#538 Top-Down vs Bottom-Up

source: Brand Democracy

 Top-Down

The current practice of the Presidential Election is a Top-Down model. Here, the Media owns the election and drives in its own way. Others need to just follow the media. The State needs to accept the directions of the media. Citizens are expected to conform to the propaganda of the media. The media overrides the constitutional authority of the state, constitutional authority of the citizens, constitutional authority of the Presidential Electors. The Constitution of United States failed to realize the propaganda power of the media. The Media is in the top and drives down the presidential election process against the Constitution of the United States. The Media is the unconstitutional authority and creates chaos and confusion in the Presidential Election process. The citizens, the state ignores the Constitution and follows the directions of the media.

Level	Authority	Responsibility
1	Media	The Presidential Election process is organized by the media
2	Presidential Candidates	Media projects two individuals as the Future President of USA
3	Debates & Town hall discussions	Media projects larger than life image of those two individuals
4	Presidential Electors	The Presidential Candidates appoint the electors
5	General Election	State conducts the election with the names of media sponsored individuals in the ballot
6	Voting	Citizens cast vote for the candidate. But the State considers those votes are for the electors
7	Presidential Electors	State announced the list of electors appointed by the winning candidates.
8	Electoral College	The Presidential Electors meet in the state capital
9	Vote for President	No vote. Just a signature
10	Vote for Vice President	No Vote. Just a signature
11	Oath Ceremony	Both President and Vice-President take oath
	The End

 Bottom-Up

The Constitution of the United States is based on Bottom-Up model. It starts from the citizens. We, the people file their nomination to the Secretary of State to be the candidate for the following positions:

• Elector - Congressional District
• Elector - State One 
• Elector - State Two

 We, the people cast their votes for the Electors. In this process, people participate not only in the general election, but also in the electoral college.

Level	Authority	Responsibility
1	General Election	State conducts the election with the names of Elector candidates
2	Voting	Citizens cast vote for the electors
3	Presidential Electors	State announced the list of electors.
4	Electoral College	The Presidential Electors meet in the state capital
5	Vote for President	Electors vote for the President
6	Vote for Vice President	Electors vote for the Vice-President
7	Oath Ceremony	Both President and Vice-President take oath
	The Beginning

In the Bottom-Up process, at all levels, people participate with greater responsibility. In fact, this is the democracy of the people.  When citizens act with total responsibility, they would elect high-moral value citizens as their electors. When those electors act with total responsibility, they would elect high-moral value person with leadership qualities as the President and Vice-President.

 The Media do have a role; a very important role; just tell the truth as it happens.

The Media needs to stop being a medium for propaganda and start practice the truth.

The Media do not need to make any individual into larger than life image. By their actions, the President and the Vice-President will eventually become larger than life, for real.

George Washington, Thomas Jefferson, Alexander Hamilton - not by the media; but, by their actions, they are in a larger than life position.

#538 Constitutional Process

General Election

As per the Constitution of United States, each citizen needs to cast three votes and elect three Presidential Electors by ballots. When citizens walk into voting center on November 8, 2016, three ballots will be given to each citizen. Here is the list of votes:

• One vote to elect the Elector of Congressional District
• One vote to elect the Elector of the State One
• One vote to elect the Elector of the State Two

The ballots will have names of the Electors only. The ballots will not have the name of any Presidential Candidate or the name of the Vice-Presidential Candidate.

In the General Election, Citizens of the United States elect only the Presidential Electors.

Once the General Election is over, each state will announce result of the Presidential Electors and appoint them as the Electors of the State.

Electoral College

The Electors of the State will assemble in their state capital and cast two votes; one for the President and another for the Vice-President.

Then the President and Vice-President will take oath and the Presidential Election will come to an end. With the oath ceremony, the Electors of the State will vacate their constitutional positions.

Before the General Election, projecting any individual as the Next President of United States is unconstitutional and will prejudice the Presidential Electors.

By casting two distinct ballots, the Presidential Electors of the State will elect the President and Vice-President. The self-proclaimed presidential candidates have no constitutional authority to appoint any individual as the Vice-Presidential candidate.

Before the General Election; before the Electoral College, self-promotion of any individual as presidential candidate or vice-presidential candidate is unconstitutional and any such actions will be considered as an insult to the constitutional authority of the Electors of the State.

Considering any individuals for the position of the President and Vice-President is the constitutional authority of the Electors of the State. Media or any other pre-established body cannot project any individual or any pair of individuals as the candidates for the position of the President and Vice-President. Any such action would challenge the authority of the current President and will cause damage to the current Executive Branch.

Projecting any individuals or set of individuals as the future President and Vice-President of United States would challenge the constitutional authority of the entire election process; would challenge the constitutional authority of the State Legislature; would challenge the constitutional authority of the Presidential Electors.

Organizing presidential candidate debates is against the Constitution of United States. Any such propaganda would influence the Electors of the State.

Summary:

• Citizens of United States have the rights to elect the Presidential Electors.
• Presidential Electors of the State would elect the President and the Vice-President by casting distinct vote by ballot
• No other organizations have any constitutional rights to interfere in the election process.
• Media and other organizations have no constitutional rights to project or to promote any individual as the potential candidate.
• Influence; interference; disruption; promotion; projection and other activities will be considered as unconstitutional.
• Media has no constitutional authority to replace or interpret the Constitution of the United States.
• Terms like, Winner-take-all; Split-Vote; Running mate; Presidential Debate; third party candidate; Magic Number 270 - all are strictly prohibited.
• President of United States is a very serious position of Planet Earth; just below the God.
• Certainly, media cannot commercialize the Presidential Election.
• It is a serious one; it is George Washington's job.
• Presidential Election is not a game; it is not about winning or losing; it is not about magic number 270.
• President of United States is all about leadership; not only to America, but also to the entire Plant Earth.
• Winning 270 is no good. 
• Let us not interfere with 538 Presidential Electors. Let us have no doubt on the ability and authority of those 538 Presidential Electors. The 538 Presidential Electors will act with total responsibility and will elect the best for the top level positions in the Executive Branch.
• The current Executive Branch is still has the constitutional authority and responsibility. Let us not insult the current leadership in front of the whole world. Any insult to any constitutional authority is an insult to the entire, We, The People.   

#538 The 12th Amendment

The 12th amendment was passed by Congress December 9, 1803. Ratified June 15, 1804. The 12th Amendment changed a portion of Article II, Section 1. A portion of the 12th Amendment was changed by the 20th Amendment.

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; 

-- The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; 

-- The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. 

But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice.

Take a fresh look at the Constitution of United States; Article II. Section 1.

Clause 2: Each State shall appoint a number of Electors.

Clause 3: The Electors shall meet in their respective States and vote by Ballot for two Persons.

Now, look at 12th Amendment.

The Electors shall meet in their respective States and vote by Ballot for President and Vice-President.

____________________________________________________

Instead of Two Persons, the 12th Amendment says distinct ballots for President and Vice-President.

In the original constitution; in the 12th amendment; it is very clear that the Election of the President and Vice-President is a two step process.

And it is also clear that, what is the first step and what is the second step.

As per the Constitution of United States, the first step is,

1. Appointment of Electors.

The second step is,

2. The Electors vote by ballot for President and Vice-President.

In practice, we do not follow this sequence. 

In practice, people elect the President and that President-elect appoint Electors.

If we amend the Constitution to fit the current practice into it, then the amendment would be:

• The people of the State elect the President and Vice-President with a single vote.
• The President-Elect and Vice-President-Elect would appoint the Electors.
• The Electors would meet in their respective states and sign the certificate. They will not get to vote; no Two Persons; no distinct ballot for President; no distinct ballot for Vice-President.

The current practice doesn't fit into the original constitution or into any amendments.

Do we follow the Constitution of United States or the constitution of some other nation.

Thank Goodness! If any judge interprets the law, in this way, the judge may punish innocents and let go the guilty. 

Either follow the Constitution or hide it somewhere.

What is the problem in following the Constitution?

Let the People of the States, elect their Presidential Electors. Let the people complete the first step. 

Then, the Elected Presidential Electors meet and vote by distinct ballot for President and Vice-President.

Why do we need to cheat ourselves. Why don't be truthful to the Constitution?

Don't we trust the people?

Don't we trust the Presidential Electors?

All those popular individuals are just individuals. Those individuals, right now, don't have any constitutional authority to appoint a list of Electors for any state.

Appointment of Electors is the State responsibility. 

Appointment of Electors is the constitutional responsibility of the Secretary of State.

In California, the appointment of Electors is the constitutional responsibility of Alex Padilla.

For centuries; perhaps right from the beginning; the President had been elected by popular vote only; not by the Electors. 

At least once, let us try to adopt, honor, respect and follow the Constitution. 

At least once, let the people elect the Presidential Electors.  

At least once, let us have the names of the Electors in the ballot.

At least once, let people know their Electors.

At least once, let us not have the names of those popular individuals.

One thing is clear; if you need to continue with the current practice, you need to amend the Constitution.

But certainly, you cannot continue having those popular individual names in the ballot and make the Electors dummy and ineffective.

It is not about this election or the next election. You are being a model for the Future Generations.

Till now, people did not have access to all these highly valuable, historical documents. Now they are easily accessible. It will be much easier for next generations. They would certainly laugh at you.

So, it is better, let us fix it now and build the future, now.

  

#538 Presidential Electors

Let us take a look at the Presidential Election 2012 and try to understand the Presidential Election process. Let us refer the constitution and compare it with the events that took place.

Here is the United States Constitution. Article 2. Section 1.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. 

Here is the actual event:

WE THE UNDERSIGNED, Electors for President and Vice President of the United States of America, being duly appointed for the State of California as displayed in the annexed Certificate of Ascertainment made and delivered by the Governor of the State of California, with any deficiency in the number of Electors supplied by election according to law, and having met the first Monday after the second Wednesday in December pursuant to the Constitution and laws of the United States and the State of California, do hereby certify that the following candidates received the following number of votes:

FOR PRESIDENT OF THE UNITED STATES

Barack Obama NUMBER OF VOTES- 55

FOR VICE PRESIDENT OF THE UNITED STATES

Joseph Biden NUMBER OF VOTES- 55

IN WITNESS WHEREOF, we have hereunto set our hands at Sacramento, California, on the first Monday after the second Wednesday in December, being the seventeenth day of December, 2012. 

______________________________________________________________________

As per the constitution, the California presidential electors met at Sacramento and did cast two votes.

As per the constitution, the presidential electors need to vote to an outsider of California. In this case, both Barack Obama and Joe Biden; both are outsider for California.

As per the constitution:

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.

Let us take a look at the list of Presidential Electors from California. California has 53 congressional districts. So, the number of Presidential Electors from California is 53+2 = 55.

As per the constitution, California state appointed 55 Presidential Electors. They are not Senators or House of Representatives or any office holder.

Presidential Electors 2012

In the above blog, there are some interesting observations:

This means that if “Mitt” Romney wins the California popular vote, then Meg Whitman, Abel Maldonado, Mimi Walters, Tony Strickland, Steve Cooley, Damon Dunn and Carly Fiorina, all of whom have lost bids for statewide office, would meet in Sacramento in mid-December as members of the Electoral College.

In this list, two names are obvious; Meg Whitman and Carly Fiorina will not vote for Donald Trump.

The following are the names of California's 55 Democratic electors.  

At least eight of the 55 are relatives by blood or marriage of the congressional candidates who appointed them.  

At least nine electors are non-residents of the congressional districts that they represent. (There is a cluster of non-resident electors in the San Joaquin Valley, where four of the six congressional districts will have electors who reside outside of the Valley.)  

Some are financial contributors to the congressional candidates who appointed them.  Some are political consultants to their appointing powers.

Jang Badhesha - CD 19
San Jose, CA (Rep. Zoe Lofgren appointed Jang Badhesha, who apparently is a lab manager at Juniper Networks and a golfer.)

 This person, Jang Badhesha didn't show up on election day. Chris Masami Myers was appointed and the process was completed.

Article 2, Section 1 of the United States Constitution says,

Each State shall appoint the Presidential Electors.

We need to admit the fact that we do not follow this Section of the Constitution. Nobody knows who appoint the Presidential Electors.

We know who appoint the Jury in a court. But not the Presidential Electors.

In fact, these Presidential Electors have greater responsibility than a Jury.

Presidential Electors is a Constitutional Responsibility. As per the Constitution and Federalist Papers, citizens transfer their authority to these Presidential Electors.

Presidential Elector is a Constitutional Position; just like Senators; House of Representatives; the President; Speaker; Supreme Court Judges.

Only thing is, it is a very short term position. But with huge responsibility and enormous authority.

California State is not appointing these Presidential Electors. People are not electing these Presidential Electors. Some individuals, who doesn't have any constitutional authority prepares this list of Presidential Electors.

We bring down the Constitution to a very low level; it is like some religious custom process.

It's time, we need to ask the question; do we respect the Constitution.

Does our actions are truthful to the Constitution?

If citizens don't agree to the Constitution, they have rights to make amendments. But without making constitutional amendments, the way we appoint the Presidential Electors is an insult to the Constitution.

It is the responsibility of the Secretary of State. For California, it is the responsibility of Alex Padilla

Alex Padilla, the Secretary of State, California needs to bring about change in California. Let the people of California elects their Presidential Electors. Let us give the rights back to the people.

Nobody else has any constitutional authority to appoint 55 Presidential Electors.

As per Alexander Hamilton,

... the presidential electors chosen by the people for the special purpose, and at the particular conjuncture. 

#538 Direct Vote

In Philippines, the President is elected by direct vote every six years. Perhaps, United States also may go for six years term; single term for a person; no second term. In that way, we could avoid frequent elections.

Four years term is a too short period for any president. Incidentally, all presidents had two terms.

• Barack Obama - 2 terms
• George Bush - 2 terms
• Bill Clinton - 2 terms

In the 2020 election, the president will seek for second term. Other candidates may need to address, either President Donald Trump or President Hillary Clinton. Anyway, the sitting president is in an advantage position and historically, the president is winning. Then, why do we need an election. Instead, let the president have six year single term.

Another thing, we could learn from Philippine presidential election is - direct vote. No electoral collage. Every vote counts. No winners take all concept. Perhaps, United States also adopt direct vote system.

Another important news is, John Kerry gave 33 million dollars to the Presidential candidate in Philippines. Here, Bernie Sanders fighting for $15 dollar minimum wage. But, John Kerry goes around and distributes dollars all around the world. John Kerry's innovative diplomacy is all about distribution of dollars to Iran, Philippines and other countries. Now, the rest of the world know, when you hurt United States, they will give you dollar to buy peace with you. It is Capitalism Diplomacy.

Philippines gets its own Trump

Rodrigo Duterte. Many refused to believe he could even become a serious contender. But, now, Rodrigo is the President of Philippines.

In this period, all over the world, people are tired of same old, monotonous, political correctness speech. In the current period, Political Correctness is a total failure. People, no longer enjoys sugar-coated, diplomatic format of speech. People seek raw, ugly truth.

Here at home, the Republicans didn't consider Donald Trump as a serious contender. Now it is too late for the Republicans. Meg Whitman has all tools and could predict about her business; but miserably failed to realize the rise of Trump in republican party. It is too late.

All those republicans, who is raising their voice now, should have done it at the very beginning itself. Were they all in deep sleep? It is too late for republicans.

In fact, Donald Trump did follow all the rules of the game. Trump didn't adopt any tricks or cheating. Trump has been very fair in political field. Trump didn't pull anyone's leg; Trump didn't cheat anyone.

In fact, Donald Trump did take the risk of skipping one debate. Trump didn't take money from big corporation. Everything is going in favor of Donald Trump.

Now, everybody have their hope on Hillary Clinton to stop Donald Trump. Soon, the democrats will also realize the truth and it would be too late for them too.

Then, it will be too late for citizens of United States of America.

In this current period, people see themselves in Donald Trump. CNN and other media may publish about Donald Trump business, tax info, bankruptcy and so on.  People may see those characteristics as the best successful businessman.

In this current period, does anybody care about character and integrity? No. Everybody is after wealth; by hook or crook, let us get rich.

The media may say, Donald Trump is all about I, Me and Myself. That is what all human beings in this world.

Media and the traditional politicians fail to understand the quality of current day human beings. Each and every individual is selfish.

You may think, Muslims will not vote for Donald Trump. That is wrong. Muslims living in United States would vote for Donald Trump. Not only Muslims, all human beings; that has become the nature of human beings.

When you observe any human being, you will understand the movement of their nature and behavior. When they come into United States as a legal or illegal immigrant, they start enjoy the freedom. Then, they go through the citizenship process. When they get green card, they may start complaining about outsourcing. When they become citizen, they may start complaining about visas and illegal immigrants.

Whether it is Muslim or Mexican or any human being,  once they get citizenship, they don't want others to come in. If you look at the data, only a very few, apply for visa to bring in their brothers and sisters. Every individual wants to live in United States and they don't want others, even their own family members to come and enjoy this nation. So, each and every individual is all about I, Me and Myself.

People will vote for Donald Trump. They may not have his name in the bumper sticker. They may not tell anyone that they are going to vote for Donald Trump. They may not even reveal in their life time that they had voted for Donald Trump. But they will vote for Trump.

People will not canvass for Donald Trump. They may not talk even to their family members or friends about Trump, but they will vote for Donald Trump. It will be a silent transformation.

Do we have value in family? No.
Do we have value in any social or political organization? No.
Are we Benjamin Franklin or Thomas Jefferson or Alexander Hamilton? No.
We are all different versions of Donald Trump.
Each and every individual see their own reflection in Donald Trump.

So, people will vote for Donald Trump. Certainly, Hillary Clinton cannot stop Donald Trump. People are not very enthusiastic about Hillary. Bernie Sanders supporters will certainly not vote for Trump; but they will stay away on election day.

Citizens of Philippine elected Rodrigo Duterte as their President.
Citizens of United States will elect Donald Trump as our President.

Citizens of United States are in no way different from Citizens of Philippine.

The only difference is, 538 Presidential Electors.

In Philippine, it is direct vote.
In United States, it is not direct vote.

In United States, citizens elect their Presidential Electors and those 538 Presidential Electors would then elect the President of United States.

Even after 300 years, Alexander Hamilton is right.

Don't give all the power to citizens for direct vote.  They will not elect the right candidate. They will elect popular candidate.

Don't give all the power to Member of Parliaments in United Kingdom. They will not elect the right Prime Minister. They will elect a puppet.

Give the power to 538 Presidential Electors and they will elect the right leader as the President of United States.

#538 Winner Takes All

Gregory Peck and Elizabeth Taylor are the citizens of United States. They are discussing about the American democracy.

Is it true that winner takes all?

Yes. it is. Only two states; Maine and Nebraska dare to be fair and right; the rest of the states continue with the tradition.

Does the constitution say, let winner takes all?

No. The constitution doesn't say that. In fact, the constitution gives the responsibility to the states.

The American Democracy has become like a traditional religious customs. The founder of any religion had a set of objectives. Over a period of time, priests gave a different kind of interpretation and the followers follow the traditional customs without understanding the core values.

That is the sad truth. Winner take all is totally against the constitution and its core values.

All religion starts with truth; but over a period of time they end up in chaos, confusion and terrorism. Certainly, founders had no idea that over a period of time, the interpretation took over the constitution.

Good that our founding fathers wrote the constitution down in paper and also signed it. Had they just assembled and came to an understanding and ignored to write it down, then today we may have several versions of constitution.

Winner take all - it is stealing. If you build a game for kids with winner-take-all concept, kids would say, "it is cheating."

Couldn't we have high precision voting distribution system?  Is it so hard to design and implement?

Why states? Let the winner take the whole country. In that way, we need not color the states with red and blue. Let the winner take the whole; then we either have red nation or blue nation.

That is not a bad idea. We will still be United States of America without divisive state colors.

Is it hard to adopt Maine system for all states. Maine system is the best one and fairly distributes the votes.

Congressional district level, we should be able to decide the winner; not at the state level.

Giving away entire 55 of California to a single candidate is not fair. In fact, George Washington got 67 Electoral votes from those 13 states.

California is so big and crowded. We could divide California into North and South; just like Carolina. In that way, winner may take 25 and 30.

Here at home, we have a wonderful constitution; but by practice, we build a very chaotic and confused democracy.

The worst thing, we try to preach about democracy in middle east countries.

How will it be, if we follow the Constitution?

The best thing is, Alexander Hamilton federalist paper # 68; election of the President.

If we follow the Constitution, people would elect the Presidential Electors from their 538 Congressional Districts. Let those 538 Presidential Electors elect the President.

If we follow the Constitution, then we don't need Nationwide campaign; big donation; big entertainment; and so on.

It will be a simple procedure. People elect high moral value citizen as their Presidential Electors.