The American Electoral System Essay Example for Free

The American Electoral System Essay The American electoral system is essentially based on political efficiency and partial representation. Political efficiency may be defined as expedient balance between imminent interests. Partial representation means instructional politics. These two principles govern the interest-aggregation process, and in general, political dynamics in democratic countries. Background At the Constitutional Convention, the Virginia Plan was used as the basis for discussion and debate. The Virginia Plan called for the executive to be chosen by the legislature (by open ballot). Delegates from the majority of states agreed to this method of election. However, the so-called ‘Committee of Eleven’ formed to labor out details which included the mode of election of the executive. The committee recommended that the election be by a group of people apportioned among the states in the same numbers as representatives in the US Congress. This group of people would be chosen by each state, in a way determined by the Legislative branch. Gouverneur Morris explained the factors for the change. Among the factors were as follows: 1) fear that the president would be chosen by a small group of men who met regularly in ‘evening sessions,’ 2) equal parity among states, and 3) popular elections as mediums for extreme and irresponsible demagoguery. On the 6th of September 1787, the Convention approved the Committee’s proposal with some opposition from delegates who preferred popular election. The move was based on the belief that the state government must be a derivative of state sovereignty. As O’Neil argued: The theory of State sovereignty was assumed as true and valid by all states. The Massachusetts constitution of 1780 declares that the people of that ‘commonwealth have the sole and exclusive right of governing themselves as a free, sovereign, and independent State’ with certain limitations there laid down (3). The move was also based on reactionary ideology. Southern politicians feared that the ‘popular vote’ method would lead ‘waste of ‘ballot. ’ As O’Neil correctly observed: One reason, purely sectional, existed which made a popular election impossible. The slavery problem was an important element in the framing of any plan. The Southern states, with their system of slave labor, would be threatened with the loss of their relative influence in the nation, because a large portion of their population could not be trusted with the ballot (4). During the framing of the Constitution, the ‘electoral’ system was institutionalized, with its efficient guiding principles and framework. However, it was not without opposition. Some of the founding fathers opposed the move, declaring it as an offshoot of ‘aristocratic’ ordeal – the fruit of reckless political estimation. However, as O’Neil noted: A slight reflection, however, will convince them that this mode is in perfect harmony with the spirit of the United States Constitution. With the exception of the members of the House of Representatives, no person holding office under the United States government derives his appointment directly from the people (2). The Term ‘Electoral College’ The term ‘Electoral College’ was never used to describe the general vote of the electors. It was not until in the 1800s that the term ‘electoral college’ came into use as the shared designation for the electors chosen to cast votes for the President and Vice President. In 1845, it was formally written into law. The Nature of the Electoral College in its Early Conception. The composition, nature, and role of the Electoral College are defined in the US Constitution, prior to the passage of the 12th Amendment. Article II, Section 1, Clause 2 of the US Constitution states: 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. In Section 1, Clause 4, the Congress is tasked to determine the time of choosing the electors, and the day on which they shall cast their votes. Note that the day shall be the same throughout the country. In Clause 3 of the same section, it is determined that: The President and Vice President were to be chosen by the electors. Unlike the present system, each elector voted for two people for President, rather than one vote for President and one vote for Vice President. To become President, a candidate had to have more votes than any other and must have received votes from a majority of the electors. After the choosing of the President, the person with the most electoral votes among the remaining candidates would become the Vice President. If no one received a majority of the votes, the decision would be made by the House of Representatives. The form of the Electoral College was based upon several assumptions of the Framers of the Constitution: 1) each state should employ the district system of allocating electors, 2) independent judgment would be observed in the casting of vote of all electors, 3) candidates would not ‘pair together’ on the same ticket, and 4) the system would rarely create a winner, sending the election itself to Congress. The framers of the Constitution intended the Electoral College simply as a body that would nominate candidates from which Congress could select a President and Vice President. Each state government was free to have its own arrangements for selecting its electors. Revision With the rise of political parties and nationally coordinated election campaigns, the system complicated the 1796 and 1800 elections. In the 1796 election, John Adams was elected President, and Thomas Jefferson, Vice President. In 1800, Jefferson and Aaron Burr tied for the first place. Since all votes were for president, Burr’s votes were technically for him even though he was the party’s second option. The Congress remained deadlock for 35 ballots as neither candidate received the majority vote. To resolve the issue, Alexander Hamilton declared his support for Jefferson. Congress elected Jefferson President on the 36th ballot. To avoid this incident from occurring in the future, the US Congress proposed the 12th Amendment. Each elector could only cast one vote for President and one vote for Vice President. The 12th amendment superseded Article II, Section 1, Clause 3 of the Constitution. It was adopted in 1804. Constitutional Theory behind the Electoral System The founding fathers accepted the notion that the President and Vice President are elected as executives of a confederation of independent states. In short, in contrast to ‘popular election’ of members of Congress, the election of both the President and Vice President must be indirect. James Madison argued that the Constitution was created to be a combination of the state-based and population-based government. The US Congress should have two houses: the state-based House of Senate and the population-based House of Representatives. The President would be elected by a combination of the two methods. Madison was fearful of the growing cynicism of factions within the government. He defined faction as a group of citizens (either a majority or minority) who are united by some common or shared impulse of passion or interest detrimental to the rights of other citizens, in general, to the interests of the community. In Republican governments, factions would be generally curtailed because voter rights and powers are widely distributed. In short, the power of the faction would be lessened under a mixed-state set-up of government. In practice, this was short of impossible. As O’Neil noted: A sovereign nation and a limited national government were thought impossible. In rightfully opposing all projects of consolidation of the powers of sovereignty, they naturally fell into the error of opposing plan, which tended to the strengthening of the bonds of union, and the developing of a broader national spirit. Jealous opposition to the granting of too much power to the general government led them to oppose a plan electing a President which would make him the representative of the whole nation (4). Mechanics of the System When a citizen votes for a presidential candidate, that citizen is really instructing the electors to cast their votes for the same candidate. Suppose that the citizen vote for a Republican candidate. The citizen, in essence, is voting for an elector who will be ‘pledged to vote for the Republican candidate. The candidate who wins the popular vote in a state wins all the pledged votes of the state’s electors. Now, each state gets a number of electors equal to its members in the House of Representatives and one for each of its two senators. The District of Columbia gets three electors. State law determines how electors are chosen. In general though, they are selected by the political party committees within the states. A state with eight electors would cast eight votes. Currently, there are 538 electors. The majority vote is equal to 270 (requirement to be elected). In general, because Electoral College Representation is based on congressional allocation, states with larger populations get more Electoral votes. Suppose that none of the candidates win the required 270 electoral votes, the 12th Amendment require the election to be decided by the House of Representatives. Combined votes of each state are equivalent to one vote. A simple majority is required to be elected. It is possible for an elector to defect and not vote for the party’s candidate, because the Constitution does not require them to do so. However, such change in political attitude rarely affects the outcome of the election. In some states, ‘defector’ electors are prohibited from casting their votes. Nomination, Disqualification, and Meetings of Electors State political parties nominate candidates for electors months prior to the Election Day. The US constitution delegates to the state the authority for nominating and choosing its electors. In some states, electors are nominated through primaries. In some states, electors are nominated through party conventions. In other states, campaign committees of each candidate name their candidates for presidential elector. The Constitution prohibits person holding a federal office from being elected or appointed as elector. Note that a person who holds an office has sworn an oath to support the United States Constitution in order to hold either a state or federal office. When such person serves in the Electoral College, such individual is in theory rebelling against the United States. The congress though may remove this ‘function’ by two-thirds vote in each house. State legislatures determine how its electors are to be chosen. All states choose electors by popular election on the date specified by federal law. Forty eight states and Washington D. C. utilize the winner take all method – each awarding its electors as a single bloc. In other states, state legislatures select one elector within each congressional district by popular vote, and select the remaining two by statewide election. In the ‘short-ballot’ system, voters choose among a list of candidates for the associated elector. At present, only a few states list the names of the electors on the ballot. In other states, the voter is required to write-in names of candidates for elector. On Election Day, the electors meet in their respective state capital to cast their electoral votes on separate ballots for President and Vice President. Unlike the College of Cardinals, the Electoral College does not meet as one body. Congress has constitutional authority to regular the procedures in use. The election certification official opens the meeting and read the Certificate of Ascertainment. The document states the name of the chosen electors. Then, there is the selection of a president of the meeting. Sometimes, the electors choose a secretary, to take the minutes of the meeting. At the balloting time, the electors choose people to act as tellers. Each elector submits a ballot with the name of a candidate for President. The tellers count the ballots and announce the result. Then the casting of the vote for Vice President follows. After the voting is complete, the electors certify the Certification of Vote. This document states the number of electoral votes cast for both the President and Vice President. Copies are sent to the Senate President. Staff member from the Vice President collects the certificates for the joint session of Congress. The Certificates are arranged in alphabetical order. The Congress declares the winner of the election in the joint session. Conclusion The present electoral system of the United States is essentially based on the belief that the President and Vice President are executives of a confederation of independent states. As such, they cannot be directly elected by the people. The advantages of this system are quite obvious. First, it prevents the concentration of power in urban areas. Second, it maintains the federal character of the country. Third, it strengthens the status of minority groups. Fourth, it encourages political stability (political polarization). Fifth, it isolates election problems. And lastly, it maintains a clear line of succession. However, the system has not without criticisms. One criticism states that the electoral system destroys the essence of democratic vote, or in general, the true conception of popular sovereignty. A nation without true sovereignty cannot be nation, as what Burke would argue. In essence, the electoral system enhances the ‘aristocratic’ values of a predicated political system. Works Cited O’Neil, Charles. ‘The American Electoral System. ’ New York: HarperCollins Publishers, 2007. The United States Constitution (and other documents). New York: Macmillan Publishing Company, 1992.

Fashion and Semiotics Essay -- Sociology Semiology Symbolism

Ever since their invention many centuries ago, clothes have been used as a way of communicating. The message communicated relies on a number of factors including the social background of both the communicator and the receiver, and the context in which the message is communicated. Although at times the exact message or symbolism one is trying to portray may not be clear, it is evident that clothing has long been embraced as one of the best ways to project one’s desired personal image to those around them. For many centuries clothing was used namely as a form of symbolising one’s ascribed class and social honour. A good example of this was evident in Feudal European times when sumptuary laws were created in order to regulate and specify the clothing that could be worn by certain classes. In 1463 Edward IV went so far as to ‘[declare] that purple silk was to be the prerogative of the aristocracy’ (Finkelstein 1991, pg. 137). As purple dye and silk were both very expensive and sought after this declaration demonstrated quite simply that those who were in possession of such materials should command respect and were of high social standing. Eventually these laws were abolished as, instead of ‘confining people to their designated rank, the laws provoked an intense interest in fashion and a desire to transgress the codes, both in the process of prestigious emulation and as an act of rebellion’ (Craik, 1994, pg. 205). This abolition allowed groups and individu als to establish their own chosen style or ‘marker’ in order to indicate their place within society. By allowing such freedom, ascribed social status gave way to that which was achieved. This not only meant that many more people were able to engage in the ever-expanding culture of ‘Haute couture’ but also that honour was no longer perceived as a birth right but rather as something that could to be obtained. Such a shift in symbolism provided a way for those of not so noble a birth to portray themselves as the latter through a variety of means such as renting or stealing clothes and buying counterfeit copies (a common occurrence in today’s society also). In the late 18th century the Industrial Revolution occurred causing a huge shift in the ways in which clothing was produced and subsequently altering the ways in which clothing was perceived. For decades preceding industrialisation men and women of high so... ...o contextual influences and past experiences. Therefore it is almost impossible to pre-empt the ways in which others will perceive you. Over time ideas will change and therefore alter the ways in which we look back on past clothing choices. Whilst symbolism in fashion may no longer be subject to laws as it was in the 14th century or defined by strict social rules in the 17th century, the clothes we wear are still today subject to imposed social ideals. Apart from distinguishing one status group from another, a style of dress may also aid group cohesiveness, provide the individual with an identity and a feeling of belonging, and communicate the wearer’s attitudes and interests. The ways in which we interpret others and present ourselves for interpretation is the only true way that we can be individual. Symbolism in clothing may not seem as obvious or important nowadays as it was in times of extreme social bigotry, but it is still highly prevalent and has remained one of the most effective ways to project our desired image to those around us. ‘The state of a person’s clothes is synonymous with self respect and is a sign of responsibility’ (www. Pemberley.com/janeinfo/vebleis7.html)

Fiscal Federalism in Nigeria Essay

The question of an acceptable formula for revenue sharing among the component tiers of the Nigerian nation is one of the most protracted and controversial debates in the political and macroeconomic management of the economy. This debate has its foundations in the history and evolution of the Nigerian federation. â€Å"Revenue allocation or the statutory distribution of revenue from the Federation Account among the different levels of government has been one of the most contentious and controversial issues in the nation’s political life. So contentious has the matter been that none of the formulae evolved at various times by a commission or by decree under different regimes since 1964 has gained general acceptability among the component units of the country. Indeed, the issue, like a recurring decimal, has painfully remained the first problem that nearly every incoming regime has had to grapple with since independence. In the process, as many as thirteen different attempts have been made in devising an acceptable revenue allocation formula, each of which is more remembered for the controversies it generated than issues settled† Fiscal federalism refers to the scope and structure of the tiers of government responsibilities and functions as well as the allocation of resources among the tiers of government. Perhaps the most important issue of fiscal federalism is the revenue allocation formula, the sharing of national revenue among the various tiers of government (vertical revenue sharing) as well as the distribution of revenue among the state governments (that is, horizontal revenue allocation). The centralization of Nigeria’s fiscal federalism began with the report of the Dina Commission (1968) which argued that an appropriate revenue allocation system should result in a more equitable distribution of revenue among the states to achieve a balanced development of the federation. Revenue allocation can be described as a method(s) of sharing the centrally generated revenue among the different tiers of government and how the amount allocated to a particular tier is shared among its components. Nigeria is a federal state – under the federal system of government, federation or centrally-generated revenue is shared among the three levels of government, namely; the federal government, the states and the local governments. The theory of revenue sharing in a federal state is that each level of government receives an allocation of financial resources tailored to their specific requirements as defined by the mandate of legislative competence, their actual situation and the statutory indices of calculation. In Nigeria, decisions as to what proportion of centrally-generated revenue that would be retained by the federal government, the proportion that will be shared among the state governments and the proportion that will go to the local government has always been a problem, due to the fact that there is no consensus of opinion as to what could be seen as an ideal formula. The principles that guide the implementation of intergovernmental fiscal relations include: (a) The Principle of Diversity: The federal system must have the ability to accommodate a large variety of diversities. Hence, the fiscal system must provide scope for variety and differences to supply national, regional and local public goods. (b) The Principle of Equivalence: Based on the geographical incidence of different public goods, allocative efficiency requires the equalization of locational advantages arising from inter-jurisdictional differences with a combination of taxes and public goods and services. This requires the use of fiscal instruments for achieving macroeconomic objectives of growth, stabilization and full employment by residents of different geopolitical units; this requirement controls for what is often referred to as â€Å"central city exploitation thesis†. (d) Minimum Provision of Essential Goods and Services: This ensures that fiscal federalism guarantees all citizens, irrespective of where they reside, the minimum provision of ertain basic public goods and services. (e) Principle of Fiscal Equalization: In order to ensure a minimum level of public goods and services same degree of fiscal equalization is required. This is as a result of differences in resource endowment. (f) The Efficiency Principle: This principle implies that efficiency must be applied in the allocation of resources (g) The Principle of Derivation: The component units of a system should be able to control some of its own resources as they desire. h) The Principle of Locational Neutrality: Interregional fiscal differences tend to influence location choices of individuals and firms. Therefore, policy should focus on minimizing distortions due to some interference. Hence, differential taxes which create locational distortions should be avoided as much as practicable. (i) The Principle of Centralized Redistribution: This principle states that the redistribution function of fiscal policy through progressive taxation and expenditure programmes should be centralized at the federal level. That is, if the redistributive function is decentralized, it can result in distortions in location decisions. It should be noted that the above principles are not mutually consistent. There are several challenges and contending issues confronting intergovernmental fiscal relations in Nigeria: 1) Non – Correspondence Problem Ideally, each level of government should be given adequate resources to allow it discharge its responsibilities. Because this is not possible, there is usually a lack of correspondence between the spending responsibilities and the tax powers/revenue sources assigned to different levels of government. It is this incongruence that is often referred to as the non-correspondence problem. In Nigeria, most of the major sources of revenue come under the jurisdiction of the federal government yet lower levels of government are supposed to generate internal revenue. There is, therefore, the need to resolve the imbalance between assigned functions and tax powers. The issues concerning fiscal relations among the constituent units of the Nigerian federation that remain mostly unresolved are the divergence between assigned functions and tax powers, principle of horizontal and vertical revenue allocation, dependence of states and local governments on federal sources of funding, tendency towards concentration and federal presence in the states (Fadahunsi, 1998). The five principles currently applied in the horizontal revenue allocation formula are far from acceptable to all the stakeholders. 2) Fiscal Autonomy and Independence The issue of relative fiscal autonomy and independence of the state and local governments in a true federal structure goes with the corollary issue of the correspondence of governmental functions and revenue sources. Since the creation of the twelve-state structure in 1967, states and local governments have been excessively dependent on the Federation Account. This independence must be reduced if the federating units are to be free to pursue their own development goals without being hampered by the unpredictable fluctuations in their shares of the Federation Account. It is important that revenue sources should be reallocated and made compatible with the fluctuations stated for each tier of government to enhance steady and proper funding of administrative and developmental activities instead of the often experienced unexpected financial constrictions at the two lower tiers of government. 3) Oil Producing States, Oil Producing Local Government Administrative Areas or Communities Professor Omo Omoruyi in his treatise â€Å"the Politics of Oil: who owns the oil, Nigeria, states or communities† (2000) raised three salient questions on true ownership of oil in Nigeria. The question of local control over local resources is an established constitutional principle in federal systems. But the way the Nigerian federal system developed under the external colonial order (1954-60) and continued under the period of geo-ethno-military internal colonial order (1960-1999) and in the democratic dispensation between 1999 to date is yet an unresolved contending issues in the discourse about Nigeria’s federalism. He challenged the â€Å"Tripod† approach to Nigeria’s problem where the three major ethnic nationalities decide the content and the trend of national issues. This tripod approach to Nigerian politics, should have been done away with by now, with the introduction of the notion of ‘federal character’, which takes states in the federation as the units of representation. The tripod approach to Nigerian politics applies to how the oil, which comes from the non-majority areas, is approached in the political and economic discourse. We should also be aware of the feeling among the majority ethnic nationalities that the areas producing oil by virtue of powerlessness in the military and politics should not be allowed to lay claim to the oil from their areas as of right†. However, theres a distinction between oil producing communities and oil producing states. This is the basis of the activities of the Traditional Rulers of the Producing Communities who are dealing with the President and want the money due to states on the basis of the 13% derivation in the Constitution should be paid to the â€Å"oil producing communities/local government areas†. The Traditional Rulers’ argument is that â€Å"communities† own oil and not â€Å"states†. This is an unresolved issue and separates the communities in riverside areas directly affected by oil spillages from their compatriots in landed areas from enjoying the full benefits of allocations to producing states. One does not know the end of this argument. How should the National Assembly address this matter? The federal government should find a way of making the oil producing local government administrative areas as shareholders in the joint venture arrangements with the oil companies, thus making them stakeholders in the oil industry. There was the issue of who should be spending the oil money. Should it be the Nigerian government in conjunction with the oil producing areas? Should it be the oil producing areas alone? The Constitution from 1960 till after the civil war up till 1978 gave the right of ownership to the federal government but the proceeds were shared between the federal government and the regions or states on the basis of derivation like the agricultural crops. 4) Federation Account and the Derivation Fund It is important to define what constitutes the Federation Account – to which the various vertical revenue allocation formulae have been applied and what should be directly financed from it. Up to 1990, the amount accruing yearly to the Federation Account was still over 96% of totally federally collected revenue; but since 1991, when it first dropped to about 75% and nose-dived to around 35% by 1997, it showed no sign of recovery (Olowononi, 1999). It is therefore clear, that in such a situation, whatever the vertical formula applicable, there must still be a serious fiscal imbalance between the ederal government and the two lower tiers of government. It is crucial to redress this revenue imbalance in the spirit of balanced true federalism. What appears to account for this imbalance is the assertion of the self-claimed right by the federal government to finance various first-line charges from the Federation Account before the application of the vertical formula. The first-line charges include funding for external debt service, national priority projects, NNPC priority projects, special reserve account, and excess proceeds of the crude oil sales account, and in addition, the joint venture cash calls account. These deductions are made from the proceeds of crude oil sales before the derivation fund in the Federation Account is arrived at, and after which further deductions for special funds and the funding of the federal capital territory are made. It will seem more logical, with the exception of the joint venture case calls, that these various charges which are federal government obligations be financed solely from the federal government’s revenue proper, that is, from its share of the Federation Account or from its revenue from other sources. Therefore, in order to determine what constitutes the derivation fund, resolving the issue of the Federation Account is crucial. Thereafter, the derivation formula to be utilized can be arrived at. 5) Oil – Producing Areas and the Derivation Principle The crude oil production has been the most important economic activity in the Nigerian economy since the early 1970s is not subject to debate. Its impact is not limited to its contributing almost 90% of Nigeria’s total foreign exchange earnings but also to the fact that the national budgets are predicated on the expected annual production and price of crude oil.

Ethics Laws Of Conduct Of Society - 886 Words

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