Strategies
Strategies for examining the elections of 1800 and 2000 will include assessing students' knowledge of the events, reading multiple texts, reflective writing, and persuasive writing. Role play and debate will be employed to introduce students to the issues and relative events of each crisis election. Students will also critically review segments of the news coverage of the event as well as view Recount a dramatic representation of the election of 2000 produced by HBO. Deliberative polling, a practice developed by James Fishkin, shows promise for facilitating the behavior of the "ideal" citizen, one who explores different dimensions of public issues through reading and public discourse. It also models critical thinking skills that parallel state content standards. Subsequently, I would like to employ deliberative polling as a strategy in this unit that focuses on educating students about the form and function of the Electoral College.
The K-W-L model for assessing student knowledge, interest, and results will serve as a good starting point. By incorporating journal writing as the medium for recording responses, I will have written samples of students' progress. I hope that writing first will lead to more quality discussion. Beyond recording factual material about the elections, I hope to frame my prompts to encourage higher order thinking on Bloom's Taxonomy. So while it is important that students can recall certain elements the elections studied, it is also important that they analyze and apply information toward developing their opinions on larger democratic concepts such as the role of citizen participation.
What does 'democracy' mean to students?
As a measure of assessing student thought regarding democracy, I will check students' knowledge through a reflective prompt. At the onset and conclusion of the unit, students will address these questions in their journals:
What does your knowledge of the electoral process tell you about democracy in America in regard to the following?
- A citizen's rights
- A citizen's responsibilities
- A government's rights
- A government's responsibilities
How have historical developments changed the electoral process from 1800 until present?
How have these developments changed the rights and responsibilities of both citizens and government?
Reading selections from multiple texts individually or in groups will provide the material to construct understanding and more informative answers to the above questions. Reading multiple texts provides opportunity for students to reinforce a variety of skills such as identifying bias, summarizing, and reading for information. These skills are particularly necessary in order to construct a supported opinion for research papers and for the state interdisciplinary writing test. I include a list of material below from which I draw selections.
The Election of 1800
Joanne Freeman's "The Presidential Election of 1800: A Story of Crisis, Controversy, and Change" from History Now.
"Federalist 68" from The Federalist Papers
NARA Election Results
"Article 2 The Executive Department" The United States Constitution
"Amendment 12" The United States Constitution
Alien and Sedition Acts
"First Inaugural Address" Thomas Jefferson
The Election of 2000
- Bush v. Gore
- NARA Election Results
- Ricard Posner's Breaking the Deadlock (selections)
- "A Badly Flawed Election" Ronald Dworkin
- "A Badly Flawed Election: An Exchange" Charles Fried, Reply by Ronald Dworkin
- "Article 2 The Executive Department" United States Constitution
- "Amendment 12" The United States Constitution
- CNN Articles
Journal responses to Federalist 68
In Federalist 68, Hamilton sheds light on the purpose of having electors vote in a federal election. As I might do with my students, I will analyze segments of the primary source by responding with questions and comments. If I were completing this in class, I would have students respond to each quotation in their journals by writing one to three questions and one to three comments for each quote. Federalist 68 describes the method by which the president is to be chosen. It extols the virtues of having electors and outlines what happens if no candidate wins a clear majority of electoral votes for president or vice president.
Quote 1:
"It was equally desirable, that the immediate election should be made by men most capable of analyzing the qualities adapted to the station, and acting under the circumstances favorable to deliberation and to a judicious combination of all the reasons and inducements, which were proper to govern their choice. A small number of persons, selected by their fellow citizens from a general mass, will be most likely to possess the information and discernment requisite to so complicated an investigation."
Sample Response 1:
Hamilton's belief in the superiority of the aristocracy or educated class immediately jumps at me. His elite crew is a small group not a broad coalition of the populace. Furthermore he asserts that the elections being "so complicated an investigation" can only be handled by the elite group. When I read the passage above three questions that come to mind are: How were these electors to be chosen? Who would have met Hamilton's criteria in his day? Would today's electors meet his criteria?
Quote 2:
"It was also peculiarly desirable, to afford as little opportunity as possible to tumult and disorder….But the precautions which have been so happily concerted in the system under consideration, promise an effectual security against this mischief. The choice of several to form an intermediate body of electors will be much less apt to convulse the community, with any extraordinary or violent movements, than the choice of one who was himself to be the final object of the public wishes. And as the electors, chosen in each state, are to assemble and vote in the state, in which they are chosen, this detached and divided situation will expose them much less to heats and ferments, which might be communicated from them to the people, than if they were all to be convened at one time, in one place."
Sample Response 2:
Hamilton obviously thinks his system will limit "tumult and disorder". Generally he is probably correct, however, the elections of 1800 and 2000 caused quite a bit of crisis.
This is Hamilton saying that the electoral system is a protection against the tyranny of the majority. Having the electors selected in each state is seen as protection against mass hysteria and/or protest.
Three questions: What historical examples is he drawing on? What is the inspiration for his ideas? Why would a small group of electors be any less apt to arouse a community?
Quote 3:
"Nothing was more to be desired, than that every practicable obstacle should be opposed to cabal, intrigue, and corruption. These most deadly adversaries of republican government might naturally have been expected to make their approaches from more than one quarter, but chiefly from the desire in foreign powers to gain an improper ascendant in our councils. How could they better gratify this, than by raising a creature of their own to the chief magistracy of the union? But the convention have guarded against all danger of this sort with the most provident and judicious attention."
Sample Response 3:
It appears Hamilton is suspicious that foreign powers could corrupt a popular election. I suppose he is thinking that a foreign government could fund and support subversive candidates. He makes the case that the enemies of republican government are present and plotting against the United States.
Three questions: Which countries would he have identified as threats to the US at that time? How could a foreigner infiltrate the system and affect the presidency? Is the same threat spoken about today?
Incorporating Maps, Charts and Graphs
Online resources are readily accessible today for review. Moreover, much data is represented through maps, graphs, and charts. The NARA (National Archives and Records Administration) appears to be an excellent source for showing visual representations to students. Maps of the electoral vote for all presidential elections including the elections of 1800 and 2000 are readily accessible. I consider these resources instrumental in understanding and critiquing the form and function of the Electoral College.
Is the Electoral College to blame?
I have read in a textbook and online that 700 proposals have been introduced in Congress over the last 200 years which call for the modification or abolishment of the Electoral College. Those in favor of modifying or abolishing the Electoral College system point to any discrepancies in election procedure or outcome to justify their case. Close elections particularly those in which a winning candidate loses the popular vote is a favorite criticism. The Election of 2000 should serve as a case in point. The contrary point is that abolishing the Electoral College may not alleviate the resolution of a knife-edge election. In fact, it might be more problematic to resolve a knife-edge election that is based solely on the popular vote. Nonetheless, it may be a productive exercise for students to explore the criticisms of the Electoral College because upon review one may interpret that the very existence and function of the Electoral College allows it to be the best hedge against factional crisis. Discussion of the Electoral College with students can focus on two questions: What are the strengths and limitations of the Electoral College System? Would modifying or abolishing the Electoral College produce a suitable alternative?
Readings from a variety of critical works will provide support for students' responses. Some promising selections include Richard Posner's Breaking the Deadlock The 2000 Election, the Constitution, and the Courts, selections from Houghton Mifflin's The Challenge of Democracy (see section on the Electoral College), and articles and data from the NARA website look adequate for review.
The Electoral College: Leave Alone, Modify, or Abolish
Strengths and weaknesses regarding the Electoral College System were exposed in the elections of 1800 and 2000. First, in 1800, the electors carried out their duty in accordance with laws at hand. They cast ballots for two candidates as was prescribed in Article 2 of the Constitution. When the resulting totals showed Jefferson and Burr tied with 73 votes each, the constitutional contingency for dealing with elections that failed to produce a majority winner should have alleviated any potential widespread alarm or concern. The House of Representatives, also as prescribed in Article 2, voted to elect the president among the three candidates with the most votes. Had Burr deferred to the more universally recognized Jefferson as the Republican leader, the system would have worked as planned. As R.B. Berstein states in Thomas Jefferson, The Revolution of Ideas, "In 1787-88, when the Constitution was adopted, most Americans expected most Presidential elections to give no candidate a majority. The Electoral College would thin the field, not decide the election. Instead, the House of Representatives, with each state delegation having one vote, would choose the President and Vice President." 2 2
Had Burr not refused to endorse Jefferson and allow the Federalists to try and supplant Jefferson's chances, the system would have worked in tune with how it was intended. Instead, the resulting deadlock vote in the House of Representatives of 35 consecutive votes without a majority, revealed a weakness in the law. The Twelfth Amendment modified how the electors would vote beginning in 1804. The correction called for electors to vote separately for the office of president and vice president. This correction appears to have worked in avoiding prolonged deadlock in the House. The Election of 1824 had to be decided by the House of Representatives when none of three candidates received a majority. Despite receiving fewer electoral votes and popular votes than Andrew Jackson, John Quincy Adams won the election in the House of Representatives. 2 3
In the election of 1824 as in the election of 2000, a different criticism arose regarding the Electoral College. Some people feel it is apparently unfair when a candidate wins the popular vote but loses the presidency. In both elections the winner of the election, Adams in 1824 and Bush in 2000, received fewer popular votes than at least one of their opponents. While this is an apparent weakness of the system as is, the most acknowledged solution, having a national election determine the presidency, is not without its own weaknesses. The foremost weakness of having a national election would be a minimizing effect on the votes from states with small populations. Conceivable, candidates with an eye of campaign budgets and votes might concentrate their campaigns only in the most populated areas. This would leave smaller, less populated states marginalized in presidential elections. Under the current system, even the smallest states and the District of Columbia can be guaranteed at least 3 electoral votes.
How can Deliberative Polling engage students in learning about the Electoral College?
Through its emphasis on reading and having discourse regarding an issue, Deliberative Polling not only will give students vital information regarding their civic participation, but it will also directly apply toward achieving proficiency in state standards. Critique of the Electoral College is an excellent place to introduce a deliberative polling exercise. In this exercise students will closely examine and critique the Electoral College system before making a recommendation regarding continued use.
Setting up a deliberative poll
According to James Fishkin, the ingredients to deliberative polling include: having a random, representative sample polled on a target issue, inviting the members of the sample from the baseline poll to gather at a single space for a couple of days, having them read and discuss carefully balanced briefing materials, and having them engage in dialogue with competing experts and political leaders, and having them complete a the sample questions they addressed at the outset of the study. 2 4 While I am not an experienced trainer in deliberative polling, I am confident that my students and I can learn enough about the program to conduct a sampling.
Deliberative Poll
Tenth grade students in Connecticut are required to take the CAPT (Connecticut Academic Performance Tests). In the New Haven School District, students prepare for the Interdisciplinary Writing Section of the test through their History and English classes.
Each quarter students are required to complete classroom activities that will prepare them for this test. Preparation for the CAPT persuasive essay is conducted primarily in ninth and tenth grade history classes. Preparation work includes reading informative yet opposing viewpoints and developing an organized and supported stance that addresses a target audience. The characteristics of deliberative polling mirror many aspects of skill sets necessary to successfully complete the Persuasive writing section. Subsequently, given the opportunity to participate in deliberative polling exercises, students will experience an activity pertinent toward meeting district and state standards. Additionally, the exercise offers the benefit of meeting district, state, and national standards regarding civic participation.
Reform and the Electoral College: A Deliberative Exercise for Strengthening Participation in American Democracy
Given the criteria for deliberative polling outlined by the Center for Deliberative Politics at Stanford University, my students and I will plan on creating, issuing, and assessing a deliberative poll in our school. The 2000 election raised significant issues regarding the practice of democracy in the United States. Not only were problems with the types of balloting exposed, but constitutionally defined practices of the Electoral College came into question. Arguably if it weren't for the crisis of 9/11 and relative pervasive preoccupation with Homeland Security and the war on terror, these issues would be at the forefront of political agendas.
Role Play
Role play can be an effective strategy in studying crisis. As an introductory exercise, the class will receive roles with essential but limited information to begin the play. So essentially Jefferson and Burr will be deadlocked and Adams as president will have lost re-election. Additional characters would include Alexander Hamilton, and members of the House of Representatives from each state. As each step to the simulation is announced the players will have a chance to play out their role as best they see fit. Students will record their reactions to the play in journals in the form of comments and questions. As moderator, the teacher can eventually steer the play to its correct end, but not before some alternatives may have been explored and questions raised
For the election of 2000 a similar exercise can be completed. In this case roles would include the presidential candidates Al Gore and George Bush, Florida Governor Jeb Bush, Florida Secretary of State, the Florida Supreme Court, the United States Supreme Court, Jim Baker, Al Gore's counsel, David Boies, and election officials.
The simulation will proceed by the facilitator or teacher introducing developments in the election from the networks wrong tallies in Florida and Gore's first concession to Bush through subsequent court rulings and recounts that must be completed by specific deadlines. Again the teacher can eventually steer the play to fit an historically accurate end after alternatives and questions are explored.
Persuasive writing is an important part of the grade 10 curriculum. Students will have the opportunity to write a persuasive essay on the decision of the Supreme Court to intervene in the case of the 2000 election. In January 2001 the New York Review of Books published an essay by Ronald Dworkin titled A Badly Flawed Election in which he criticizes the handling of the election issues by the courts. He additionally criticizes the Electoral College system for electing president. A little over a month later Charles Fried responded with an essay of his own which was accompanied by a reply by Ronald Dworkin. Using these essays as source material students will be assigned to write a persuasive essay agreeing or disagreeing with one or more of the issues aired in the essays: the courts' ruling and the Electoral College system.
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