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| One Person, One Vote |
On the same day Democrats took control of the U.S. House of Representatives, Congressman Steve Cohen (D-Tenn.) introduced two constitutional amendments that would eliminate the Electoral College and stop presidents from pardoning themselves.
Cohen introduced the bills the same day Democrats took control of the House and Nancy Pelosi retook her position as speaker. The bills also come as President Donald Trump faces continued pressure from federal investigators looking into Russia’s involvement in the 2016 presidential election.
“Presidents should not pardon themselves, their families, their administration or campaign staff,” Cohen said in a statement. “This constitutional amendment would expressly prohibit this and any future president, from abusing the pardon power.”
Another bill would get rid of the Electoral College, an archaic system of electing presidents that allowed Trump to win the presidency despite his rival, Hilary Clinton, receiving millions more votes.
“In two presidential elections since 2000, including the most recent one in which Hillary Clinton won 2.8 million more votes than her opponent, the winner of the popular vote did not win the election because of the distorting effect of the outdated Electoral College,” Cohen said in a statement.
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| Congressman Steve Cohen (D-Tenn) |
Up until 1913 with the passage of the 17th amendment U.S. Senators were appointed by State Legislatures.
Elimination of the Electoral College would do the same thing as the 17th amendment by allowing U.S. Presidents to be elected by popular vote or more specifically “one person, one vote.” Below is the House Bill presented by Congressmen and women Steve Cohen, John Garamendi, Jim Cooper and Julia Brownley.
To repeat Congressman Cohen’s words: “Americans expect and deserve the winner of the popular vote to win office.”
FROM THE CONGRESSIONAL RECORD:
116th CONGRESS
1st Session
H. J. RES. 7
Proposing an amendment to the Constitution of the United States to abolish the electoral college and to provide for the direct election of the President and Vice President of the United States.
IN THE HOUSE OF REPRESENTATIVES
January 3, 2019
Mr. Cohen (for himself, Mr. Cooper, Mr. Garamendi, and Ms. Brownley of California) submitted the following joint resolution; which was referred to the Committee on the Judiciary
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States to abolish the electoral college and to provide for the direct election of the President and Vice President of the United States.
Whereas the Founders of the Nation established the electoral college in an era of limited nationwide communication and information sharing;
Whereas the electoral college is premised on an antiquated theory that citizens will have a better chance of knowing about electors from their home States than about Presidential candidates from out of State;
Whereas the development of mass media and the Internet has made information about Presidential candidates easily accessible to United States citizens across the country and around the world;
Whereas citizens now have a far better chance of knowing about out-of-State Presidential candidates than about Presidential electors from their home State;
Whereas Thomas Jefferson wrote, “I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors.”;
Whereas since the Nation’s founding, United States citizens have amended the Constitution to expand the opportunity for citizens to directly elect their elected leaders;
Whereas the 15th Amendment guarantees the right of all citizens to vote regardless of race;
Whereas the 19th Amendment guarantees the right of all citizens to vote regardless of gender;
Whereas the 26th Amendment guarantees the right of all citizens 18 years of age and older to vote regardless of age;
Whereas the 17th Amendment establishes both a precedent and a preference for the direct election of citizens’ elected representatives; and
Whereas the electoral college has become an anachronism: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification:
“Article —
“ Section 1. The President and Vice President shall be elected by the people of the several States and the district constituting the seat of government of the United States.
“ Section 2. The electors in each State shall have the qualifications requisite for electors of the most populous branch of the legislature of the State; although Congress may establish uniform age qualifications.
“ Section 3. Each elector shall cast a single vote for two persons who have consented to the joining of their names as candidates for President and Vice President. No elector shall be prohibited from casting a vote for a candidate for President or Vice President because either candidate, or both, are inhabitants of the same State as the elector.
“ Section 4. The pair of candidates having the greatest number of votes for President and Vice President shall be elected.
“ Section 5. The times, places, and manner of holding such elections and entitlement to inclusion on the ballot shall be determined by Congress.
“ Section 6. The Congress may by law provide for the case of the death or any other disqualification of any candidate for President or Vice President before the day on which the President-elect or Vice President-elect has been chosen; and for the case of a tie in any election.
“ Section 7. This article shall take effect one year after the first day of January following ratification.”
THE 17th AMENDMENT IN THE CONSTITUTION
Amendment XVII
The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures.
When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
EXISTING LAW SUPPORTING ONE PERSON, ONE VOTE
“[W]e stated that ‘there is no indication in the Constitution that homesite or occupation affords a permissible basis for distinguishing between qualified voters within the State.’ And, finally, we concluded: ‘The conception of political equality from the Declaration of Independence, to Lincoln’s Gettysburg Address, to the Fifteenth, Seventeenth, and Nineteenth Amendments can mean only one thing—one person, one vote.’” C.J. Warren, Reynolds v. Sims, 377 U.S. 533, 558 (1964) (quoting Gray v. Sanders, 372 U.S. 368 (1963)).
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Reynolds v. Sims (1964)
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