Sunday, September 17, 2006

One elector, one vote

In John "torture memo" Yoo's preposterous justification for an imperial presidency today in the New York Times (dissected broadly here and here by Glenn Greenwald), he makes this claim:

But the presidency, unlike Congress, is the only office elected by and accountable to the nation as a whole.

Not really. If he was talking about France, for example, it would be correct: every citizen gets the same ballot with the same list of names competing for the job of President, and the person with the most votes wins. But the US President is not a directly elected official; as Yoo presumably knows, he is chosen by an electoral college, and citizens of each of the 50 states vote for presidential electors, not the president, and the distribution of electoral college votes is essentially the same as the distribution of seats in Congress, meaning that small states have more weight.

And this it not just technical nitpicking, since if the position of President really was a directly elected position, George Bush -- having lost the vote count in 2000 -- would not be President. Indeed, the ballot confusion that helped him in Florida would not have happened, because there would have been a single national ballot. As someone chosen by the majority of delegates to an institution based upon the 50 states, he has little more claim to holding a national office than the Speaker of the House or the Senate Majority Leader.

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