Mukiibi Eric
The United States of America (USA) or, simply, America, is a country with 50 Federal States, Washington DC being the Capital City.
Article II section 1 of U.S Constitution as amended enshrines that the President shall hold his office for a term of four years together with the Vice President therefore without benefit of doubt the next 2024 Presidential elections are scheduled to be held in November this year.
But to note it is more of voting the Electoral College than President simply because United States system of voting Presidential Candidates differs from other Nations.
In fact the Electoral College vote takes precedence over Popular Vote for instance in the past 23years it has happened twice where Candidate with most number of popular votes not elected America President that is in 2000 where democratic Candidate Al Core got 500000 votes more than a Republican Candidate George W. Bush and the Electoral College voted in favor of George W. Bush.
And of recently in 2016 a democratic Candidate Hillary Clinton defeated Republican McDonald Trump with about 3million popular votes rage and eventually Trump declared America President elect and the Question is “whether this Electoral College a prerogative to the Republicans and a doom to Democrats”
According to the effect of Article II section 1 of the American Constitution, to be declared President elect you must win the Electoral College with a simple majority as opposed to popular vote.
It is worth noting that this College is constituted of voters from each State nominated in processes defined by each State Law. Out of the 50 States, 33 States choose electors by Party Conventions. In comparison, State Party Committees select 7 States.
The District of Columbia, and the remaining 10 States adopt appointments by party nominees, State Chair appointments, Presidential nominee appointments, gubernatorial appointments and hybrid methods for elector selection as it is common to everybody that America is characterized of the Blue States (Democrats), Red States(Republicans) and the Purple States Alia Swing States, the United States Constitution Article II section 1 .
Furthermore emphasizes that no senator or Representative or person holding an office of Trust or profit under the United States shall be appointed an elector and well as in additional to the 14th Amendment also provides that a person engaged in insurrection or rebellion against America or given aid to its enemies shall not be appointed to.
The Electoral College comprises 538 delegates, and each State is represented based on its population; for instance, California has 55 delegates to the College, while Wyoming has 3 delegates, which is the minimum number of representatives from each State.
After the regular session of voting, the Electoral vote does not officially take place until 14th December, when the Presidential Candidate requires only 270 electoral votes, though in most cases, when popular people cast their ballots for President, they are also casting a vote for the Candidate’s electors for instance if people vote for Eric a Democrat in Florida it is a signal to the electors to also do the same in the Electoral College however theses delegates are not compelled to do so though some State laws restrict delegates how to vote.
However, in case neither of the two candidates scores the required simple majority in the Electoral College, the House of Representatives vote to choose the President, and at this stage, each State is entitled to one vote irrespective of the number of representatives, therefore out of the 50 States only 26 votes are required to declare a winner notwithstanding this has been very rare in the country’s political history that was in 1800 and 1824 Presidential elections when the House chose Thomas Jefferson and John Quincy Adam as Presidents respectively.
As mentioned above the popular vote guides Electors on how to vote in the College though it is not mandatory. That is why, in 2016, Trump defeated Clinton in the college; these electors are people. As you know people change their minds for instance four out of the twelve State electors in Washington broke ranks and did not vote for Clinton, irrespective of her winning the popular vote in that State.
Notably, prior to the 1804 12th U.S Constitution Amendment, the second runner-up would automatically become the Vice President, which is no longer the position. Currently, Presidential Candidates campaign with their Vice-Presidential Candidates.
The United States of America is considered one of the countries with the highest degree of democracy, and I am not against what statistics or writings elucidate.
Honestly, I do not know whether I am right or wrong to say that this system is purely not under a description of democracy if masses can vote for their Candidate with a rage of over 3 million votes and the Electoral College can overturn people’s aspirations and wishes by voting for the other Candidate. Note that we should not snub the fact that this system is stipulated within the United States Constitution, which is the Grund norm.
Therefore, I concur with the draftsmen’s intentions and the mischief since most Laws are promulgated based on the moral values of respective communities for how people should behave; therefore, moral standards greatly influence on the development of Law in societies.
About the Author;
Mukiibi Eric is a Year 3:1 Law Student at Nkumba University-Entebbe, Elected Honorable Member of Parliament in the 29th Guild Parliament representing the School of Law whereby I also serve as the Head of Legal and Parliamentary Affairs Committee, Member of the Nkumba University School of Law Research Club and also serves as the Head of Field Department in Ethical African Organization.
