Dear Brent Kendell, JD:
Hilary Clinton won the popular vote but Donald Trump is the President. As far as I understand, this has something to do with the Constitution and the Electoral College. I’m no lawyer but can you explain this concept and its effect on the election?
Doug KellerThanks for the question which has been in the news lately with the results of the recent presidential election and involves Constitutional Law. The founding fathers of our great nation thought the American public was too stupid to make the final decision is the Presidential election. The Electoral College is made up of representatives of each state and the largest states will have representatives called “electors.” These electors will give all of their votes to the Presidential candidate that wins the popular vote in each state. The Electoral College dates back to the colonial times when each state acts as its own country printing its own money and having its own army. When these states finally became one country the states would send representatives to a convention to choose the President. During a confusing election in 1800 led to the 12th Amendment in 1804. Instead of casting two votes for the President, each elector must pick and President and a Vice President on his or her ballot which ensures that the President will be paired with his running mate. Before the 12th Amendment the electors could vote for a President and a Vice President that may not have been the candidate’s choice for Vice President. More than once in history has a President been elected even though losing the popular vote. Modernly, the Elector College voted for the second President Bush despite Al Gore winning the popular vote. If the Electoral College had been abolished Al Gore would have been President. Arguably Al Gore would not have invaded Iraq. It has been theorized the second President Bush only invaded Iraq because Saddam Hussein attempted the assignation of his father, the first President Bush, which lead to the death of tens of thousands and set the state for ISIS and the terrorist problems we face today. Should the Electoral College be abolished? That depends upon who you ask. Personally I feel the American public has the knowledge and should have the power to vote for their President without the interference of the antiquated and outdated Electoral College.
Brent Lee Kendell, JD, CPA
Dear Brent Kendell, JD: