Sunday, January 26, 2020

How does three fifths of a person vote?

   In the last post I let it be known that I could not find a reason for the Electoral College system in supporting documents.  That didn't surprise me too much for the Anti-Federalist Papers because they were all in favor of keeping and just modifying the Articles of Confederation.
   But I was surprised to find nothing in the Federalist Papers.  So I sat down and read the entire Constitution itself, this time with the idea of looking for how the Electoral College system came about.  I did not have to read very far when the biggest reason was staring me straight in the face.
   In Article 1, Section 2, Paragraph 3 we read: "Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons.  The actual enumeration shall be made within three years after the first meeting of the congress of the United States, ...".
   Now how does three-fifths of a person vote for the President?  The answer is that they cannot vote.  The only way that you could achieve that was to have something like the Electoral College system.
   Next we must consider who these three-fifths people are.  The short answer is since indentured servants were counted in the whole count and Native Americans (Indians) were excluded, drum roll please - slaves.  Did the slave owners want their slaves to vote?  Hell No!
   Did the XIII amendment kind of make this way of doing things obsolete?  It did so only partially.  The slaves were no longer slaves in the biggest sense of the word although their position in society was maintained by Jim Crow legislation at the state and local level.  But the people didn't include a provision for abolishing in XIII amendment.  Why not?  Why have a popular vote for the President and Vice President when you can't even have a popular vote for the Senators to the United States congress?  I am omitting for the moment that several more amendments were yet to be passed that refined how the Executive branch was selected and maintained including provisions for a President dying during term of office.  The XIII amendment wasn't adopted until 1865.
   The XV amendment was adopted to make sure the former slaves had the right to vote.  It was adopted in 1870.
   The XVI amendment gave the United States government the right to collect direct income taxes.  It was proclaimed on 25 February 1913.
   Finally, the XVII amendment gave everybody the right to vote for their United States Senators.  It was proclaimed on 31 May, 1913.  So we have a template to follow in making the President and Vice President of the United States also being selected as a pair by popular vote.
   I said a pair in the last paragraph.  Why did I say that? Well, the creators of the Constitution erroneously thought there would be no political parties.  Boy were they wrong!  Imagine Thomas Jefferson being saddled with the do nothing position of Vice President to John Adams of the other political party.  That was rectified in amendment XII.  It was adopted in 1804.  So much for the infallibility of the Constitutional creators.

   Are we through with the obstacles for an amendment to the Constitution of the United States to replace the Electoral College.  We have to look at another reason the Electoral College was used first.

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