A 269-269 Tie???

It's at Least a Possibility...Thanks to Our Founders

As the election approaches its final climax we are beginning to see the polls tighten up in the various battleground states that are still in play. As a result, the likelihood of a 269-269 tie in the electoral college is becoming more likely with each passing day. Though odds-makers claim that a 269-269 tie is relatively low, the fact remains that this outcome is still within the realm of possibility.

So what happens if the election ends in an electoral college tie? Most people think that the popular vote would then come into play. WRONG! The 12th Amendment to the U.S. Constitution spells out what will happen in the event of a 269-269 tie.

If we have a tie on November 4th, the House of Representatives will convene on January 6th to vote for the next president of the United States. Now, most Republicans fear this outcome because of the fact that the Democrats are favored to pick up a few seats in the house. However, the voting is NOT based on a MAJORITY in the House. Instead, the 12th Amendment stipulates that EACH STATE gets one vote. This means that a heavily populated state like California will be on the EXACT SAME playing field as Wyoming and other small states. So, what will happen is each state delegation will meet and cast their vote for the next president. If the state has a Republican majority then the state will likely vote for McCain. Here is an example:

Arkansas (which has 4 representatives in the House) is split with 3 Democrats and 1 Republican. In the event of a 269-269 tie, these four representatives would meet and (most likely) cast their vote for Obama, being that the Democrats have the majority in that state's delegation. HOWEVER, keep in mind that Arkansas is heavily favored to go for McCain on November 4. So if these delegates voted for Obama they would be essentially voting AGAINST the will of their constituents. This scenario is evident in at least 15 other states as well.

In addition, if a state has an equal number of Democrat and Republican representatives and their vote results in a tie, that state will ABSTAIN from a vote on the president.

So what does all this mean? In all likelihood it means that Barack Obama would probably emerge as the president in the event of a 269-269 tie, but it is FAR from certain. There are still a number of scenarios in which John McCain could be declared the winner. In reality it is anyone's guess.

Another important component to keep in mind in the event of a 269-269 tie is that the SENATE will vote for the V.P. Being that the Democrats are favored to pick up a couple of seats in the Senate it is likely that they would vote for Biden, however, this is far from a guarantee. Keep in mind that senators may end up voting with the masses they represent, so as not to upset their constituents. Also, Joe Lieberman (an Independent) is likely to go with the Republicans on this one. In the event of a tie in the Senate, we must remember that the current V.P. (Dick Cheney) would cast the tie-breaking vote, which would in all likelihood go Republican.

Again, what does this mean? It means that there is a possibility of having a MIXED presidential ticket in the event of a 269-269 tie. We could end up seeing an Obama/Palin or a McCain/Biden White House.

One more wrench to throw into the equation: if the vote in the House of Representatives for president ends in a tie (or gridlock) the 12th Amendment stipulates that the Senate would then elect an INTERIM PRESIDENT from their V.P. selection, who would then serve for two years until the next HOR convened in the following election (2010). This means that if the HOR ends in a tie or gridlock, we could have Joe Biden or Sarah Palin end up serving a two-year term as President of the United States.

Think this is all a bit crazy or that maybe I am making it up? It is ALL in the 12th Amendment.

So how did we end up like this in the first place? It all goes back to the 1800 presidential election between John Adams and Thomas Jefferson. Back then there was no such thing as a presidential "ticket," which meant that the candidate with the second most electoral votes became the V.P. In 1800, Jefferson was the clear winner over presidential incumbent, John Adams. However, the electors (who had 2 votes instead of one) also accidentally gave Aaron Burr (who was intended to be Jefferson's V.P.) the same amount of votes. As a result, the election went to the House, where delegates loyal to Adams tried to get Burr placed in the White House over Jefferson. In the end, Jefferson won out, but only after months of controversy. As a result, the 12th Amendment was created, which was supposed to clean up the mess. Only time will tell if the 12th Amendment ends up CREATING a new mess in the 21st Century!!!

Here is an interesting Youtube video that helps explain this mess:

How well do YOU Know the Preamble?

How well do YOU know the Preamble to the Constitution of the United States? Hopefully, you know it better than ole Barney Fife. :-)

Happy Birthday James Madison

On this day, in 1751, the "Father of the Constitution" was born. James Madison is often a forgotten figure of the American Revolution. His deeds are regularly shrouded by the other "giants" of the revolution, yet his contributions are undeniable. James Madison was without question the most passionate crusader for a change in government during the years of the Articles of Confederation. Thanks to Madison, the federal convention in 1789 became a bloodless coup d'etat, which led to the implementation of the Constitution. Madison was also a powerful advocate for the Bill of Rights (which he primarily authored). Historian Gordon Wood put it best when he wrote:

It is lamentable that Americans do not remember Madison as well as they should, especially when we reflect on who he was and what he achieved: The major architect of the Constitution; the father of the Bill of Rights and one of the strongest proponents of the rights of conscience and religious liberty in American history; the coauthor of The Federalist, surely the most significant work of political theory in American history; the leader and most important member of the first House of Representatives in 1789; the co founder of the Democratic-Republican Party in the 1790s; the secretary of state in Jefferson's administration; and the fourth president of the United States. All this, and still he does not have the popular standing of the other founders.

Happy Birthday James Madison!

The Articles of Confederation

On this day in 1781, the Articles of Confederation were radified, and became the governing structure of the former British colonies. The Articles gave each state, "its sovereignty, freedom, and independence, and every power, jurisdiction, and right." As we all know, the Articles of Confederation were done away with only a few years later by the radification of the Constitution. As weak as the Articles of Confederation were, they still deserve the recognition of being the first governing system of the United States. Without the Articles, there is a good chance that we would have never adopted the Constitution. There can be little doubt that the Articles of Confederation played an important role in the development of our republic. I find it tragic that so many American know nothing about the Articles of Confederation. They are a national treasure that should be recognized. Click here for a link to the Articles of Confedration at the National Archives website.

John McCain and America's Christian "Origins"

In a recent Republican debate, Senator John McCain was asked if he agreed with a recent poll which stated that 55% of Americans believe the U.S. Constitution establishes a Christian nation. McCain responded by stating, "I would probably have to say yes, that the Constitution established the United States of America as a Christian nation." McCain went on to say the following:

"I just have to say in all candor that since this nation was founded primarily on Christian principles … personally, I prefer someone who I know who has a solid grounding in my faith, but that doesn’t mean that I’m sure that someone who is Muslim would not make a good president."

In response, the Jewish Defense League chided McCain's remarks, reminding him of the religious freedoms protected in the Constitution. The Muslim American Society also responded with harsh criticisms for the Arizona Senator, stating that such a reckless statement is not only hurtful, but also found nowhere in the U.S. Constitution. McCain was reminded of Article 6, Section 3 of the Constitution, which states that "no religious test shall ever be required as a qualification to any office or public trust under the United States."

In the past, McCain has stated that his favorite Founding Father was John Adams. Perhaps he should revisit some of the comments Adams had in regards to the founding of this nation. After all, it was Adams that stated, “The government of the United States of America is not in any sense founded on the Christian Religion."

To read the entire article that criticizes McCain for his statements click here.

217 Years Ago

On this day, 217 years ago, the Bill of Rights became law. This was the culmination of literally decades of struggle dating back all the way to the Declaration of Independence. After eight years of bloody conflict, combined with several more years of civil discontent, the United States had finally created a system of laws that proctected individual liberty. James Madison, the origonal mastermind of the Constitution and the Bill of Rights, was able to push this document to the forefront of governmental affairs. For the longest time most of America's early leaders wanted nothing to do with a Bill of Rights, but Madison would not take no for an answer. His political genious and tireless effort finally got the Bill of Rights to be accepted. This document has maintained some of our basic freedoms (more or less) for over two centuries.

220 Years Ago

Sorry for not writing in a while...I've been sick. It's good to be back.

As we all know, December 7 is a day that will forver live in infamy. The entrance of the United States into World War II was a landmark day for this nation, one that must never be forgotten.

As important as Pearl Harbor was in American History, the date carries an even older significance. 220 years ago the United States was convulsing from within over the issue of government. Many within the Constitutional Convention had suggested that the Articles of Confederation be rejected, and a new government created. As we all know, that new government was established with the Constitution. What is often forgotten is the fact that the states still had to ratify the document. On this day, 220 years ago, Delaware became the first state to ratify the Constitution of the United States of America. This was a pivotal moment because nobody was sure how Delaware would vote (especially with the aftermath of Shays's Rebellion). In the end, Delaware UNANIMOUSLY ratified the Constitution, ushering in America's new Constitutional government.

Remembering the Articles of Confederation

The Articles of Confederation are one of the most neglected and overlooked aspects of the American Revolution. It is often clouded by the grandiose history of the Declaration of Independence and the Constitution (not that those documents are undeserving). Many students today have never even heard of the Articles of Confederation. Though their legacy may not be as grand as other historical documents, no true historian can ignore their massive importance in the American Revolution saga. As historian Donald Lutz of the University of Houston put it:

"The Articles functioned as the first national constitution of the United States and, as such, reflected American political theory as it emerged during the Revolution. Equally important, a textual analysis reveals the extent to which the 1787 Constitution was a logical extension of the Articles of Confederation. Most of the Articles were incorporated in the U.S. Constitution, and several key changes found in the later document were present in embryo in the Articles of Confederation."

To understand the federal government and the Constitution one must first understand the Articles of Confederation. It was an essential first step in shaping American political ideology. One also gains a greater appreciation for the truly remarkable achievement that was the Constitution when we consider that the Articles of Confederation was THE governmental system of the United States. In essence, the Constitutional Convention was a bloodless coup d'etat when we consider the role of the Article of Confederation.

In addition, understanding the Federalist Papers (and anti-Federalist Papers) can only be accomplished with a strong understanding and knowledge of the Articles of Confederation.

Of course we must also keep in mind the limitations of the Articles of Confederation. After all, they were replaced with a more centralized system of government created under the Constitution. James Madison called the Articles, "a blessed stumbling block that re-charted America's course." Despite its faults, the Articles of Confederation should be remembered as a critical stepping-stone in what the founders have called, "The American experiment."

Presidential Elections and the 3/5 Compromise

During the Constitutional Convention, James Madison noted an important observation he had made. He claimed that of all the difficulties that separated Northern and Southern states, slavery was by far the biggest. As we all know, the founders of the American Republic sanctioned a 3/5 compromise to the Constitution. This compromise guaranteed the Southern states greater representation in Congress by counting slaves as 3/5 of a person. Essentially, this meant that the South would have a larger say in government at the expense of its slave population (which of course was not allowed to vote).

Northerners saw this as misrepresentation. Their feelings were that since slaves could not vote, they should not be counted amongst the general population of the South. In essence, the North felt cheated by the hypocrisy of the South's demand for greater representation, especially since the representation came at the expense of slaves.

The effects of the 3/5 Compromise became evident at election time. In the election of 1800, Thomas Jefferson defeated John Adams by only 7 electoral votes. The election was clearly divided by the slavery issue. The north had predominantly gone with Adams, while the South sided with Jefferson. As the votes were counted, Northern politicians quickly realized that without the 3/5 Compromise, Jefferson would have defeated. The fact that slaves had been counted as part of the South's representation had given Jefferson the victory. Later elections would have the same results. The election of James Madison and Martin Van Buren would all be influenced by the 3/5 Compromise.

It is worth noting that the South owed a tremendous political debt to a large chunk of the population they chose to keep in bondage.

Native American Influence on the Constitution

Recent scholarship on the history of the early American republic has uncovered some interesting insights into what influenced the establishment of our nation. One of the most interesting studies in recent years has to do with the influence of various Native American tribes on the Constitution. Certainly there is no doubt that numerous factors influenced the creation of the Constitution. It is unlikely that only one source or influence was at work. With that in mind, I think it is worth mentioning what some historians have been discussing when it comes to Native American influence on the creation of the Constitution. Here is a short quotation from James Mann, one of the leading writers on this topic:

"So vivid were these examples of democratic self-government [from colonial Indian history] that some historians and activists have argued that the [Indians'] Great Law of Peace directly inspired the American Constitution. Taken literally, this assertion seems implausible. With its grant of authority to the federal government to supersede state law, its dependence on rule by the majority rather than consensus and its denial of suffrage to women, the Constitution as originally enacted was not at all like the Great Law. But in a larger sense the claim is correct. The framers of the Constitution, like most colonists in what would become the United States, were pervaded by Indian images of liberty"

Thoughts?