The Electoral College: Source of Inequality and Social Injustice in America by Gary Parish

GET THE FACTS • One Person One Vote Myth • Fundamentally Unfair! • See For Yourself! • Social Injustice • Football Analogy • Moral Arguments • EC Cancels Votes • Founding Fathers • Invalid Arguments For EC • States' Rights? • Reform Options • Conclusion • Inequality Maps • EC Cartoons • Postscript:Voting Power • References • Acknowledgements TAKE ACTION • Action Center • Get Involved • E-mail White House • E-mail Congress • E-mail Newspapers • E-mail Political Parties • E-mail Networks • E-mail Media • Calling Cards • Teaching Notes WHAT'S NEW? EC REFORM LINKS

In the 2000 Presidential election, because of the closeness of the race and the problems with Florida's vote counting procedures, the notion of election reform has perhaps gained sufficient prominence to insure progress in modernizing voting machines and ballot standardization. However, Electoral College reform was mentioned as a problem once or twice in the major media, and quickly dismissed as the supposed benefits* of the Electoral College were raised. In my view, there are no benefits of the Electoral College that justify these inequities because of the moral issues involved: 1) These inequities are prescribed and sanctioned by the Constitution of the United States and are therefore lawful. However, common sense tells us that such inequities are wrong even if lawful. Contradictions like this should be eliminated from the Constitution wherever possible because they inevitably lead to illogical and inconsistent policy and prescribed behavior. Strict adherence to the law in this case leads to strict insistence on inequality and social injustice. This permits the law to be used to further an unjust end, and no real American wants that. 2) These inequities are caused by the Electoral College provisions of the Constitution of the United States. These provisions should be changed to eliminate these inequities because they are inconsistent with the claims of the Declaration of Independence that states: "We hold these truths to be self evident, that all men are created equal". Until the Electoral College rules are changed or eliminated, these noble words bear no relation to the reality of constitutionally sanctioned inequality and social injustice in America. While these rules remain unchanged, America cannot be a beacon of equality and democracy to the rest of the world. It will become increasingly the laughing stock of the other democracies of the world. 3) These inequities detract from the legitimacy--not the legality-- of the Constitution, of those elected to the Presidency, and all Presidential appointments--including those to the Judiciary and the Supreme Court. Because of the gross inequities caused by the Electoral College rules for electing the President, a permanent cloud of illegitimacy hangs over two of the three branches of government. This combined with the contradictions described in 1) above, could lead to increasing racial tensions, heightened social unrest and greater political instability in the US in the coming years . 4) These Inequalities are direct and obvious violations of the Equal Protection clause of the US constitution. In the majority opinion of the Gray v Sanders case that established the Equal Protection right of the 14th Amendment, Justice William O. Douglas stated "once the geographical unit for which a representative is to be chosen is designated all who participate in the election are to have an equal vote--whatever their race, whatever their sex, whatever their occupation, whatever their income, and wherever their home may be in that geographical unit...The concept of political equality under the Constitution visualizes no preferred class of voters but equality among those who meet the basic qualifications..." Where the geographical unit is the whole of the United States, Equal Protection means all votes for president should be equal regardless of the states in which they are cast. 5) A Moral Bind For Elected Officials and Government Employees. Elected officials and government officers are required take an oath to the best of their ability to "preserve, protect and defend the Constitution against all enemies foreign and domestic" and to take that oath "freely, without purpose of evasion". Knowing that the Electoral College rules cause such inequalities, inequities, and social injustice, how can a conscientious person of integrity take such an oath? Knowing that these inequities are built into the Constitution, what must people at home and abroad think of someone who takes such an oath? 6) The Electoral College Is Inconsistent with the Universal Declaration of Human Rights.The Electoral College prevents the United States from compliance with Article 21 of the Universal Declaration of Human Rights of the United Nations which calls for "...elections which shall be by universal and equal suffrage..." as a basic, unalienable right of all mankind. The US is not alone in failing to comply with this universal human right as shown in this cartoon.

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