Category: Law, Constitution, and Jurisprudence

WHY IS THERE AN ELECTORAL COLLEGE AND WHY WILL IT NEVER CHANGE?

–“When you vote for a Presidential candidate, you aren’t actually voting for President.  You are telling your State which candidate you want your State to vote for at the meeting of electors. The States use these general election results (also known as the popular vote) to appoint their electors.”–

REASONS FOR THE ELECTORAL COLLEGE
The electoral college consists of a number of citizens of the state according to the number of federal representatives including the house and the senate.

Each candidate, but in reality each party, selects a number of electors – basically, among the people most active in the campaign for the individual and the party.

Most states require electors to vote the popular vote, but at least two states use proportional distribution to the candidates.

So you’re voting for the group of electors chosen by the people with the most knowledge of the candidate, the party and the platform.

Why? Defense against influence and manipulation from out of state actors. Defense against the abuse of the voting process by radicals or corruption or special interests – it’s too many people of too much understanding of cause and consequence to bribe in one way or another.

The Electoral College was established for several reasons:

1. (Legitimacy) To balance the power between small and large states.
The Electoral College was a compromise that balanced the influence of states with varying populations. It aimed to ensure that both smaller and larger states had a role in selecting the President, thus preserving the federal structure of the government where both national and state interests are considered.

2. (Legitimacy) To ensure a broad regional consensus in Presidential elections.
The system was designed to ensure that candidates needed to gain support from a variety of regions, preventing dominance by a single, populous region or state. This encouraged Presidential candidates to campaign across the entire country and consider a broader range of interests.

3. (Competency) To provide a check against direct democracy and prevent potential tyranny of the majority.
The Founding Fathers were wary of direct democracy due to concerns about the potential for mob rule and the tyranny of the majority. They believed that a pure popular vote could lead to unqualified candidates being elected based on fleeting popular sentiments or demagoguery.
So, the Electoral College was seen as a buffer between the population and the selection of the President, allowing for a more informed and deliberate decision-making process by electors who would theoretically be better informed about the candidates and their qualifications.

In other words, the USG was not designed to advance the majority but to protect the minority against the majority.

THE USE OF “COMMONALITY” AND “CONCURRENCY”

1. Commonality in the Law (Common Law) of Dispute Resolution (Via Negativa)
Commonality refers to the empirical method of determining legal principles and dispute resolutions based on the consistent findings of courts across various classes and regions. This ensures that judicial decisions are incrementally refined, consistent, and precise.
– Empirical Basis: Commonality relies on the aggregate findings of courts, making legal principles grounded in real-world applications and experiences across diverse contexts.
– Incremental Refinement: Through repeated application and scrutiny, legal principles and precedents are continually refined, ensuring greater precision and consistency over time.
– Universal Application: By drawing from a wide range of cases and regions, commonality ensures that legal principles are universally applicable and not biased toward any particular class or region.
– Example Definition: “Commonality in the law of dispute resolution refers to the empirical method of deriving legal principles from the consistent findings of courts across various classes and regions. This approach ensures that judicial decisions are incrementally refined, consistent, and precise, reflecting a universal standard of justice.”

2. Concurrency in the Production of Voting and Legislation (Via Positiva)
Concurrency refers to the empirical method of producing voting outcomes and legislation through the common assent or veto across different regions and populations. This ensures that the legislative process accurately reflects the empirical desires of the population.
– Empirical Reflection: Concurrency captures the true will of the people by requiring widespread agreement or veto, making the legislative process a genuine reflection of the population’s desires.
– Protection Mechanism: This method protects the interests of minorities from the arbitrary discretion of authorities and safeguards majorities from potential excesses of the majority’s impulses and follies.
– Balanced Governance: Concurrency ensures balanced governance by integrating diverse regional and population-based inputs into the legislative process, preventing unilateral decisions that could undermine the common good.
– Example Definition: “Concurrency in the production of voting and legislation refers to the empirical method of deriving legislative outcomes through common assent or veto across different regions and populations. This approach ensures that the legislative process accurately reflects the desires of the population, protecting minority interests and limiting the impulses of the majority.”

These definitions emphasize the empirical nature of both commonality and concurrency, highlighting their roles in creating a just and balanced government that protects minority interests and limits the potential excesses of majorities.

The purpose of these rules is:
1 – the production and preservation of the legitimacy of the government and the courts.
2 – the production of legitimacy in ‘settled law’ and ‘settled legislation’ – meaning the public acceptance of the legitimacy in the law in court, public, or political activism.
3 – the defense against the majority passions and majority incompetency.

Cheers
CD