The Electoral College Explained

If I never read one more report of there being a President-elect Trump, it will be too soon. I’m begging here, please. Please. This is fair warning. I will not be held responsible for blaming the messenger for the message when taking out my frustration on the next person who tells me this is a fact. Even the sitting President of the United States has referred to him as the President-elect, so it is somewhat understandable that reporting outlets and other even less well-informed sources would think that perhaps this is true.

It isn’t true. Yet.

Hand-in-hand with my frustration on that score, the media is full of stories of how the electoral college is not designed to reflect the will of the people perfectly, that the majority of the population should be expected to understand that their candidate lost an election even though they won it. That their candidate would not be the person who wins the votes of the electoral college, the body which elects the President-elect.

These observations are also untrue, and I will explain why both of these are facts, contrary to the numerous sources that report otherwise.

The electoral college has a long and troubled history; in fact, it wasn’t even in the first draft of the Constitution. Originally, congress was to select the president, but this was deemed too prone to intrigue and was seen as crippling the independence of the executive branch, making it reliant on congress. At least two of the original attendees of the convention favored direct popular election of the executive, including the author of the constitution, James Madison. This idea was sacrificed in order to make inclusion of the slave states palatable,

There was one difficulty however of a serious nature attending an immediate choice by the people. The right of suffrage was much more diffusive in the Northern than the Southern States; and the latter could have no influence in the election on the score of Negroes. The substitution of electors obviated this difficulty and seemed on the whole to be liable to the fewest objections.

Something the defenders of the current electoral college should take better heed of. The numerous slaves in the Southern states, slaves that the Southern slave owners and state representatives wanted counted as people for the purpose of apportioning representation, would have skewed the college and congress towards the South, which the North objected to. The South wanted slaves counted as people, for the purpose of representation, but not counted as people, for the purpose of profiting off of their slave labor. The impasse over the problem of representation threatened the entire constitutional convention, much like the problem of slavery threatened the possibility American independence.

It was the invention of the three-fifths rule, a rule that counted each slave as three-fifths of a person, that allowed for a compromise on representation, and through that, a compromise on the election of the office of president. Changes have been made along the way to the electoral college but the essence of the college itself remains the same; that essence being a safeguard against factions having undue sway over the selection of the executive for the government.

Not the people but the factions, the parties, were to be guarded against.

The electoral college is inherently set up to reflect the population of the United States as a whole, providing one elector for every seat in the House of Representatives plus one for every Senator. Add in the three electors for D.C. and you have the number of electors in the current electoral college.

However, there is a fly in this ointment.

The representation of the House has been kept artificially low for most of the modern age, it was fixed at 435 in 1911. This has lead to an ever-increasing number of people represented by a single seat in congress, a ridiculous number of people that the framers would never have envisioned as acceptable. The original minimum population per house seat was 30,000; but the current representatives for the House each represent about half a million people, at least, with the higher population districts containing about three-quarters of a million people.

This is important, because this is how you get to the point where a candidate can win by well over a million votes in the popular election, and yet lose the election by electoral count. The electoral college is rigged against the popular vote being reflected in the makeup of the college, because the electors are not properly apportioned to the populations of the various states. For that matter, the House of Representatives no longer serves its function as a representation of the people, because it too is not apportioned correctly even though it was set up specifically to serve this purpose.

This means that there will be a House of Representatives of several thousand people if we change the rules back to what they should be. I do understand the suggestion I’m making, and I think it is a good idea. I’m betting we’ll get a better representation of the cross-section of America if we do this, ending a lot of the talk about disconnected Washington politics in the process. Will it be more difficult to get important work done? I doubt that it can get more difficult than it is already.

This latest travesty of an election is not even the first time this century that a candidate for President received more popular votes and yet lost the election as it is calculated in the college, and still I run across statements from apparently well educated people who insist that these kinds of outcomes are to be expected.

I beg to differ. If the system worked as it was intended, then as a general rule the electors would reflect almost perfectly the will of the people, provided that the will of the people is not being swayed by factions with too great a control over the system.

Factions with too great a control over the system.

It is patently obvious to anyone looking at the election results for 2016 that this election was horribly flawed on many levels. However, the presumptive winner is unquestionably the least fit person ever to be put forward as the next president, erroneously called the president-elect before the electors have even cast their votes (slated to occur December 19th) if ever there was an election where cooler heads should be allowed to prevail, this is it. Thoughtful deliberation might actually be the only thing that can save this country now.

The hope that the electoral college represents something real may seem pretty frail, but I’ll take it. I sincerely hope that it is not the formality that so many stormtrumpers insist that it is.

In any case, anyone who says the electoral college is not intended to reflect the will of the people is lying, because it was the intent of the framers to do just that. It falls to us now to insist that our will be respected, and not the manipulations of the various states and factions who wish to control this country through the selection of our next president.


Well, the votes are in and they say the Birther-in-Chief has earned the title. We won’t know for sure until the ballots are certified on Jan. 6th, but really there is little doubt that the electoral college failed to do its job on the one occasion that its job was crystal clear.

Just read back over the posts on this blog. Authoritarianism vs. Humanism. The Orange Hate-Monkey. The various MAGA posts (more of those to come) including On Presidential Tax Returns. When I penned Hillary for President?  I made the observation,

I will be voting for the Democrat, because the Republican party has apparently gone over to the magical thinkers, and I don’t believe in magic. The entirety of the Republican Party has been dispatched on a fool’s errand by the Tea Party’s co-option. Until they can figure out who they are and what they stand for, I don’t have the time of day for the party as a whole. If they were to nominate someone who accepted science, wasn’t knee-jerk opposed to immigration, accepted that women have a right to medical care including abortion services, if they nominated someone who didn’t espouse belief in Reaganomics, I might have to revise my opinion of them. I don’t see much chance of that since none of the more than 10 potentials vying for the nomination meet this criteria.

Not even in my wildest dreams did I think they would be so stupid as to nominate a lunatic as their candidate. One that pretended to a lunatic, sure, not an actual lunatic. But the OHM, he’s a true believer, a nutcase. If he isn’t, he’s convinced his followers that he is, and they’ll back him even if he does shoot people in the street himself. Which makes him the equal of every tin-pot dictator that ever strutted his hour upon the stage…

But it doesn’t make him eligible to be president.  He isn’t eligible to be president. 

Undiagnosed mental instability aside, he refuses to comply with the constitution’s emoluments clause. Isn’t going to divest himself of his businesses. He has named appointees who will clearly gut every department of the federal government just based on their stated previous desires. Only the military will be preserved; and that will, of course, be enlarged. He’s planning to profit form being president, this swindler of a man, and he isn’t even being coy about it. We cannot allow him to take office. If he takes office, we cannot allow him to do anything unchallenged. The racist gauntlet that the GOP forced Obama to go through for six out of his 8 years has got to pale by comparison, or we will all be branded as racists along with these white supremacists who are riding into power along with the OHM.

This cannot be allowed to stand, but more on that after the holidays.

This addendum is here for one purpose and one purpose only. That purpose is to point out that the Electoral College has failed to do its only job in the one election in history that it could possibly have proved its worth. With this travesty of an election in the rear-view mirror it now becomes painfully obvious that we must amend the constitution to remove the Electoral College, or we have to legislatively render it toothless in every state legislature in the US. Since it won’t do the job intended, can’t serve the purpose intended, it needs to be replaced with a simple majority of the popular vote, or legislation that compels them to vote for the winner of the popular vote. That is the only reasonable answer left to us.

Video from National Popular Vote! National Popular Vote! What It Is – Why It’s Needed

A study released this week demonstrates that the best way to influence your representative is to hire a representative to visit him, or go yourself.

It is worth noting that the findings that paid representatives visiting your congressional representative for you has positive results is based in part on the reports of those same paid representatives. No conflict of interest there, I’m sure.

But what this report does show is exactly what I said in the body of this article about the imposed limitation of 435 members placed on congress by congress itself. This is one of the easiest things that we could fix, and it would fix the electoral college at the same time.  Increase the size of congress, make the representatives more focused on communicating with their much smaller groups of constituents, much more replaceable by those same groups.

A constituent base of 30,000 people means that my specific region of Austin would have their own representative in congress. A larger congress would be impossible to control externally by factional politics. It would lead to the formation of regional parties and a dilution of power in Washington D.C. We’d need to build facilities to house the additional several thousand representatives, which will be a windfall for the states and Washington itself. I don’t see how this works out as bad in any real way.

So rather than paying more money to influence my congressman I propose we pay the congressmen less money and multiply their number by about a magnitude. Require them to listen to us if they want to keep their jobs. As a bonus, the electoral college will increase in size and we won’t see a repeat of this last election again. 

The Orange Hate-Monkey

There is a definite sense of the surreal in my reality this week. I was behind in most of the podcasts I listen to because I was trying to follow the news right up to election day. I have blissfully ignored most of the news since Tuesday, November 8th 2016, with a few glaring exceptions that I will get to shortly. I have been wading into the swamp of audio that has flooded my feed in the last two weeks, putting off listening to episodes of Waking Up, as one example. I’m saving those for when I have the capacity to concentrate on serious philosophical subjects again. I’m tossing out the dross that is no longer relevant now that reality has shifted post-election. Don’t really need to keep abreast of the latest tech, so no TWiT.tv for awhile. The science podcasts are my bedrock, though; which is why the last episode of Inquiring Minds has deepened the surreality I’ve been experiencing since Tuesday.

INQUIRING MINDS – 154 Changing Political Minds – November 4, 2016

(the eyeless, open-headed logo for the show is creeping me out as it stares at me now)

Listening to the people who attempt to defend their affinity for the Orange Hate-Monkey in the podcast isn’t helping. Oh poor, misunderstood me whining by rural whites strikes me as just this side of pathetic. As if urban blacks don’t have problems, haven’t had worse problems for the better part of two hundred years. The fact that the researchers on this podcast are so divorced from the truth of the matter, that the reality-disconnected people they have been interviewing actually turned out to be the ones who had the last laugh, that they got their American Psycho candidate on a collision course with the White House, in the face of the researcher’s own blithe belief that Hillary Clinton was a shoe-in for the presidency, isn’t helping with the surreality of this moment in time.

When I coined the phrase Orange Hate-Monkey, I wasn’t just being mean or childish. Repeating Chris HayesBirther-in-Chief label is something I do mean and childishly. Like the label for his profession, Real Estate Developer, which is just another form of epithet for an architectural design professional like myself, the moniker Orange Hate-Monkey is an attempt to describe the particular type of reality disconnect I perceive when this dangerously psychotic man speaks.

The man (and I use that term loosely. I assume he has working male parts because he has children he claims as his own. He isn’t a man in any other fashion that I can determine) does love to talk, and other people seem to find his blather endlessly amusing for reasons which I cannot fathom. No matter how many times I yelled at my television screen “why are you asking this liar questions when you know he will just lie to you?” in the last year, no one ever seemed to stop and ask if this person they were talking too was really all there, mentally.

All I ever heard in his voice was deception and hatred. All real estate developers have a looser than average grip on reality. It is a hazard of the job, sizing up the real estate you can afford and then putting lipstick on that pig so that you can get the best price. Sincerity sells, so they learn to believe their own bullshit more fervently than anyone else around them, more fervently than used car salesmen, even though they know it is all bullshit. As a real estate developer, these delusions are an asset to be utilized.

You sell the delusion. The delusion is all you sell, as a real estate developer. The sales receipts go in your own pocket, the development bills go to the corporation you create as a front. When the time comes you walk away with the cash, leaving the corporation on the rocks to soak up the costs your delusions incurred. This is the business model of the real estate developer in question, the Orange Hate-Monkey. Theft of service, his standard of practice. He is still in the same business.

Politics is almost pure delusion, stories we tell ourselves and each other to further a social agenda. Every single one of us creates a narrative in our heads that is mostly false, except to us. That we are more important than we are. That our opinions matter. That our votes count. That we know what is real and what isn’t. That what we think is real is real, as if our thinking it makes it real. That our leaders think of us when they do their jobs. That our leaders value us beyond the vote we cast, the duties we can perform. None of this is true, except to us individually. Internally. As a part of our narrative.

The notion that eleven million people can be deported from the United States, as the Orange Hate-Monkey stated when he launched his campaign, is pure delusion. No matter how many racists and sociopaths work the numbers in pretense that this is an exercise divorced of prejudice or bias, the fact is that Hitler wanted to deport the Jews prior to having to institute the final solution, and he only had to get rid of six million people. All the hand-waving in the world will not change what it is they want to do when they actually embark on the road to doing it. He and they are the American fascists we have been warned about, and that isn’t even touching on the promise to exclude Muslims from the country.  The corollary with the holocaust is even firmer there, and so is pointless to belabor.

The great wall he wants to build, can’t be built. This is also a delusion. Engineers have weighed in on this. It would alter climate (explain that one away, please) and render several bird species extinct, even if it could be built. Mexico won’t pay for the wall that can’t be built, either.  Insisting otherwise is just that much more evidence of mental instability, not a firmness of resolution.

Then we get to the real subject of his mental instability, aside from the beliefs about the place of Obama’s birth. That would be his blatant denial of science.

Science is almost the opposite of politics. Science is one of the very few things which we can say for certain is real. Science is quite likely our only link to objective reality; and that only briefly, in glimpses. Science can determine when someone is lying or not. Science can determine when the globe is warming, and what those warming effects might be. Science can say that evolution is a fact, even though I’ll lose half of America’s attention asserting this fact as fact.

I add that last point consciously, just as I crafted the phrase Orange Hate-Monkey consciously. It’s all well and good to talk about being able to establish facts, it is another thing to start telling people they might need to get an electric car, or that they are related to their dogs and cats far more closely than most religious people are comfortable accepting. But those are facts all the same, and denying those facts sets you on the trail to madness, to insanity.

Like the moniker Orange Hate-Monkey, I crafted the phrase Conspiracy Fantasist for a reason. I have consciously rejected grand conspiracy theories and derided them as fantasies ever since I started noticing the woo, the craziness, which is rampant in health discussions. Almost without trying I can summon a dozen arguments I’ve heard concerning Big Pharma and GMO’s and I could spend all day and all night for the rest of my life arguing fruitlessly with science deniers on these subjects, but that isn’t why I bring this subject up. I bring it up because once you start questioning science as a basis for determining the likelihood of truth, all logic goes out the window and anything can be real. Everyone has a conspiracy fantasy that they hold dear including yours truly, but if you don’t know that what you are harboring is a fantasy you leave yourself open to manipulation by people who do that for a living.

A real estate developer is one of those kinds of people. A real estate developer that appears to believe every single conspiracy fantasy that comes along, believes it right down to his soul, will use those fantasies to sell you on what they want you to buy and they will drink that kool aid right along with you, because they believe just as strongly as you do.

Therein lies the problem.

As much as I am ignoring the news this week, I can’t help but notice certain facts that rise to the surface. The Birther-in-Chief is floating cabinet appointments and Supreme Court nominees and the disconnect with reality that is present in these selections begins to be painfully obvious. Ben Carson for Health and Human Services? Yeah, the guy who is in the back pocket of an MLM (read that as Pyramid Scheme) he’s got his own problems with perceiving reality. A fracking billionaire for Department of Energy. An oil man for Secretary of the Interior. Bridgegate Chris Christie as the Attorney General. That will be pretty hard to pull off after he is disbarred. Serial philanderer Giuliani is even less attractive. Flynn for Defense. A climate denier for the EPA.

Big Bang Theory card, pre-election

As you go down this list, this basket of deplorables, you begin to notice that all of those names, all of them, are vociferous supporters of the Orange Hate-Monkey’s conspiracy fantasies. Nearly all of them are climate deniers, birthers and other types of fringe-thinking lunatics. The dangerous disconnection with reality that he already displays will not get any better with any of the names he offers up as his advisors.

Our problems just get worse.

There is no requirement that the president be of sound mind, even if we wanted to advance the Birther-in-Chief’s soundness of mind as a basis for disqualification. Here is the passage from the Constitution,

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

The oath of office doesn’t mention it,

“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

Big Bang Theory card, post-election

Although any attempt to imprison a person without due process, as he has threatened to do on the campaign trail several times, would be an impeachable offense. Consequently anyone who thinks Hillary Clinton should go to jail can just sit down and shut up now, unless they want him impeached. Go ahead and goad him, I will not stop you.

Our last hope to keep this dangerously deranged person, this person who is only going to get more deranged in office, is the electoral college, and I see little hope in that. As Robert Reich noted recently, Hillary Clinton only needs forty-two electors to change their vote to her, and we avoid the cost, pain and violence that will be required to pull the Orange Hate-Monkey out of our government by the short-hairs. As much as I will be right there with Senator Sanders when the Stormtrumpers show up for minorities and Muslims, it would be so much simpler if the electors just did their jobs and made sure the person who won the popular ballot is named as the president-elect. That the person they name isn’t under federal indictment. That the person isn’t currently awaiting trial. That the person isn’t actually dangerously psychotic, mentally deranged and a sexual pervert to boot.

I’d settle for it being Hillary Clinton, but I think you get the point. Hillary Clinton won the popular vote by over 2,000,000 votes. She is the third Democratic candidate to do this and not win the election in the last twenty years. City residents, people who tend to be more liberal, are clearly at a disadvantage electorally. What is needed is a change in state laws, something like this. Maryland is the latest state to say #TrumpNotMyPresident 11 other states have also passed this. Let’s see if we can get all 49 to pass it. It is either that, or we liberals will have to occupy all the state houses until they do. State houses which are all inside large cities. Where the liberals are.

In any case, I’ll see you on the other side of December 19th, at least when it comes to the subject of someone officially becoming the President-Elect, which the Real Estate Developer is not and hopefully will never be. Maybe the world will look brighter then.

Common Sense 119 – A Delegate Conspiracy and the Establishment Clause

Podcast link. [Broken]

Excellent first half of the show, Exposing the Super Delegates. How many Democrat voters realize how their party is structured?

I’ve talked to dozens of people over the years who have whined (yes, I mean you, whiner) about the theft of the 2000 elections by George W. Bush, because the popular vote wasn’t for Bush, it went to Gore.


Never mind that the election was a statistical tie (as was the 2004 election) in most locations around the country. Never mind that the legislatures of most states (including Florida) are empowered to choose who their electors should vote for in the event of no clear victor in a national election. Never mind that the method of selection for national representatives (other than the Senate) is left up to the states to determine, and that includes the President. I’m no friend of election in the first place, so maybe I’m biased. Still, one has to wonder what limitations on majority rule can be maintained when everything becomes a popularity contest, a beauty pageant, first and foremost.


Several people have made a point to tell me that the thing that most needs fixing in our government is the electoral college, because of this outrage. How outraged will they be when their own party takes the popular vote and renders it meaningless by using the super delegates to select Hillary Clinton to compete against John McCain instead of Barack Obama?

Think it can’t happen? Then you don’t understand your own party. From the Wikipedia:

Superdelegates to the 2008 Democratic National Convention include all Democratic members of the United States Congress, Democratic governors, various additional elected officials, members of the Democratic National Committee, as well as “all former Democratic Presidents, all former Democratic Vice Presidents, all former Democratic Leaders of the U.S. Senate, all former Democratic Speakers of the U.S. House of Representatives and Democratic Minority Leaders, as applicable, and all former Chairs of the Democratic National Committee.”

The 2008 Democratic National Convention will have approximately 796 superdelegates. Delegates from state caucuses and primaries will number 3,253, resulting in a total number of delegate votes of 4,049. A candidate needs a majority of that total, or 2,025, to win the nomination. Superdelegates account for approximately one fifth (19.6%) of all votes at the convention.

This has been done before, as Dan pointed out. The truly pointless candidacy of Walter Mondale can be wholly laid at the feet of the super delegates.

What I want to know is how will Bill spin it afterwards? After he uses party muscle (and bribery; er, contributions to super delegates) to get what he wants?

I don’t think it will happen, though (sorry Dan) The representative for the district I reside in, Lloyd Doggett, is a long time leader of the Texas Democrat party, and he announced Texas’ intention to throw the Clintons under the bus by publicly declaring his support for Barack Obama before the recent debates here in Austin.

So I guess I’ll have to revise my prediction of a Clinton victory.


The second half of the show dealt with smaller government. Smaller government as in most government power being in the hands of local and state governments (as the founders intended) rather than in the hands of large federal bureaucracies (as the US government is currently structured) This is a trend that is occurring now, with California and several other states being willing to go head to head with the feds over things like pollution controls and the drug war.

What we are seeing is not new, this is the way that an out of control Washington D.C. is reigned in. The states simply ignore what the federal government tells them to do, or actively thwarts it (as in the case of Medical Marijuana) It was known as the Principles of ’98 (1798, to be exact) the first time it was tried, and Jefferson was it’s architect. My only question is, why this has taken so long to take root?

In a general sense I have no problem with this. I fly the Gadsden flag for a reason. It hearkens back to the times before the Constitution, when individual land owners within the several states decided to act to secure their rights as free men. Individual freedom first and foremost. State power should be subservient to this. Which is where I draw the line.

The bill of rights for the US Constitution should continue to (and currently do) apply to all governments constituted within the federal boundaries of the United States. Which means there will be no establishment of religion (as Dan calls it, a “god-abama”) or various other governmental permutations that would violate the basic rights of the individuals who reside in those areas. If different states really want to secede (like Vermont for example) more power to them. If they want to stay members of the United States, they need to conform to the requirements of the constitution.

I’ve often wondered why we don’t invite other countries into the US as states, rather than drafting these ridiculously convoluted trade treaties. I can understand why other countries might decline, considering the vampiric nature of our current government; but if we could get back to the kind of government we started with, before the cause of individual rights was lost in the political subterfuge of states rights and slavery, what population wouldn’t want to join?


March 2nd addition – I completely missed the solution to Dan’s God-abama conundrum. The solution goes like this:

If you’re homeschooling, teach whatever you like. I’m betting parents that homeschool aren’t going to teach ID [intelligent design] Even if they do, the percentage will be so low as to be insignificant.

Private schools will not teach ID, because they survive on the prestige of their alumni. If the alumni are flipping burgers because they can’t fathom critical thinking (all that is required to understand the evolution vs. ID argument) chances are the school won’t be in business too long.

Government schools are the only chance for ID to take hold, and that is why it must be resisted without compromise in that arena. If there were no government schools, there would be no widespread issue concerning what science is or isn’t, because the blindly religious would maintain their own failing schools or home school, and the rest of the population would rally around verifiable results.

I’ve often thought that the way to get what we want out of the schools, if we have to pay for them with taxes, is to issue vouchers to the parents directly and let them hire the teachers and maintain the schools. We hand the job of crafting tests and developing standards that verify real educational results to the businesses that demand an educated workforce. And then let the market determine the outcome.

But that wasn’t the question asked at the beginning of this thread. The question was about ID in relation to Dan’s assertion that we could let the religious have segments of the US as their own playgrounds so that they would leave the rest of us alone.

And in that framework the answer is NO to ID.

A market solution is the only counter to Dan’s original conundrum. And it only occurred to me today, even though I’ve frequented http://www.schoolandstate.org for a few years now.

Separating school and state is the only workable solution short of standing on the establishment clause and allowing the states to secede, because schooling is the major point of contention between the religious and the secular.


March 4, 2019. So much crazy here. I wish I had access to the original audio for the Common Sense episode this was about. Sortition was a thing I was into. I remember that. Sortition is itself not a problem so long as the incapable are barred from serving. This measure should also be taken on the subject of election. President Trump proves this. Election itself is not a problem so long as everyone within the country is mobilized to vote and required to vote. This removes the popularity contest that is the problem with the current system. Everyone voting means that popularity of the candidates is irrelevant. Issues will rule the day again. But sortition works in a pinch, too.