Other Opinions About the U.S. Electoral College

A prior post discussed the July 6 Supreme Court decisions about the “faithless electors’ in the U.S. Electoral College for electing the president and vice president and initial reactions to those Supreme Court cases. Here are some additional reactions to those cases as well as other commentaries about the U.S.’ complicated system for election of a president and vice president.

Jesse Wegman[1]

Jesse Wegman, a member of the New York Times editorial board and the author of a book about the Electoral College, rightly says these recent cases did not address the issue of the continued existence of that institution, which, he says,” is rotting American democracy from the inside out.” First, it potentially can award “the presidency to the candidate who earns fewer votes among the people as a whole — which violates the fundamental premise of majority rule.” Second, it violates “the constitutional mandate of ‘one person, one vote.’ In the presidential election, the value of your vote depends on where you live. If you live in one of the half-dozen or so ‘battleground’ states, it matters hugely. If you happen to live in a ‘safe state,’ as a vast majority of Americans do, it’s effectively irrelevant.”

The Electoral College was created in the late 18th century Constitution because its “framers worried that most voters — who rarely ventured far from home and had no easy way of getting information quickly — couldn’t know enough about national candidates to make an informed decision.” However, Wegman says, the College has never worked that way with the immediate formation of national political parties.

As a result, Wegman argues, “there is no remaining rationale for the Electoral College. What remains is a system that serves no purpose other than to erase the votes of 100 million Americans every four years, making them bystanders to the most consequential election of all.” In short, amend the Constitution to eliminate the Electoral College.

Wall Street Journal[2]

A Wall Street Journal editorial also points out that these new cases do not “address the most controversial question about the Electoral College, which is whether the U.S. should have one at all.”

The editorial, however, does not address that issue either. Instead, it discusses the National Popular Vote Interstate Compact whereby some states agree to grant their electors to the winner of the nationwide popular vote and which presumably is valid under the Opinion of the Court. However, says the Journal, Justice Thomas in his concurring opinion, points out that the Constitution in the last clause of Article I, Section 8, states, “No State shall, without the Consent of Congress . . . enter into any Agreement or Compact with another State.”

In any event, that compact currently has 16 members (15 states and the District of Columbia) with a total of 196 electoral votes and by its terms would go into effect when enough additional states join to constitute a majority of the Electoral College (270 votes).

Richard L. Hasen[3]

 Just before these Supreme Court decisions, Richard L. Hasen, a professor of law and political science at the University of California, Irvine and the author of a leading book on problems of the U.S. election system, noted several problems with that system.

  • First, it “features deep fragmentation of governmental authority over elections. Not only does the United States use a highly decentralized and localized election system that gives many powers over national elections to state and local bodies, but also, even within the approximately 10,500 bodies expected to run the 2020 election, there is sometimes disagreement over who has decision making authority over voting rights decisions.”
  • Second, “protection of voting rights in the United States is marked by polarized and judicialized decision making.”
  • Third, U.S. “ constitutional protections for voting rights remain weak. The U.S. Constitution contains no affirmative right to vote. It speaks of voting rights mostly in the negative: thanks to a number of constitutional amendments, it is now illegal to bar someone from voting on the basis of race, gender, age of at least 18, or through the use of a poll tax.”
  • Fourth, this “decentralized, federalist approach to voting rights has led to a self-perpetuating system of voting inequality, where in some places you may be disenfranchised even if you do everything right.”

Therefore, Hasen proposes the following short-term remedies. “All states need to expand opportunities for online voter registration in time” for this November’s presidential election. . . . Congress needs to adequately fund additional expenses related to running an election during the pandemic. . . .  States need to form independent bipartisan task forces to conduct full and independent investigations into why areas with more poor voters and voters of color saw significant problems voting in person during the primaries.”

In addition, Hasen advocates for a new constitutional amendment that would “guarantee all adult citizens the right to vote in federal elections, establish a nonpartisan administrative body to run federal elections that would automatically register all eligible voters to vote, and impose basic standards of voting access and competency for state and local elections.

 Wilfred Codrington III [4]

Last year Codrington, a Fellow at the Brennan Center for Justice at NYU School of Law, pointed out a racist motivation for the creation of the Electoral College at the Constitutional Convention.

“The populations in the North and South were approximately equal, but roughly one-third of those living in the South were held in bondage. Because of its considerable, nonvoting slave population, that region would have less clout under a popular-vote system. The ultimate solution was an indirect method of choosing the president, one that could leverage the three-fifths compromise, the Faustian bargain they’d already made to determine how congressional seats would be apportioned. With about 93 percent of the country’s slaves toiling in just five southern states, that region was the undoubted beneficiary of the compromise, increasing the size of the South’s congressional delegation by 42 percent. When the time came to agree on a system for choosing the president, it was all too easy for the delegates to resort to the three-fifths compromise as the foundation.”

This racial impact affected the election of 1800, when Thomas Jefferson defeated John Adams, 73-65 in the Electoral College and “metaphorically rode into the executive mansion on the backs of slaves,” according to a Yale Law School professor, Akhil Reed Amar.

In the 1876 presidential election, Democrat Samuel Tilden won the popular vote but not the Electoral College vote due to disputes about the status of some electors. An ad hoc commission ultimately awarded the disputed electors to Republican Rutherford Hayes with his agreeing to remove federal troops in the South that were intended to maintain order and protect black voters.

Max Boot[5]

Boot, an historian and Washington Post columnist, reports that he recently participated in a “war game” over a hypothetical narrow Biden victory in the Electoral College, 278-260, including narrow wins in three swing states—Michigan, Wisconsin and Pennsylvania—where Republicans control both houses of their legislatures. Although all three states have Democratic governors, who usually certify election results, there is nothing to prevent the legislatures from certifying different results, especially if Trump “will stop at nothing to avoid the stigma of being branded a ‘loser’” and if hypothetically he and his allies concocted allegations of election fraud in those three states. The resulting dispute over these three states and hence the results of the election could well end up in the Supreme Court, and who could predict how they might resolve the dispute, given what it did in the 2000 election contest between George W. Bush and Al Gore.

A related concern is whether local, state and federal funding for the expenses of conducting the upcoming election in this pandemic will be adequate. This especially is true for the U.S. Postal Service with the anticipated mailing of election ballots.

David Rothkopf[6]

A lot of these current issues about the Electoral College are prompted by the outrageous conduct of our current president, Donald Trump, who is the “embodiment of the Founders’ worst fears.” So says David Rothkopf, a former professor of international affairs at Columbia University, Johns Hopkins and Georgetown University, former CEO and editor-in-chief of Foreign Policy magazine and a senior official in the Clinton Administration.

Rothkopf continues, Trump “has invited our enemies to interfere with our elections to help him win, then sought to do it again. He has misused federal resources, inappropriately elevated his own family members, and enriched his own businesses. He has repeatedly attacked the First and the Fourteenth Amendments. He has had infants thrown in cages and denied relief to Puerto Rico in the wake of Hurricane Maria at the cost of thousands of lives. He has gutted environmental protections and attacked alliances that the US spent decades building and maintaining. And now he has mismanaged the worst public health crisis in a hundred years, overseen the greatest economic crisis since the Depression, and attempted to use the US military to crush legitimate protests on the streets of the capital.”

Moreover, “in the space of just a few days, . . . [Trump] was revealed to have endorsed concentration camps in China and to have again sought the assistance of a foreign adversary in winning a US election, was quoted as calling for the deaths and imprisonment of US journalists, defended the slave power traitors of the Confederacy, admitted that he suppressed testing during the pandemic because true data about the rate of infections would harm him politically, sought to fire more truthtellers in the administration and had his attorney general remove an official in charge of investigations into him and his supporters. He was reportedly briefed about a Russian scheme to place bounties on American and allied troops in Afghanistan, and not only did nothing about it but continued to act as an advocate for Putin. And so it goes on… before we even consider the many complaints about his character—his racism and misogyny, his ignorance and contempt for science and history, his lies, his narcissism, his vulgarity, his demagoguery. Has there ever been a public official in US history so unable to relate to others, show an emotion besides anger, or view the world through any means but his own self-interest?”

Conclusion

 Support a constitutional amendment to abolish the Electoral College!

==========================

[1] Wegman, Can We Please Pick the President by Popular Vote Now? N.Y. Times (July 6, 2020)

[2] Editorial, States and the Electoral College, W.S. J. (July 6, 2020); Kendall & Bravin, Supreme Court Rules States Can Prohibit Electors From Breaking Rank, W.S.J. (July 6, 2020); Astor & Stevens, Did the Popular Vote Just Get a Win at the Supreme Court? N.Y. Times (July 6, 2020); National Popular Vote, nationalpopularvote.com.

[3] Hasen, Bring on the 28th Amendment, N.Y. Times (June 29, 2020).  Since there are now 27 amendments to the U.S. Constitution, this article calls for a 28th amendment even though an existing non-profit organization has drafted and is promoting what it calls the 28th Amendment “to end the escalating influence of big money that dominates our elections . . . [by enabling} Americans to enact reasonable limits on campaign contributions and dark money political spending [and] reversing the 2010 Supreme Court Citizens United decision.” (American Promise, The 28th Amendment.)

[4] Codrington, The Electoral College’s Racist Origins, The Atlantic  (Nov. 17, 2019); 1800 United States presidential election, Wikipedia.

[5] Boot, What if Trump loses but insists he won? Wash. Post (July 6, 2020); Reuters, ‘Epic failure’: U.S. Election Officials Warn of November Chaos Due to Budget Crunch, N.Y. Times (July 10, 2020); McCarthy & Jameel, The Postal Service Is Steadily Getting Worse—Can It Handle a National Mail-In Election?, propublica.org (June 15, 2020). See also Will Upcoming U.S. Presidential Election Be Legitimate? dwkcommentaries.com (July 5, 2020).

[6] Rothkropf, “The Most Ignorant and Unfit’: What Made America’s Worst Ever Leader? N.Y. Rev. Books (July 3, 2020).

 

 

Pandemic Journal (# 17): More Demonstrations of Trump’s Incompetence

Pandemic Journal (# 11) set forth at least some of the reasons why, in my opinion, Donald Trump is utterly incompetent as president. Every day seems to bring more proof for that conclusion, and I prefer to avoid documenting those reasons so that I have time to do something more personally enriching.

However, two recent incidents are so outrageous that I cannot let them go without adding them to his many sins.

 Trump’s Interview in the Lincoln Memorial[1]

On Sunday, May 3, Trump arranged to have his interview by two Fox News anchors (Bret Baier and Martha MacCallum) televised from the Lincoln Memorial in Washington, D.C.

During the interview, the President said the death toll from the coronavirus pandemic may reach as high as 100,000, which was twice as high as he had forecast only two weeks ago. He also claimed that his efforts had prevented that total  from reaching “a million two, a million four, a million five, that’s the minimum. We would have lost probably higher, it’s possible higher than 2.2million.” Nevertheless, the President said he favored lifting the stay-at-home orders and other restrictions.

While he admitted he had been warned about the virus on January 23, he said it was presented as “not a big deal.”  A week later, on January 30, he decided to block entry to the U.S. by most foreign nationals coming from China, but he said that was not caused by the earlier warning.

“I am greeted with a hostile press the likes of which no president has ever seen. The closest would be that gentleman right up there. They always said Lincoln – nobody got treated worse than Lincoln. I believe I am treated worse.”

Max Boot, an historian, best-selling author, foreign policy analyst and Washington Post columnist, places this Trump interview in a broader context. Boot observes, “We are in the midst of a once-in-a century crisis, with death totals having already exceeded the number of Americans killed during the Vietnam War and unemployment numbers approaching Great Depression levels. We are desperate for leadership of the kind provided by Abraham Lincoln and Franklin D. Roosevelt. We need a president who will empathize with an ailing nation while explaining why the current sacrifice is necessary on the road to victory.”

Instead, says Boot, “we have a president who threw a pity party for himself at the Lincoln Memorial, claiming he is ‘treated worse’ than a president who was assassinated. The Civil War leader whom Trump resembles is not the resolute Lincoln but the failed Gen. George McClellan — who was indecisive, conceited and intolerant of criticism.”

Dana Milbank, another Washington Post columnist, agrees. He says, “Only a man of Trump’s peculiar sense of victimhood could believe that he has been “treated worse” than a predecessor killed by an assassin’s bullet. And a review of press criticism of Lincoln confirms, as expected, that Trump’s self-pity is as silly as it sounds.”

In response to criticism about holding the interview in the Lincoln Memorial that his aides had arranged by getting the Secretary of Interior to waive a rule against political events inside the Memorial, Trump even said that this location was Fox’s choice, not his.

 Trump’s Response to President George W. Bush[2]

On May 2, former President George W. Bush’s three-minute videotaped segment was presented on TV as part of a 24-hour live-streamed “The Call to Unite” that also featured former President Bill Clinton, Oprah Winfrey, Tim Shriver, Julia Roberts. Martin Luther King III, Sean Combs, Quincy Jones, Naomi Judd, Andrew Yang and others.

Mr. Bush said, in part, “Let us remember how small our differences are in the face of this shared threat,” while in the background were music and photographs of medical workers helping victims of the virus and of ordinary Americans wearing masks. Bush then concluded, “In the final analysis, we are not partisan combatants. We are human beings, equally vulnerable and equally wonderful in the sight of God. We rise or fall together and we are determined to rise.” He did not mention President Trump.

Early the next morning, Trump fired off a tweet. First, he paraphrased a Fox News personality as saying, “Oh by the way, I appreciate the message from former President Bush, but where was he during Impeachment calling for putting partisanship aside.” Then Trump added, “He was nowhere to be found in speaking up against the greatest Hoax in American history!”

A Washington Post columnist, David Von Drehle, violated his own rule for not commenting on Trump’s Twitter comments by doing so for this one because it was “so nakedly revealing of its author’s values and character.” This Trump Tweet “embraced and simplified the idea that Bush’s remarks should properly be viewed through the prism of Trump’s political fortunes. . . . No doubt the president’s florid narcissism explains part of this reaction . . . . As the only noteworthy occupant of his own psychological state, Trump seems to think everything is about him. . . . Yet here, a plea for national unity [by a former president] is the occasion for a presidential rebuke. The only sensible explanation: the president has no interest in unity. . . . Bush’s statement hit Trump like an indictment. He knows that unifying the public is not on his agenda. He has no interest in bringing us together.”

Drehle concludes, “Our life-or-death struggle with a new disease has become, for Trump, just another chance to divide the country, to leverage resentments, to fuel suspicion, to antagonize his critics — in the slim hope that he’ll galvanize his supporters while demoralizing the opposition. That’s why he thinks the Bush statement is about him.”

More General Criticism of Trump[3]

Thomas Edsall, a New York Times columnist and a full-time member of the faculty at Columbia University Journalism School, quoted the following observations about Trump from prominent academics:

  • Stephen Walt, a professor of international affairs at Harvard, said that Trump has responded “to the [coronavirus] crisis with his now-familiar playbook: blaming others, denying responsibility, invoking racial differences and ‘foreign’ dangers, and trying to discredit honest reporting so that he can sell a false narrative about the great job he’s doing.”
  • Mira Rapp-Hooper, senior fellow for Asia Studies at the Council on Foreign Relations, wrote, “The U.S. government’s pandemic leadership has been its own special brand of catastrophe. The American president denied the threat, rejected scientific expertise, spread misinformation, and left state and local governments to fend for themselves in public trust violations of the highest order. With shambolic self-governance, the U.S. government has placed its own citizens in unnecessary peril, while sidelining itself from acting as a global crisis leader in a way that is unprecedented in the last seven decades. China is all too happy to fill the vacuum.”

As noted in a previous post, George Conway and several other prominent Republicans have formed a group (The Lincoln Project) to defeat Trump’s re-election this November. Conway recently reported that Trump had responded to this group in an early morning Tweet on May 5, attacking the members of this Project as “‘LOSERS,’ ‘loser types,’ ‘crazed” and ‘a disgrace to Honest Abe.’ About me, he said, ‘I don’t know what Kellyanne [Conway, a Trump aide] did to her deranged loser of a husband, Moonface, but it must have been really bad.”

This latest example of Trump’s outbursts prompted George Conway to say, “Now, it’s more obvious than ever. Trump’s narcissism deadens any ability he might otherwise have had to carry out the duties of a president in the manner the Constitution requires. He’s so self-obsessed, he can only act for himself, not for the nation. It’s why he was impeached, and why he should have been removed from office.”

“And it’s why he reacts with such rage. He fears the truth. He fears being revealed for what he truly is. Extreme narcissists exaggerate their achievements and talents, and so Trump has spent his life building up a false image of himself — not just for others, but for himself, to protect his deeply fragile ego. He lies endlessly, not just in the way sociopaths do, which is to con others, but also to delude himself. He claims to be a ‘genius,’ even though he apparently can’t spellcan’t punctuatecan’t do math and lacks geographic literacy, and even though his own appointees have privately called him a ‘moron,’ an ‘idiot,’ a ‘dope,’ and ‘dumb.’  Now, God help us, he fancies himself an expert in virology and infectious diseases.”

George Conway concluded, “Trump’s lying, his self-regard, his self-soothing, his lack of empathy, his narcissistic rage, his contempt for norms, rules, laws, facts and simple truths — have all come home to roost. Now he sees his poll numbers fall accordingly, and lashes out with ever-increasing anger. For deep in his psyche he knows the truth. Because he fears being revealed as a fake or deranged, he’ll call others fake or deranged. Because he fears losing, he’ll call them losers instead.”

===============================

[1] Rogers, Most Events in the Lincoln Memorial Are Banned. Trump Got an Exception, N.Y. Times (May 4, 2020); Baker, Trump foresees Virus Death Toll as high as 100,000 in the United States, N.Y. Times (May 3, 2020); Wolfe, Dishonest Don’s Lincoln backdrop highlights his monumental errors, Guardian (May 6, 2020); Boot, Trump’s dithering proves one thing: We’re at war without a leader, Wash. Post (May 5, 2020); Milbank, ’I believe I am treated worse.’ Trump says. As if, Wash. Post (May 5, 2020).

[2] Baker, George W. Bush Calls for End to Pandemic Partisanship, N.Y. Times (May 3, 2020); Von Drehle, I usually ignore all Trump’s tweets. Not this one, Wash. Post (May 5, 2020).

[3] Edsall, Why Isn’t Trump Riding High? N.Y. Times (May 6, 2020); George Conway, George Conway: Trump went ballistic at me on Twitter. Here’s why he reacts with such rage, Wash. Post (May 6, 2020).