Abstract

The electoral college is inconsistent with the underlying principles of the US constitution and the basic ideas of John Rawls' theory of justice. The college introduces an undefined variable into the basic structure and violates the Rawlsian idea of a stable society and public reason. Public reason involves constitutional essentials of the basic structure and constitutive of the overlapping consensus of reasonable comprehensive doctrines. Since the electoral college need not respect the majority vote of the citizenry nor publicly justify its vote, it violates the idea of public reason of citizens as free and equal since political discourse must be public and consistent with the principles implicit in the basic structure