Why Can't the Popular Vote Have the Final Say When Both Candidates Get 269 Electoral Votes?

While it may seem intuitive that the popular vote should have the final say in presidential elections, the U.S. Constitution and the electoral college system have established a different process for resolving ties. Understanding the intricacies of the electoral college and the principles of a constitutional republic can help explain why the current system is in place and why it is important to follow the constitutional framework.

The Role of the Electoral College

The United States’ electoral college system is designed to ensure that smaller states have a say in the election of the President. The Constitution provides that in the event of a tie in the electoral college, the decision will be made by the House of Representatives. This process is rooted in the desire to maintain a balance of power and to give states, rather than just large urban centers, a voice in the presidential election.

How the Electoral College Works

The electoral college is composed of electors chosen by the states and the District of Columbia. Each state has a number of electors equal to the total of its U.S. Senators and Representatives. During the general election, each state’s voters cast votes for their preferred candidate, and the electors associated with the winning candidate in each state then cast their electoral votes for the President. It is important to note that delegates of the electoral college are obligated to vote in accordance with the results of the popular vote within their respective states.

Constitutional Republic vs. Popular Vote

While a constitutional republic like the United States values the democratic process, it also values the framework provided by the Constitution, which includes the electoral college system. The Constitution aims to create a republic where proportional representation is balanced by the interests of both large and small states. The electoral college system ensures that no single group of citizens, regardless of where they live or how populous their area is, can dominate the election process.

The Current State of the Electoral College

Despite the electoral college system, recent shifts in political power can affect the dynamics. In the House of Representatives, the number of representatives for each state is determined based on population. Currently, the Democrats control 21 state delegations, but this number may change in the 119th Congress. Several states with predominantly Republican representatives, particularly in smaller states, can potentially swing the balance of power. Gerrymandering and states' partisan leanings also play significant roles in determining the outcomes.

Why Stick to the Constitution?

The Constitution and the associated laws provide a framework for ensuring a fair and transparent election system. Changing these established rules for short-term political gain would undermine the trust and stability of the electoral process. The principles of a constitutional republic, including the electoral college, are crucial for maintaining the balance of power and ensuring that representatives from all states have a voice in the government.

With the complexity of the electoral college, it is essential to understand the principles behind the system and its significance in preserving the constitutional framework of the United States. The idea that the popular vote should always have the final say in such a close election overlooks the importance of upholding the constitutional rights and principles established to protect the democratic process as a whole.

Keywords: electoral college, constitutional republic, popular vote