If Voting Made Any Difference

“If voting made any difference, they wouldn’t let us do it.”

This quote is attributed to Mark Twain. While I don’t agree, let’s consider that in November’s presidential election. Hillary Clinton received over 2.8 million more votes than Donald Trump, however, Trump won the election.

As we all know, the Constitution provides for election of the president by the Electoral College; see both Article II and the Twelfth Amendment. So while Clinton received a large number of votes more than Trump, though neither candidate received 50% of the popular vote, Trump received significantly more electoral votes than Clinton, 306-232.

The Presidential election marks the fifth time in American history that a presidential candidate won the popular vote but lost the Electoral College vote and therefore the presidency:

1.) 1824: John Quincy Adams was elected President over Andrew Jackson despite losing the popular vote by over 38,000.

2.) 1876: Rutherford B. Hayes was elected President over Samuel J. Tilden despite losing the popular vote by over 250,000.

3.) 1888: Benjamin Harrison was elected President over Grover Cleveland despite losing the popular vote by over 94,000.

The fourth and fifth times the popular vote winner did not become president has been in this century:

4.) 2000: George W. Bush was elected President over Al Gore despite losing the popular vote by over 540,000.

5.) 2016: Donald Trump wins the Electoral College vote over Hillary Clinton despite losing the popular vote by over 2.8 million.

What does this mean? Should the process change? These are questions that should be considered and debated by us all. In fact there is a movement, entitled the National Popular Vote. The National Popular Vote bill would guarantee the Presidency to the candidate who receives the most popular votes in all 50 states and the District of Columbia. Eleven jurisdictions, ten states and the District of Columbia have already passed this bill. The National Popular Vote bill supposedly is consistent with the Constitution, so no Constitutional amendment is required. The National Popular Vote website is: http://www.nationalpopularvote.com/

According to this website, the National Popular Vote movement has bipartisan support, including support from President Elect Trump in a 2012 statement, though he recently recanted that statement in the wake of his Electoral College victory.

So, let’s ask ourselves two things:

1.) Is it time to change how our President is elected; and

2.) Is Mark Twain correct?

– Allan Opsitnick

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Author: opsitnickslaw

Allan J. Opsitnick J.D. and B.A. Degrees, University of Pittsburgh

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