Tuesday, October 27, 2020

The US Constitution, Presidential Elections, And Proposed Changes-By Harsha Sankar (October 2020)

The US Constitution does not call for a popular vote for President. It allows the state legislature to pass laws that govern the selection of electors.Once the electors are selected, they choose the President as they see fit and each state names one candidate as its choice for President.

When the 12th Amendment that explained how the electoral process of the Presidential election was to be governed, each state was a sovereign Republic. Since the Civil War, that is no longer the case. The US Constitution only calls for a plurality of electors to name its choice for President on behalf of each state. It certainly does not call for the plurality of state's popular votes to decide that state's choice for President. 


To reflect the change of governance that happened 155 years ago, each Congressional district should elect the electors via popular vote(public balloting) and that should be mandated in the US Constitution. Also spelled out in the US Constitution should be that the state legislature should pick the two at large electors to account for the fact that each state has two senators. Keep in mind that once a candidate is chosen by the electoral body, he or she receives all the electoral votes. There is no Constitutional Provision for faithless electors after that state's choice has been made.

The election of electors should be by direct and popular vote for President, provided it is electorally vote-based both per locality and per population. In locality electoral voting, every locality, regardless of population and area-size, receive the same number of electoral votes if it entirely fits in a congressional district. If a locality is split and belongs to two congressional districts, then its number of electoral votes is split by half, regardless of how that locality is split. The reason why this election is electorally vote-based per locality is because the President interacts more closely with the Senate and has State duties. The President represents and impacts the entire nation, not just a specific group within the nation.

The President also has to duly represent the People directly. After all, he or she signs off or vetoes legislation that originates in the House Of Representatives. Thereby, population electoral voting is also  needed to go along with locality electoral voting.
Every locality should be allocated electoral votes based  on its population.

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