How democratic is the American electoral system?

In view of the deadlock the matter was referred to the House of Representatives for resolving as a part of contingency election as mandated in the constitution. In the House of Representatives the Republicans voted for Thomas Jefferson while the Federalists cast votes in favour of Aaron Burr, which resulted in deadlock again. As the story goes, Alexander Hamilton of the Federalist Party had to succeeded to overcome the deadlock in favour of Thomas Jefferson, who became the third president of the United States of America.

Constitutional amendment was made in 1840 on September 15 to prevent repetition of deadlock. Practically two party system has been introduced since then. The amendment, known as twelfth in the constitution, however, did not bring about qualitative change in electoral system.

The twelfth amendment was the significant constitutional amendment in the Electoral College in the history of America. However, the system in the constitution to elect president actually undermines universal one man and vote. A section of pundits, however, argued in favour of Electoral College as check and balance between popular vote and electoral vote. The twelfth amendment stipulates that "the electors shall meet in their respective states and vote by ballot for President and Vice-President, one of them at least shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, direct to the President of the Senate." President of the Senate is the Vice-President of the country.

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; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. Accordingly, 538 electors from 50 States plus District of Columbia will select President of the United States of America. A Presidential candidate needs at least 270 votes of electors to win the election. The State of California has the highest number ofelectors (55). Interesting part of the Electoral College is the appointment and voting pattern of electors. The electors of President and Vice-President shall be appointed, in each State, on the Tuesday following the first Monday in November, in every fourth year. The electors shall meet and give their votes on the first Monday after the second Wednesday in December following their appointment in each State as the legislature of the State shall direct. Incidentally these electors are not elected people's representatives, but nominated by State legislature.

This system leaves enough scope to manipulate electors by the political parties in the elections. Also, they cast their votes after the country wide general elections on November 02 every fourth year. The election results could be torpedoed by Electoral College. There are many examples in America's history. In 1824, four candidates -- Andrew Jackson, John Quincy Adams (son of John Adams), Henry Clay and William H. Crawford secured votes evenly. None received majority. The matter was referred to the House where contingency election took place. Representatives of the House voted in favour of Quincy Adams despite Jackson's lead in both national and electoral votes. Jackson and his supporters criticised the election process as illegitimate and called for abolition of Electoral College. There was another disaster in 1876 election, which led to almost civil strife in the country as the Democrats began preparing Tilden-Hendricks Minute Men clubs arming with rifles after declared defeated in the Electoral College by one vote. The Democrat candidate was leading in national votes by wide margin against Republican candidate Rutherford B. Hayes.

Another crisis of the Electoral College emerged in 1888 elections when Benjamin Harrison won majority electoral votes defeating Grover Cleveland, who secured majority national popular votes. In 1960, John F. Kennedy, a Democrat, won the elections with electoral vote margin of 84 against Republican Richard Nixon. Americans unfortunately witnessed worst ever situation in the presidential elections of 2000 at the threshold of twenty-first century. Therefore, Electoral College vote overshadowed national popular votes resulting in reference to the House of Representatives for a decision.

In 2000 elections, Al-Gore, presidential candidate of the Democratic Party was won popular vote by slim margin while George W. Bush of the Republican Party claimed winner in electoral votes. Since the results were not decisive, Representatives of the House voted to select presidential candidate while vote counting in Florida State became disputed.

This has become a serious constitutional crisis in America's history. American Congress possibly thought of such consequences 57 years back and made Automatic Succession Act of 1947 under which office of President goes to the Speaker of the House, then to the President pro tempore of the Senate and finally to various Cabinet officials in case both President and Vice-President do not qualify on the inaugural day. Therefore, Speaker of the House of Representatives J. Dennis Hastert had to assume office as Acting President of the United States of America. Our Future organisation's Robert Kuttner focused on the Florida debacle of 2000 elections by saying that "the Republicans are also able to hold down the number of opposition votes, with complicity from Republican courts." It was amazing to witness that the general electoral college and elections in the House of Representatives (as contingency election) have failed to produce elected President and Vice-President ,which in fact resulted in the presidency being won by an individual, who did not contest.

It would be pertinent to quote from the book: The Electoral College Primer 2000 written by Professor Lawrence D. Langley of Lawrence University: "The presidency and the nation were transformed by these events -- the presidency fatally weakened and made subservient to Congress for its determination and maintenance, and the nation traumatised and divided by months of political and constitutional crisis." Professor Langley became elector two times. As writer Andrew Busch pointed out "since 1797 over 700 constitutional amendments have been proposed in Congress to alter or abolish the Electoral College, and opinion polls over the last fifty years have consistently shown a majority of Americans favouring alternatives like direct popular election." But the system has been continuing unabated to the detriment of the democratic institution.

Since widely expressed opinion is in favour of abolition of Electoral College it would be wise for the Congress to abolish the system and hold the presidential elections under adult franchise in line with democratic norm and tradition, which will truly reflect the words of Abraham Lincoln: "... government of the people, by the people and for the people ...."

Mohammad Amjad Hossain, a former Bangladesh diplomat, writes from Virginia.