have no reason to poll, visit, advertise, organize, campaign, or worry about the voter concerns in states where they are safely ahead or hopelessly behind. The reason for this is the winner-take-all rule enacted by 48 states, under which all of a state's electoral votes are awarded to the candidate who gets the most votes in each separate state.
Another shortcoming of the current system is that a candidate can win the Presidency without winning the most popular votes nationwide. This has occurred in one of every 14 presidential elections.
In the past six decades, there have been six presidential elections in which a shift of a relatively small number of votes in one or two states would have elected (and, of course, in 2000, did elect) a presidential candidate who lost the popular vote nationwide.
The National Popular Vote bill would guarantee the Presidency to the candidate who receives the most popular votes in all 50 states (and DC).
Every vote would be politically relevant and equal in presidential elections.
The bill would take effect only when enacted, in identical form, by states possessing a majority of the electoral votes—that is, enough electoral votes to elect a President (270 of 538). When the bill comes into effect, all the electoral votes from those states would be awarded to the presidential candidate who receives the most popular votes in all 50 states (and DC).
The Constitution gives every state the power to allocate its electoral votes for president, as well as to change state law on how those votes are awarded.
The bill is currently endorsed by 1,246 state legislators — 460 sponsors (in 48 states) and an additional 786 legislators who have cast recorded votes in favor of the bill.
The National Popular Vote bill has been endorsed by the New York Times, Chicago Sun-Times, Minneapolis Star-Tribune, Los Angeles Times, Boston Globe, Hartford Courant, Miami Herald, Sarasota Herald Tribune, Sacramento Bee, The Tennessean, Fayetteville Observer, Anderson Herald Bulletin, Wichita Falls Times, The Columbian, and other newspapers. The bill has been endorsed by Common Cause, Fair Vote, and numerous other organizations.
In Gallup polls since 1944, only about 20% of the public has supported the current system of awarding all of a state’s electoral votes to the presidential candidate who receives the most votes in each separate state (with about 70% opposed and about 10% undecided). The recent Washington Post, Kaiser Family Foundation, and Harvard University poll shows 72% support for direct nationwide election of the President. This national result is similar to recent polls in Arkansas (80%), California (70%), Colorado (68%), Connecticut (73%), Delaware (75%), Kentucky (80%), Maine (71%), Massachusetts (73%), Michigan (73%), Mississippi (77%), Missouri (70%), New Hampshire (69%), Nebraska (74%), Nevada (72%), New Mexico (76%), New York (79%), North Carolina (74%), Ohio (70%), Pennsylvania (78%), Rhode Island (74%), Vermont (75%), Virginia (74%), Washington (77%), and Wisconsin (71%).
The National Popular Vote bill has passed 22 state legislative chambers, including one house in Arkansas, Colorado, Maine, Michigan, North Carolina, and Washington, and both houses in California, Hawaii, Illinois, New Jersey, Maryland, Massachusetts, Rhode Island, and Vermont. The bill has been enacted by Hawaii, Illinois, New Jersey, and Maryland. These four states possess 50 electoral votes — 19% of the 270 necessary to bring the law into effect.
See http://www.NationalPopularVote.com
Support by Arkansas voters is among the highest in the country.
80% OF ARKANSAS VOTERS SUPPORT A NATIONAL POPULAR VOTE FOR PRESIDENT IN DECEMBER 2008 POLL
A survey of 800 Arkansas voters conducted on December 15-16, 2008 showed 80% overall support for a national popular vote for President.
Support was 88% among Democrats, 71% among Republicans, and 79% among independents.
By age, support was 89% among 18-29 year olds, 76% among 30-45 year olds, 80% among 46-65 year olds, and 80% for those older than 65.
By gender, support was 88% among women and 71% among men.
By race, support was 81% among whites (representing 80% of respondents), 80% among African-Americans (representing 16% of respondents), and 68% among Others (representing 4% of respondents).
What the Founding Fathers said in the U.S. Constitution is "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors . . ." The U.S. Supreme Court has repeatedly characterized the authority of the state legislatures over the manner of awarding their electoral votes as "plenary" and "exclusive."
Neither of the two most important features of the current system of electing the President (namely, that the voters may vote and the winner-take-all rule) are in the U.S. Constitution. Neither was the choice of the Founders when they went back to their states to organize the nation's first presidential election.
In 1789, in the nation's first election, the people had no vote for President in most states, it was necessary to own a substantial amount of property in order to vote, and only 3 states used the winner-take-all rule (awarding all of a state's electoral vote to the candidate who gets the most votes in the state). Since then, as a result of changes in state laws, the people have the right to vote for presidential electors in 100% of the states, there are no property requirements for voting in any state, and the winner-take-all rule is used by 48 of the 50 states.
The normal process of effecting change in the method of electing the President is specified the U.S. Constitution, namely action by the state legislatures. This is how the current system was created, and this is the built-in method that the Constitution provides for making changes.
The small states are the most disadvantaged of all under the current system of electing the President. Political clout comes from being a closely divided battleground state, not the two-vote bonus.
Small states are almost invariably non-competitive in presidential election. Only 1 of the 13 smallest states are battleground states (and only 5 of the 25 smallest states are battlegrounds).
Of the 13 smallest states, Idaho, Montana, Wyoming, North Dakota, South Dakota, and Alaska regularly vote Republican, and Rhode Island, Delaware, Hawaii, Vermont, Maine, and DC regularly vote Democratic. These 12 states together contain 11 million people. Because of the two electoral-vote bonus that each state receives, the 12 non-competitive small states have 40 electoral votes. However, the two-vote bonus is an entirely illusory advantage to the small states. Ohio has 11 million people and has "only" 20 electoral votes. As we all know, the 11 million people in Ohio are the center of attention in presidential campaigns, while the 11 million people in the 12 non-competitive small states are utterly irrelevant. Nationwide election of the President would make each of the voters in the 12 smallest states as important as an Ohio voter.
The fact that the bonus of two electoral votes is an illusory benefit to the small states has been widely recognized by the small states for some time. In 1966, Delaware led a group of 12 predominantly low-population states (North Dakota, South Dakota, Wyoming, Utah, Arkansas, Kansas, Oklahoma, Iowa, Kentucky, Florida, Pennsylvania) in suing New York in the U.S. Supreme Court, arguing that New York's use of the winner-take-all effectively disenfranchised voters in their states. The Court declined to hear the case (presumably because of the well-established constitutional provision that the manner of awarding electoral votes is exclusively a state decision). Ironically, defendant New York is no longer a battleground state (as it was in the 1960s) and today suffers the very same disenfranchisement as the 12 non-competitive low-population states. A vote in New York is, today, equal to a vote in Wyoming--both are equally worthless and irrelevant in presidential elections.
The concept of a national popular vote for President is far from being politically “radioactive” in small states, because the small states recognize they are the most disadvantaged group of states under the current system.
The National Popular Vote bill already has been approved by a total of seven state legislative chambers in small states, including one house in Maine and both houses in Hawaii, Rhode Island, and Vermont. It has been enacted by Hawaii.
Most of the medium-small states (with five or six electoral votes) are similarly non-competitive in presidential elections (and therefore similarly disadvantaged). In fact, of the 22 medium-smallest states (those with three, four, five, or six electoral votes), only New Hampshire (with four electoral votes), New Mexico (five electoral votes), and Nevada (five electoral votes) have been battleground states in recent elections.
Because so few of the 22 small and medium-small states are closely divided battleground states in presidential elections, the current system actually shifts power from voters in the small and medium-small states to voters in a handful of big states.
The 11 most populous states contain 56% of the population of the United States and that a candidate would win the Presidency if 100% of the voters in these 11 states voted for one candidate. However, if anyone is concerned about the this theoretical possibility, it should be pointed out that, under the current system, a candidate could win the Presidency by winning a mere 51% of the vote in these same 11 states — that is, a mere 26% of the nation’s votes.
Of course, the political reality is that the 11 largest states rarely act in concert on any political question. In terms of recent presidential elections, the 11 largest states include five “red” states (Texas, Florida, Ohio, North Carolina, and Georgia) and six “blue” states (California, New York, Illinois, Pennsylvania, Michigan, and New Jersey). The fact is that the big states are just about as closely divided as the rest of the country. For example, among the four largest states, the two largest Republican states (Texas and Florida) generated a total margin of 2.1 million votes for Bush, while the two largest Democratic states generated a total margin of 2.1 million votes for Kerry.
Moreover, the notion that any candidate could win 100% of the vote in one group of states and 0% in another group of states is far-fetched. Indeed, among the 11 most populous states, the highest levels of popular support were found in the following seven non-battleground states:
● Texas (62% Republican),
● New York (59% Democratic),
● Georgia (58% Republican),
● North Carolina (56% Republican),
● Illinois (55% Democratic),
● California (55% Democratic), and
● New Jersey (53% Democratic).
In addition, the margins generated by the nation’s largest states are hardly overwhelming in relation to the 122,000,000 votes cast nationally. Among the 11 most populous states, the highest margins were the following seven non-battleground states:
● Texas — 1,691,267 Republican
● New York — 1,192,436 Democratic
● Georgia — 544,634 Republican
● North Carolina — 426,778 Republican
● Illinois — 513,342 Democratic
● California — 1,023,560 Democratic
● New Jersey — 211,826 Democratic
To put these numbers in perspective, Oklahoma (7 electoral votes) alone generated a margin of 455,000 votes for Bush in 2004 — larger than the margin generated by the 9th and 10th largest states, namely New Jersey and North Carolina (each with 15 electoral votes). Utah (5 electoral votes) alone generated a margin of 385,000 votes for Bush in 2004.
When presidential candidates campaign to win the electoral votes of closely divided battleground states, such as in Ohio and Florida, the big cities in those battleground states do not receive all the attention, much less control the outcome. Cleveland and Miami certainly did not receive all the attention or control the outcome in Ohio and Florida in 2000 and 2004.
Under a national popular vote, every vote is equally important politically. There is nothing special about a vote cast in a big city. When every vote is equal, candidates of both parties know that they must seek out voters in small, medium, and large towns throughout the state in order to win the state. A vote cast in a big city is no more valuable than a vote cast in a small town or rural area.
Another way to look at this is that there are approximately 300 million Americans. The population of the top five cities (New York, Los Angeles, Chicago, Houston and Philadelphia) is only 6% of the population of the United States and the population of the top 50 cities is only 19% of the population of the United States. Even if one makes the far-fetched assumption that a candidate won 100% of the votes in the nation’s top five cities, he would only have won 6% of the national vote.
Further evidence of the way a nationwide presidential campaign would be run comes from the way that national advertisers conduct nationwide sales campaigns. National advertisers seek out customers in small, medium, and large towns of every small, medium, and large state. National advertisers do not advertise only in big cities. Instead, they go after every single possible customer, regardless of where the customer is located. National advertisers do not write off Indiana or Illinois merely because their competitor has an 8% lead in sales in those states. And, a national advertiser with an 8%-edge over its competitor does not stop trying to make additional sales in Indiana or Illinois merely because they are in the lead.
Keep in mind that the main media at the moment, namely TV, costs much more per impression in big cities than in smaller towns and rural area. So, if you just looked at TV, candidates get more bang for the buck in smaller towns and rural areas.
For example, in California, candidates for governor or U.S. Senate don't campaign just in Los Angeles and San Francisco, and those places don't control the outcome (otherwise California wouldn't have recently had governors Reagan, Dukemejian, Wilson, and Schwarzenegger). A vote in rural Alpine county is just an important as a vote in Los Angeles.
If the National Popular Vote bill were to become law, it would not change the need for candidates to build a winning coalition across demographics. Any candidate who yielded, for example, the 21% of Americans who live in rural areas in favor of a "big city" approach would not likely win the national popular vote. Candidates would still have to appeal to a broad range of demographics, and perhaps even more so, because the election wouldn't be capable of coming down to just one demographic, such as voters in Ohio.
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