Breakdown:
In the 1960s and 70s, one man nearly achieved what few have seriously attempted—abolishing the Electoral College in the United States. That man was Democratic Senator Birch Bayh from Indiana, a political prodigy who took on some of the biggest constitutional challenges in American history.
1. Birch Bayh’s Entry into Constitutional Amendments
- Young Senator: At just 34, Birch Bayh was one of the youngest U.S. senators. Initially, he was assigned to the Senate’s subcommittee for constitutional amendments—a place known as a political graveyard where amendments went to die. However, Bayh revitalized the subcommittee, using it as a platform for constitutional change.
- Kennedy’s Assassination: After the assassination of President John F. Kennedy, questions arose about what would happen if a president became incapacitated without dying. In response, Bayh drafted the 25th Amendment, which provides a process for replacing a president who is unable to fulfill their duties.
2. The Problem with Faithless Electors and the Electoral College
- Faithless Electors: Bayh was approached by President Lyndon B. Johnson to address the issue of “faithless electors,” individuals in the Electoral College who vote against the wishes of their state. Bayh realized the broader issue wasn’t just faithless electors, but the entire Electoral College system.
- Electoral College Concerns: The Electoral College allows a candidate to win the presidency without winning the popular vote, a situation that had happened three times in U.S. history by that point. Bayh believed this system eroded public trust in the presidency and American democracy.
3. Bayh’s Push for Abolishing the Electoral College
- Popular Vote Amendment: Birch Bayh drafted an amendment to abolish the Electoral College and establish a direct popular vote system for electing presidents. The House passed the amendment, but it faced significant opposition in the Senate, particularly from Southern senators.
- Southern Opposition: Southern leaders saw the Electoral College as a way to retain political power. Senator James Eastland of Alabama openly stated that the Electoral College was the South’s last remaining political leverage, particularly in protecting their interests in a racially divided nation.
4. Nixon’s Support and the Political Fallout
- Nixon’s Agreement: Surprisingly, President Richard Nixon supported efforts to reform the Electoral College, even though he had benefited from it. However, a personal feud between Nixon and Bayh derailed their collaboration.
- The Feud: Nixon nominated a Southern white supremacist for the Supreme Court, which Bayh opposed. Bayh not only blocked the nomination but rallied other senators to do the same. This angered Nixon, who placed Bayh at the top of his “enemies list.”
5. The Failure of Electoral College Reform
- Jimmy Carter’s Push: In the 1970s, President Jimmy Carter took up the cause of abolishing the Electoral College, seeing it as a key issue in electoral fairness. The amendment seemed poised to pass, but a coalition of Jewish and African American leaders from the Northeast and Midwest, along with Southern politicians, blocked the effort.
- Why the Opposition: These groups feared that abolishing the Electoral College would dilute their political influence, especially in regions where their votes carried significant weight. This coalition successfully argued that the Electoral College preserved a balance of power in the country.
6. Birch Bayh’s Legacy
- Amendments and Achievements: Despite not achieving his goal of abolishing the Electoral College, Birch Bayh left a significant legacy. He authored the 25th and 26th Amendments (which lowered the voting age to 18) and was instrumental in creating Title IX, which ensured gender equality in education.
- The Near-Miss: Bayh’s work showed how close the United States came to abolishing the Electoral College. His efforts were thwarted by complex political dynamics, but his vision for electoral reform remains a topic of debate today.
Conclusion:
Birch Bayh’s work on constitutional amendments, including his near-success in abolishing the Electoral College, showcases the challenges of changing a system deeply rooted in political power. Though Bayh ultimately did not succeed, his efforts brought attention to the flaws of the Electoral College, a debate that continues to this day as Americans question whether their votes are truly equal.