Another argument favoring an Electoral College was the concern among some of the founders that the electorate - although it was limited solely to wealthy land-owning White males at the time - might occasionally elect a President who was not "capable" or "unqualified" due to the electorate lacking the necessary powers of discernment. This was also the rationale behind slaves constituting 3/5 of a vote in the US Constitution. One was the concern among those from the less populated states - including James Madison - in the south that an election based only on a popular vote would give those states less influence than their more populated neighboring states in the north. If you research the topic of the reasoning in favor of the Electoral College you will find that there were two broad concerns among some of the Founding Fathers. However, he could have tried to convince the Florida legislature to do something weird with its electors, perhaps splitting them between him and Bush, but he had only one day to do that, and did not succeed.Īl Gore could have also tried to convince the electors to ignore the ballot results and vote for him anyway, but the electors are partisans, and so it would probably have been pointless.
To the majority, this seemed impossible.Īl Gore conceded because Florida followed the Supreme Court's order and stopped the recount. That meant that Florida had just one day to first create a system of counting ballots that was fair to all Floridians, and then finish counting the ballots. On December 12, the Supreme Court, in a 5 to 4 decision, decided that in order to conduct a recount that was constitutionally permissible, it would take more time than Florida had, since US law required that the electors be picked six days before the electoral vote, which was on December 18. The recounts had gone up until December 9 (although they had been stopped and restarted and stopped and restarted several times before then) when the Supreme Court stopped the recount with a 7 to 2 decision, on the basis that it violated the Equal Protection Clause of the Fourteenth Amendment. The best answer I can give you is "it's complicated".
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