After every four years, Americans go to polling stations to vote, known as the popular vote. The winner is determined through the Electoral College that consists of 538 individual electors. The fifty states include two members per state totaling 100 senators. The House of Representatives comprises 435 members appointed on population basis where each state has one member. The least populous states such as Alaska and Wyoming send two senators and one representative. California, which is the most populous state sends 53 representatives and two senators, therefore, its vote in the Electoral College is 55. This breakdown means that the 50 states send 535 members to the Congress. Washington D.C. presents one non-voting member to the house of representatives but no senators. However, D.C. is allotted three votes like the smallest state when it comes to the Electoral College. This tally consists of 538 votes.
To win the presidency, a candidate requires an absolute majority vote in the Electoral College that is 270, which is half plus one. If no candidate wins the majority vote, the House of Representatives’ vote. The founders set the Electoral College system because they were striving to fulfill each state’s demand for greater representation while trying to balance popular sovereignty against the risk posed to the minority from a majoritarian rule. In the election, Hillary Clinton won the popular vote with a 48.2% against Donald Trump’s 46.1%. However, Donald Trump won the Electoral College vote with 306 votes against Hillary’s 232.
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The founding fathers put checks and balances to ensure that no administrative branch commanded too much power to exercise tyranny. For instance, despite the President being commander in chief of the military, the Congress votes to declare war. The judiciary may declare a Presidential action unconstitutional. The media is considered closest to the people, and this is defined by reporting of events and providing platforms for stakeholders to critique the government. Bureaucracies impact the people from an administrator, rule maker, and judge perspectives. Administratively they implement laws passed by the Congress. In rulemaking, bureaucrats make decisions based on bureaucratic discretion and as a judge, they interpret laws within departments and agencies.
The Dred Scott and Marbury vs. Madison case set a precedent that proved the independence of the judiciary in upholding constitutionalism and the rule of law. It also established the judiciary as an arm of government that has powers of checks and balances over the executive wing. Such judicial review of executive appointments has ensured that Supreme Court justices have the confidence to exert politically independent decisions. The courts' supremacy in constitutional interpretation and power of judicial review remains a practice to date.
