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---
title: Electoral College Was Created to Stop Demagogues Like Trump
description: Donald Trump has been described as our “President-elect.” But many would be shocked to learn that this term is legally meaningless.
canonical: https://time.com/4575119/electoral-college-demagogues/
author: Michael Signer
article:opinion: true
article:content_tier: free
article:published_time: 2016-11-17T19:19:54.000Z
article:modified_time: 2026-08-04T07:38:20.808Z
article:section: Ideas
og:title: The Electoral College Was Created to Stop Demagogues Like Trump
og:description: Donald Trump has been described as our “President-elect.” But many would be shocked to learn that this term is legally meaningless.
og:url: https://time.com/4575119/electoral-college-demagogues/
og:site_name: TIME
og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt3471c9c8f0ff73e0/6988aee8cd1bba422d703239/trump16.jpg?branch=production&amp;width=1200&amp;quality=75&amp;auto=webp&amp;crop=16:9
og:image:width: 1920
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og:image:alt: Correspondent Lesley Stahl interviews President-elect Donald J. Trump and his family at his Manhattan home on Nov. 11, 2016.
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twitter:title: The Electoral College Was Created to Stop Demagogues Like Trump
twitter:description: Donald Trump has been described as our “President-elect.” But many would be shocked to learn that this term is legally meaningless.
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![](https://static.time.com/v3/assets/bltea6093859af6183b/blt3471c9c8f0ff73e0/6988aee8cd1bba422d703239/trump16.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9)


# The Electoral College Was Created to Stop Demagogues Like Trump

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<!-- video src="https://cdn.jwplayer.com/manifests/wcGbUXRn.m3u8" -->
## Video: Watch Donald Trump's Full Presidential Acceptance Speech

[Watch (HLS stream): Watch Donald Trump's Full Presidential Acceptance Speech](https://cdn.jwplayer.com/manifests/wcGbUXRn.m3u8) (15:30)

![Watch Donald Trump's Full Presidential Acceptance Speech](https://cdn.jwplayer.com/v2/media/wcGbUXRn/poster.jpg?width=720)

_Published 2016-11-09. In one of the most shocking U.S. elections in modern political history, Donald Trump has defeated Hillary Clinton._


by 

[Michael Signer](https://time.com/author/michael-signer/)


## Michael Signer


Nov 17, 2016 7:19 PM UTC

![Correspondent Lesley Stahl interviews President-elect Donald J. Trump and his family at his Manhattan home on Nov. 11, 2016.](https://static.time.com/v3/assets/bltea6093859af6183b/blt3471c9c8f0ff73e0/6988aee8cd1bba422d703239/trump16.jpg?branch=production&width=1200&quality=75&auto=webp&crop=3:2)

Correspondent Lesley Stahl interviews President-elect Donald J. Trump and his family at his Manhattan home on Nov. 11, 2016.

Correspondent Lesley Stahl interviews President-elect Donald J. Trump and his family at his Manhattan home on Nov. 11, 2016. CBS via Getty Images

by 

[Michael Signer](https://time.com/author/michael-signer/)


## Michael Signer


Nov 17, 2016 7:19 PM UTC

Since Nov. 9, Donald Trump has been described as our “President-elect.” But many would be shocked to learn that this term is actually legally meaningless. The Constitution sets out a specific hurdle for Trump to ascend to the presidency. And that will not happen until Dec. 19 when the members of the Electoral College meet in their respective states to [vote](http://www.factcheck.org/2016/11/could-electoral-college-elect-clinton/) for the President. 

It’s these electors who actually hold power under the Constitution to select Donald Trump as president. They should take that responsibility very seriously. They owe it to all Americans to deliberate on their choice in the manner required by the Constitution. 

The fact is that the Electoral College was primarily designed to stop a demagogue—a tyrannical mass leader who preys on our prejudices—from becoming President.

Consider what Alexander Hamilton wrote in [Federalist Paper Number 68](http://avalon.law.yale.edu/18th%5Fcentury/fed68.asp). The Electors were supposed to stop a candidate with “Talents for low intrigue, and the little arts of popularity” from becoming President. The Electors were supposed to be “men most capable of analyzing the qualities adapted to the station, and acting under circumstances favorable to deliberation, and to a judicious combination of all the reasons and inducements which were proper to govern their choice.” 


They were to “possess the information and discernment requisite to such complicated investigations” as the selection of the President, and they were supposed to “afford as little opportunity as possible to tumult and disorder.” They were even supposed to prevent “the desire in foreign powers to gain an improper ascendant in our councils.”

Hamilton was talking about demagogues. The word “demagogue” appears in both the first and last Federalist Papers; in Federalist Paper Number 1, for instance, Hamilton worried about the “military despotism of a victorious demagogue.”

In my book [_Demagogue: The Fight to Save Democracy from Its Worst Enemies_](http://michaelsigner.com/demagogue/), I define demagogues as meeting four criteria: first, they posture as a mirror of the masses, attacking elites. Second, they trigger great waves of emotion. Third, they use that emotion for political benefit. Fourth, they threaten or break established rules of governance. 


Demagogues tend to turn democracy against itself, from within, as we have vividly seen in recent years with the tyrannical Hugo Chavez in Venezuela (who imprisoned political opponents), the corrupt Silvio Berlusconi in Italy (who was convicted for corruption and for sex parties with underage women), and the brutal Alexander Lukashenko in Belarus (who runs a violent, oppressive regime). 

For a long time, I believed that Trump was not a demagogue because he didn’t mirror the masses and because he didn’t threaten governance. But when he began openly posturing as a mirror of the masses and courting unlawfulness and even violence, I concluded that he had, in fact, become a demagogue, which meant that he also crossed the line into a clear Constitutional danger zone, according to the Founding Fathers.

For that reason, the Electoral College was designed to prevent a demagogue from becoming president. It serves two purposes. One of them is to give small states power as well as big states and the cities. The other is to provide a mechanism where intelligent, thoughtful and statesmanlike leaders could deliberate on the winner of the popular vote and, if necessary, choose another candidate who would not put Constitutional values and practices at risk. 


In other words, the electors are not supposed to rubber-stamp the popular vote. They’re supposed to do the opposite—to take their responsibility gravely, to subject the winning popular vote candidate to exhaustive scrutiny, and, if the candidate does not meet Hamilton’s standards, to elect an alternative.

There is much for them to examine with Donald Trump. In his campaign and in his rocky and unsettling transition so far, Trump has run roughshod over fundamental Constitutional principles. 

For instance, he sanctioned violence at his rallies and threatened to imprison his opponent. He threatened the independent press with libel actions and has barred the press from covering him. He has said he would force generals to comply with unlawful orders (for instance, regarding torture) and has threatened to abrogate alliances with treaty partners. And he has done all of these things while stoking prejudices, rage and fear in a way paralleled in our history only by other inarguable demagogues. And his transition so far has been an unsettling parade of erratic and autocratic decisions.


Electors are chosen by their respective state political parties. Twenty-nine [states](http://archive.fairvote.org/?page=967) and the District of Columbia have laws in place requiring their electors to vote for the winner of the state’s popular vote. But those laws usually impose just small penalties, and Harvard law professor Lawrence Tribe has [said](http://www.factcheck.org/2016/11/could-electoral-college-elect-clinton/) that even those fines are Constitutionally suspect and may not be enforced by a court.

Because of these rules, the Electoral College has fallen into irrelevancy. This year’s election, in particular, the candidacy of Donald Trump, provides them with every reason to perform their job in accordance with Federalist #68\. 

There are several reasons to think that a revolt against Trump could take place among Republican electors. There’s the fact that Trump ran against the Republican Party and their leaders, viciously attacking many respected national leaders. There’s the fact that he was unable to win the popular vote—at most recent count over a million votes behind Hillary Clinton.


And then there’s the fact that Trump promises to bring to the presidency precisely the “tumult and disorder” that Hamilton warned against.

The electors were supposed to be statesmen. Even though recent years have seen a decline in statesmanship in America, they could be reborn this year. Statesmen truly have our greater good truly at heart, pursuing the broader purpose of America and calming the passions. 

If these men and women live up to that noble goal on Dec. 19, they will truly make American great again.


## Transcript

[ PEOPLE CLAPPING AND CHEERING ] USA! USA! USA! Thank you, thank you very much So much, everyone. [ APPLAUSE ] Sorry to keep you waiting. Complicated business, complicated. [ APPLAUSE ] Thank you very much. [ APPLAUSE ] I've just received. A call from Secretary Clinton. [ APPLAUSE ] She congratulated us it's about us on our victory. And I congratulated her And her family on a very, very hard fought campaign. I mean she fought very hard. [ APPLAUSE ] Hillary has worked very long and very hard, over a long period of time And we owe her a major debt of gratitude for her service to our country. I mean that very sincerely.

[ APPLAUSE ] Now it's time for America to bind the wounds of division, have to get together. To all Republicans, and Democrats, and Independents across this nation I say it is time for us to come together as one united people. [ APPLAUSE ] It's time. [ BLANK_AUDIO ] I pledge to every citizen of our land that I will be President for all Americans and this is so important to me. For those who have chosen not to support me in the past of which there are a few people. I'm reaching out to you for your guidance and your help. So that we can work together and unify our great country [ applause ]. As I've said from the beginning, ours was not a campaign but rather an incredible and great movement made up of million [ APPLAUSE ] Of hardworking men and women who loved their country, and want a better, brighter future for themselves and for their family.

[ APPLAUSE ] It's a movement comprised of Americans from all racists, religions, backgrounds, and beliefs, who want and expect our government to serve the people. And serve the people it will. [ APPLAUSE ] Working together, we will begin the urgent task of rebuilding our nation and renewing the American dream. I've spent my entire life in business. Looking at the un tapped potential in project, and in people all over the world, that is now what I wanna do for our country. [ APPLAUSE ] Tremendous potential I have got a [ UNKNOWN ] in our country so well, tremendous potential. It's gonna be a beautiful thing every single america will have the opportunity to realize his or her fullest potential to forgot men and women of our country will be forgot no longer.

[ APPLAUSE ] We are going to fix our inner cities and rebuild our highways, bridges, tunnels, airports, schools, hospitals, we're gonna rebuild our infrastructures. [ INAUDIBLE ] Which will become By the way, second to none. [ APPLAUSE ] And we will put millions of our people to work as we rebuild it. [ APPLAUSE ] We will also, finally, take care of our great veterans. [ APPLAUSE ] [ APPLAUSE ] You've been so loyal, and I've got the nos so many, over this 18 months journey. The time I've spent within during this campaign has been among my greatest honours, [ UNKNOWN ] incredible people. We'll embark upon a project of national growth and renewal.

I will harness the creative talents of our people and we will call upon the best and brightest to leverage the tremendous talent for the benefit of all. It's gonna happen. [ APPLAUSE ] We have a great economic plan. We will double our growth and have the strongest economy anywhere in the world. At the same time, we will get along with all other nations, willing to get along with us. [ APPLAUSE ] We'll have great relations. We expect to have great, great relations. No dream is too big, no challenge is too great. Nothing we want for our future is beyond our reach. America will no longer settle for anything less than the best .

>> [ APPLAUSE ] We must reclaim. [ APPLAUSE ] Our country's destiny. And dream big and bold and daring. We have to do that. We are going to dream of things for our country. And beautiful things and successful things once again. I want to tell the world community. That while we will always put America's interest first, we will deal fairly with everyone, with everyone. To all people and all other nations. We will seek common ground, not hostility. Partnership, not conflict. And now I'd like to take this moment to thank some of the people who really helped me with this, what they're calling tonight very very historic victory.

First I wanna thank my parents who I know are looking down on me right now. [ APPLAUSE ] Great people. I've learned so much from them, they were wonderful in every regard. I had truly great parents. I also wanna thank my sisters Maryanne and Elizabeth, who here with us tonight. [ APPLAUSE ] And where are they? They're here someplace. They're very shy, actually. And my brother, Robert, my great friend. Where is Robert? Where is Robert? [ APPLAUSE ] My brother, Robert, and they should all be on this stage but that's okay. [ APPLAUSE ] They're great and also, my later brother, Fred. Great guy, fantastic guy.

Dad. [ APPLAUSE ] Fantastic family. I was very lucky. Great brothers and sisters. Great unbelievable parents. To Melania and Don. And Ivanka [ APPLAUSE ] And Derek. [ APPLAUSE ] And Tiffany. [ APPLAUSE ] And Barron. [ APPLAUSE ] I love you and I thank you. And especially for putting up with all of those hours. This was tough We love you. Aah! It is where's tough. It's political staff is nasty and it's tough. So, I wanna thank my family very much, really fantastic. Thank you all. And Lara unbelievable job. Vanessa thank you, thank you very much. What a great group. You've all given me such an incredible support and I will tell you that we have a large group of people.

You know, they kept saying we have a small staff, not so small, look at all the people that we have. Look at all of these people. [ APPLAUSE ] And Kelly Ann and Chris and Rudy, and Steve, and David, we have got tremendously talented people up here, and I want to tell you it's been very very special. I want to give a very special thanks to our former Mayor Rudy [ UNKNOWN ] [ APPLAUSE ] Unbelievable. Unbelievable he travelled with us and he went through meetings [ UNKNOWN ] never changed. Where is [ UNKNOWN ]? Where is he? [ UNKNOWN ]. Governor Chris [ UNKNOWN ] [ APPLAUSE ] Thank you Chris. The first man, the first senator, the first major major politician, let me tell you he is highly respected in Washington because he is as smart as you get, Senator Jeff Sessions.

Where's Jeff? [ APPLAUSE ] Great man. Another great man. Very tough competitor. He was not easy. He was not easy. [ APPLAUSE ] Who is that? Is that the Mayor that's here though? That Rudy? Rudy got up here. [ APPLAUSE ] Another great man who has been really a friend to me. But I'll tell you, I got to know him as a competitor. Because he was one of the folks that was negotiating to go against those Democrats, Dr Ben Carson, where is Ben? [ APPLAUSE ] Where is Ben? [ APPLAUSE ] And by the way, Mike Huckabee is here, someplace, and he is [ APPLAUSE ] This is fantastic. Mike and his family, Sarah.

Thank you very much. General Mike Flynn. [ APPLAUSE ] Where is Mike? And General Kellogg. We have over 200 generals and admirals that have endorsed our campaign. And the special people and is really an owner, we have 22 congressional medal of owner recipients. We have just tremendous people, a very special person who believes me and you know i have read reports that im not getting along with him . I never had bad second with that He is an unbelievable star, he is, that's right, how did you possibly guess? So let me tell you about rights. [ APPLAUSE ] And I've said this, I said rights and I know it, I know it, look at all these people over there.

I know it, rights is a superstar, but I said They can't call you a superstar Rynce unless we win. Cause you can't be called a superstar like secretariat. If secretariat came in second, secretariat wouldn't have that beautiful bronze bust at the track at Belmont. I will tell you Rynce, Is really a star, and he is the hardest working guy. [ APPLAUSE ] And in a certain way I did this right. Come up here, where is Ryan? [ APPLAUSE ] Get over here, Ryan. Boy, boy, boy. [ APPLAUSE ] It's about time you did this right. [ APPLAUSE ] My guy. Say a few words, come here say something. Ladies and Gentlemen the next President of the United States, Donald Trump.

[ APPLAUSE ] Thank you, it's been an honor, God bless, thank God. Amazing guy. [ APPLAUSE ] Our partnership with the RNC was so important to the success in what we've done. So, I also have to say I've gotten to know some incredible people, the Secret Service people. [ APPLAUSE ] [ APPLAUSE ] They're tough and they're smart and they're sharp and I don't want to mess around with them, I can tell you. And when I wanna go and wave to a big group of people and they rip me down and put me back down in the seat, but they are fantastic people so I want to thank the Secret Service. [ APPLAUSE ] [ APPLAUSE ] And law enforcement to New York City, they're here tonight.

[ APPLAUSE ] These are spectacular people, sometimes under appreciated, unfortunately, but we appreciate them, we know what they go through .

>> [ APPLAUSE ] [ APPLAUSE ] So, it's been what they call a historic event, but to be really historic we have to do a great job, and I promise you that we will not let you down. We will do a great job. [ APPLAUSE ] We will do a great job. I look very much [ APPLAUSE ] Forward to being your president and hopefully at the end of 2 years, or 3 years, or 4 years, or maybe even 8 years. [ APPLAUSE ] You will say some of you work so hard first, but you will say that you will say that, that was something that you. Where it really we're very proud to do and I can thank you very much. And I can only say that while the campaign is over our work on this movement is now really just beginning.

[ APPLAUSE ] We're going to get to work immediately for the American people. [ APPLAUSE ] And we're going to be doing a job that hopefully, you'll be so proud of your President. You'll be so proud. Again, it's my honor. It's an amazing evening. It's been an amazing two year period. And I love this country. Thank you. Thank you very much. [ APPLAUSE ] Thank you to Mike Pence. Thank you everybody. Thank you Mr. President. Thank you. Thank you. Your great. USA USA USA

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