THE 2020 ELECTION AND THE CONSTITUTION

With all the hoopla surrounding the coming elections (2020), it is interesting to look at what the Constitution had to say about the subject - both the original document (including Amendments 1 to 10), and the remaining Amendments.

It is fairly obvious that the Founders were against creating a Democracy, and in the original document gave the people only a direct vote on their Representatives in the Congressional House. Even then, they kicked the can down the road on the subject of qualification to vote, essentially leaving it up to the States to decide individually. This is just one of several glaring faults in the Constitution. The requirements for qualifying to vote should have been spelled out explicitly and should have been uniform across the country for the Federal election.

The 17th Amendment (one of two in 1913 that set the stage for the downfall of the U.S.) added the Senators to those directly elected by the populace, effectively creating two Houses of Representatives, but with different rules. Again, instead of rectifying the omission in the original with respect to qualifications, they kicked the can down the road once more.

However, with respect to the choosing of the President, the people were not only deprived of direct election by the Electoral College mechanism, but were even denied direct election of the Electoral College Electors. The original document specifies that "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress". Nothing in the remainder of the original document nor in any of the Amendments changes the right of the State Legislatures to appoint the Electors for the Electoral College, although if a State chooses to use a popular election to decide who to appoint, several Amendments have a lot to say as to who may or may not vote in such an election.

Since the Constitution states that "Each State SHALL appoint..." their electors, convene them for their votes, and forward the results to the Senate, one might reasonably assume that such action should be taken in a timely manner. Nothing in the original document or the Amendments suggests that such required actions might be justifiably delayed by an optional popular election at the State level. Thus it is hard to justify the concern that the actual determination of the winner of the Electoral College might not occur at the normal time.

At the same time, there seems to be no real deterrence to any State Legislature appointing their Electors based on any whim they might take, regardless of the results or lack thereof of any popular election, or for that matter, any overreaching dictum from any court. Thus schemes to eliminate the Electoral College and choose the President by the national popular vote are unnecessary - the same result can be achieved within the current Constitution by getting sufficient State Legislatures to agree to appoint their Electors based on that criteria.

This, of course, is just another of the several glaring faults in the Constitution as mentioned above. The Founders apparently hoped that such faults might be corrected by the Amendment procedure provided for, but most Amendments have tended to create more faults rather than correct the original ones (author's opinion). The result seems to lack the 'conceptual integrity' described by Fred Brooks in his classic 'The Mythical Man Month'.