The Electoral College, Part 3: What Has it Wrought?
Sherwin Markman • June 23, 2020
Right off the bat, the Electoral College system, so carefully devised by the founders, failed. Their dream that a president would be carefully selected by a cadre of wise, thoughtful men (the “electors”) chosen by the legislatures of the several states, immediately foundered on the inescapable need of political leaders to form themselves into political parties. In the case of the new America, it was the Federalists, headed by the likes of John Adams, and the Democratic-Republicans, led by Thomas Jefferson.
It started with the perversely unique election of 1800, when Jefferson and Aaron Burr ran against Adams and Charles Pinckney. In that election, it was clearly understood by all that Jefferson was the presidential candidate and Burr the vice-presidential. When the electors met to decide, they voted 73 to 65 in favor of Jefferson and Burr, defeating Adams and Pinckney. It should be noted that they voted, not as the independent “wise men” envisioned by the drafters of the Constitution, but in lockstep as demanded by their respective political parties (whether that is constitutionally required is the subject of two Supreme Court cases likely to be decided this month).
However, in one of the great political betrayals in American history, Burr announced that he had been, after all, secretly running for president all along. That created a constitutional catastrophe because the Constitution then provided that the electors shall cast two votes without distinguishing between president and vice president, and that the presidential winner would be the man receiving the most electoral votes, as long as it was a majority. Therefore, because they had run as a team, the electoral votes for Jefferson and Burr tied at 73, with neither receiving the required majority. So it was that the decision was thrown into the House of Representatives with each state to cast its single vote. For 35 ballots, the House was deadlocked between these two candidates, with the Federalists backing Burr. Finally, on the 36th ballot, Alexander Hamilton, himself a Federalist leader, threw his support to Jefferson, breaking the tie and enabling Jefferson to win the prize.
That debacle led, in 1804, to the adoption of the 12th Amendment requiring the electors to vote separately for president and vice president, which is the rule today. But that fix did nothing to cure the two critical failures of the Electoral College: the risk of a perverted election when more than two viable candidates sought the presidency; and the greater risk of elections that result in the defeat of the candidate who captures a majority of the popular vote.
Both corruptions came roaring forward in the election of 1824. By that time, 18 of the then 24 states had moved to the popular election of electors (all of the remaining states would eventually follow). There were four presidential candidates: Andrew Jackson, John Quincy Adams, Henry Clay, and William Crawford. Jackson clearly won the popular vote — 11 percent more than Adams — as well as a lead in the electoral vote. But Jackson did not have a majority of electoral votes, and so the contest was sent to the House of Representatives, with each state casting one vote. There Clay threw his support to Adams, giving him a majority of the states, thus electing him president. Jackson, livid beyond words, called it “barefaced corruption.” But the result stood. Jackson, of course, gained his revenge four years later when he decisively defeated Adams’ bid for re-election.
In 1876, our Electoral College system caused a debacle that had a chillingly destructive impact on African Americans. In that election, Samuel Tilden received a majority of both the electoral and popular votes for president, and thus should have been easily elected. But it was not to be. His opponent, Rutherford Hayes, challenged the legitimacy of Tilden electors from three southern states — Florida, Louisiana, and South Carolina — and then promised that, if elected, he would end Reconstruction by removing federal troops from the South. The legislatures from those states immediately acquiesced and changed their electors, thus electing Hayes and, more importantly, beginning the death knell of free African American voting in the South.
As we moved on to the 20th Century, the Electoral College system continued to do its destructive work. In 1912, Theodore Roosevelt, then the former Republican president, ran against the incumbent Republican president, William Taft, and Woodrow Wilson, the Democrat. With these three well known candidates, the election could have been thrown into the House of Representatives, but, happenstantially, it was not because Wilson received an overwhelming 82 percent of the electoral votes despite achieving only 42 percent of the popular vote.
Throughout the recent century, the nation continued to skirt close to a House election when viable third-party candidates gained large numbers of electoral votes. So it was in the 1968 contest among Richard Nixon, Hubert Humphrey, and George Wallace, and again in 1992 among Bill Clinton, George H.W. Bush, and Ross Perot. Such luck is not necessarily ours forever, especially in an era where it is increasingly likely that one or both of our current political parties might divide and germinate, just as the Republicans came out of the Whigs in 1856.
And then, here in the 21st Century, we continue to see the specter of the election of presidential candidates who lose the popular vote: Al Gore over George W. Bush in 2000, and, of course, Hillary Clinton over Donald Trump in 2016.
There is absolutely no reason to believe that either of these abominations — elections by the House of Representatives or elections of candidates who lose the popular vote — will not continue to happen. What, if anything, can and should be done about it will be the subject of my final article.
Sherwin Markman, a graduate of the Yale Law School, lives in Rock Hall, Maryland. He served as an assistant to President Lyndon Johnson, after which was a trial lawyer in Washington, D.C. He has published several books, including one dealing with the Electoral College. He has also taught and lectured about the American political system.
Common Sense for the Eastern Shore
The Republican Congress and President Trump are causing a health care crisis and Democrats are trying to fix it. Passed in July, the GOP budget reconciliation bill is drastically cutting health insurance programs to pay for tax cuts for billionaires. Rep. Andrew P. Harris (R-MD01) voted for the budget reconciliation bill. He voted, knowing that his vote would mean that health care costs would rise for 25,000 of his constituents in Maryland’s First Congressional District:
Efforts by the Trump administration to delay a critical court case over Maryland’s offshore wind project have failed, marking another setback in the president’s campaign to block renewable energy development along the East Coast. On Oct. 2, U.S. District Court Judge Stephanie Gallagher denied a motion filed by the Department of Justice to pause an ongoing lawsuit involving US Wind’s proposed 114-turbine wind farm off Ocean City. The administration had argued that the federal government’s shutdown prevents its attorneys from continuing the case. The judge’s swift rejection ensures that the litigation and progress on one of Maryland’s most significant clean energy projects will continue. Initially filed by Ocean City officials and a small group of residents nearly a year ago, the suit challenges the federal approval of US Wind’s project, which would deliver enough clean electricity to power more than 700,000 homes. Under the Biden administration, the federal government had defended the project in partnership with US Wind. That stance was reversed after Trump took office earlier this year and installed officials hostile to offshore wind. In September, the Trump administration filed a separate motion seeking to vacate federal approval for the Maryland project altogether, a move widely condemned by environmental advocates, labor groups, and business leaders who see offshore wind as a cornerstone of Maryland’s energy and economic future. US Wind responded forcefully to the shutdown motion, warning the court that the administration’s attempts to delay proceedings could allow it to undermine the project’s approval behind the scenes quietly. The company argued that halting the case would create “existential risks” for the future of Maryland’s offshore wind industry. Judge Gallagher agreed that the case should move forward, setting the next status hearing for Oct. 7. The Trump administration’s repeated efforts to obstruct offshore wind development come as Maryland and other states have invested heavily in building the infrastructure, workforce, and port facilities needed to anchor the growing clean energy industry. Maryland Gov. Wes Moore has championed the sector as a key driver for well-paying jobs and long-term economic resilience for the Eastern Shore. Supporters of US Wind point out that the project will bring over $1 billion in investment to Maryland, generate thousands of construction and maintenance jobs, and help deliver cleaner, more affordable energy to homes and businesses across the region. “Offshore wind isn’t just about turbines, it’s about jobs, innovation, and independence,” one clean energy advocate said after the ruling. “Every delay costs working Marylanders opportunity, and this decision ensures progress continues.” While the broader lawsuit over the project’s approval is ongoing, the latest ruling represents a clear win for those fighting to keep Maryland’s offshore wind future on track — and a blow to Trump’s attempt to turn back the clock on clean energy.
Maryland has eight congressional districts, and the seats for all but District 01 are filled by Democrats. As we well know, the First District representative is a Republican — Andrew P. Harris. Here’s what Maryland’s congressional district map is now.
With standing room only at Salisbury’s Historic Poplar Hill Mansion, and blending policy, community service, and grassroots energy, Megan Outten launched her campaign for Wicomico County Council District 7 before almost 100 supporters on Oct. 4. The event drew community residents, labor leaders, and local officials, many of whom also helped to pack nearly 300 care kits for Wicomico residents in need. The community service effort doubled as a campaign statement about what Outten calls “choosing connection over convenience.” District 7 is one of Wicomico’s newly drawn single-member districts, with a Democratic advantage of 7.7%. Outten recalled her family’s history of service in Fruitland and Salisbury. “Service isn’t just politics in my family,” she said. “It’s how you belong to a place. It’s how you prove you care.” She pointed to the county’s landfill crisis, water and septic system failures, and school underfunding as examples of leadership that reacts rather than plans. “This is what happens when leaders only react after things break,” she said. “It costs us more. It hurts families. It robs our kids of the future they deserve.” Outten was joined by several local leaders who offered strong endorsements and reflections on her record. AFSCME Local 3 Eastern Shore representative Jack Hughes praised her leadership on the Salisbury City Council, crediting her with helping pass the Eastern Shore’s first municipal labor code, a significant win for city workers and first responders. Councilman Josh Hastings, who represents the district and is running for the Maryland House of Delegates in District 38B, said Outten would be “crucial in carrying forward the progress we’ve made” on clean water, schools, and infrastructure planning. Whitney Snowden-Olanrewaju from Blending Cultures, a non-profit organization that promotes diversity and equality, spoke about Outten’s record of community inclusion and bridge-building across diverse groups. Outten’s campaign is expected to roll out additional endorsements in the coming weeks. In her speech, she outlined a platform focused on fully funding schools, investing in infrastructure before it fails, and ensuring that county government works for everyone. “This campaign is not mine,” she told the crowd. “It’s ours. I am not standing above you. I am standing with you. And together, we will put Wicomico families first.” With enthusiasm, endorsements, and her message that’s focused on service and accountability, Outten’s kickoff reinforced that District 7 is already shaping up to have a strong favorite in 2026.
Community Rallies After Theft of Car Containing Hundreds of Care Kits for Wicomico Residents in Need
An act of inhumanity in Salisbury has sparked an outpouring of compassion. Early on Oct. 5, community organizer Jared Schablein’s car was stolen from his backyard. Inside the vehicle were hundreds of care kits assembled just days earlier during Megan Outten’s Wicomico County Council District 7 campaign kickoff event. Packed by volunteers at Salisbury’s Poplar Hill Mansion, the kits contained feminine hygiene products, socks, and toiletries meant for Wicomico County residents facing housing insecurity. “Those kits were meant for neighbors in need,” said Schablein. “If nothing else, I hope whoever took them returns them. Getting those care kits to the folks who need them matters more to me than anything else.” Schablein and Outten have turned the theft into action, launching a new effort called the “Care Kits Comeback Drive.” The event, scheduled for Oct. 12 at 2pm at Poplar Hill Mansion, aims to replace every lost kit, and more. Volunteers are asked to bring or donate items such as sanitary wipes, socks, toothpaste, period products, and underwear. Donations will support the Wicomico County Library, Help and Outreach Point of Entry, and other local service organizations. In announcing the new drive, Schablein emphasized the deeper meaning behind the effort: “When acts of inhumanity happen, the best response is acts of humanity. We’re showing that Salisbury’s compassion can’t be stolen.” Despite the setback, organizers say community support has been overwhelming. Donations began arriving within hours of the announcement, and several local groups have offered to distribute supplies once the new kits are complete. The theft is still under investigation by the Salisbury Police Department. As one volunteer put it at the last event, “Community isn’t guaranteed, it’s built.” This Sunday, Salisbury will build it again.
What began as a grassroots campaign to preserve a parcel of local land has become one of the most inspiring community movements on the Eastern Shore. Led by residents James and Mikele Dahlen and Holly Campbell, alongside dozens of volunteers, the Save Connelly Mill Park effort reached a significant milestone last week as Maryland Secretary of Natural Resources Josh Kurtz toured the site with local and state officials to explore opportunities for partnership and permanent protection. On Sept. 23, citizens gathered at Connelly Mill Park with a delegation of state and county leaders, including Sen. Mary Beth Carozza, Del. Barry Beauchamp, County Council President John Cannon, Vice President Jeff Merritt, Councilman James Winn, and local municipal representatives from Delmar and Salisbury. The tour marked the strongest signal to date that the state may play an active role in turning the park’s long-promised vision into reality. Advocates for Save Connelly Mill Park presented Kurtz with a booklet outlining the site’s environmental, historical, and economic importance. The presentation highlighted Connelly Mill’s potential to become a keystone of Wicomico’s park system — protecting the Paleochannel aquifer, preserving wildlife habitats, and providing much-needed green space for recreation and community gathering. Located just five miles from Salisbury, the 234-acre property has rolling forest, wetlands, and unique topography that advocates say could one day make it the “Central Park of Wicomico County.” “The natural beauty of Connelly Mill spoke for itself,” said one organizer after the event. “What we have here is not just land, it’s a promise to future generations.” Adding to the momentum, the community’s advocacy materials were presented directly to Maryland Gov. Wes Moore the next day at the Tawes Crab and Clam Bake in Crisfield, where he was briefed on the citizens’ efforts and growing local support. The proposed park would provide walking trails, open space for families, and educational opportunities while safeguarding vital water resources and promoting mental, physical, and social well-being for county residents. For many, the movement to save Connelly Mill has come to represent more than just one park. It’s about accountability, long-term planning, and ensuring public commitments to community spaces are kept. “We’re not out of the woods yet,” the group shared in a recent update. “But the spotlight is on Connelly Mill, and the momentum is growing.” As the state evaluates whether to designate Connelly Mill as a Partnership Park, supporters say they will continue to meet with officials and rally community engagement to ensure this once-forgotten project finally fulfills its promise. If realized, Connelly Mill would not only protect vital natural resources — it would stand as testament to what determined citizens can build when they refuse to give up.
