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posted by Fnord666 on Monday July 13 2020, @04:23PM   Printer-friendly

Absurdity of the Electoral College:

Here's one nice thing we can now say about the Electoral College: it's slightly less harmful to our democracy than it was just days ago. In a 9-0 decision, the Supreme Court ruled that states have the right to "bind" their electors, requiring them to support whichever presidential candidate wins the popular vote in their state. Justice Elena Kagan's opinion was a blow to so-called "faithless electors," but a win for self-government. "Here," she wrote, "the People rule."

Yet while we can all breathe a sigh of relief that rogue electors won't choose (or be coerced) into derailing the 2020 presidential contest, the Court's unanimous ruling is a helpful reminder that our two-step electoral process provides America with no tangible benefits and near-limitless possibilities for disaster. To put it more bluntly, the Electoral College is a terrible idea. And thanks to the Justices' decision, getting rid of it has never been easier.

[...] The Electoral College, in other words, serves no useful purpose, other than to intermittently and randomly override the people's will. It's the appendix of our body politic. Most of the time we don't notice it, and then every so often it flares up and nearly kills us.

[...] Justice Kagan's words – "Here, the People rule" – are stirring. But today, they are still more aspiration than declaration. By declining to make the Electoral College an even great threat to our democracy, the Court did its job. Now it's up to us. If you live in a state that hasn't joined the interstate compact, you can urge your state legislators and your governor to sign on. And no matter where you're from, you can dispel the myths about the Electoral College and who it really helps, myths that still lead some people to support it despite its total lack of redeeming qualities.

More than 215 years after the Electoral College was last reformed with the 12th Amendment, we once again have the opportunity to protect our presidential-election process and reassert the people's will. Regardless of who wins the White House in 2020, it's a chance we should take.

Would you get rid of the Electoral College? Why or why not?

Also at:
Supremes Signal a Brave New World of Popular Presidential Elections
Supreme Court Rules State 'Faithless Elector' Laws Constitutional
U.S. Supreme Court curbs 'faithless electors' in presidential voting
Supreme Court rules states can remove 'faithless electors'


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  • (Score: 1, Interesting) by Anonymous Coward on Tuesday July 14 2020, @06:40AM (2 children)

    by Anonymous Coward on Tuesday July 14 2020, @06:40AM (#1021084)

    Eliminating the EC without a Constitutional amendment can only be accomplished through violence. There are two broad categories of ways to get people to do what you want -- agreement and force. By circumventing the agreement method (Constitutional Amendment) and doing some Constitution underminingl workaround (Interstate Compact) you necessarily rely on the force method.

    You're leaving out an important step here. The courts.

    Assuming the NVPIC [wikipedia.org] gains legislative approval from enough states to guarantee the election of the popular vote winner *ever* happens, about nineteen seconds later dozens of lawsuits will be filed trying to invalidate such an arrangement.

    And it's not clear that such an agreement/compact is even constitutional [wikipedia.org].

    It's entirely possible that SCOTUS could rule such an agreement unconstitutional for a variety of reasons.

    After that, what sort of "force" are you talking about? Reg'lar army folks occupying statehouses until they ratify an amendment? SEAL teams assaulting Governor's mansions? Or maybe just FBI? You've got some imagination there friend.

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  • (Score: 1) by khallow on Tuesday July 14 2020, @01:06PM (1 child)

    by khallow (3766) Subscriber Badge on Tuesday July 14 2020, @01:06PM (#1021209) Journal

    And it's not clear that such an agreement/compact is even constitutional.

    All they need is consent of Congress to get past that obstacle (or a favorable Supreme Court line up). Given that Congress hasn't protested the agreement now despite the progress made for over a decade (sounds like they're up to 15 states), that's a strong demonstration of consent.

    And of course, they could just do it anyway. Supreme Court has limited power to enforce.

    • (Score: 0) by Anonymous Coward on Tuesday July 14 2020, @02:06PM

      by Anonymous Coward on Tuesday July 14 2020, @02:06PM (#1021233)

      All they need is consent of Congress to get past that obstacle (or a favorable Supreme Court line up). Given that Congress hasn't protested the agreement now despite the progress made for over a decade (sounds like they're up to 15 states), that's a strong demonstration of consent.

      Yeah. That's the law. If Congress says it's okay, then it's okay. That's neither illegal or some sort of trick/fraud. It's right there in the Constitution.

      If SCOTUS says they don't need Congress' approval, that's not illegal or a trick/fraud either.

      This is how our system works. And it's been that way since 1789 and 1804, respectively.

      If anyone doesn't like it, they can try to change the constitution with an amendment, as we've done 27 times over the years.