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Second look at the federal electors story

In the articles I linked earlier today, one noted at 10th Circuit decision about so-called "faithless electors:"

The 10th U.S. Circuit Court of Appeals ruled Tuesday that the Colorado secretary of state violated the Constitution in 2016 when he removed an elector and nullified his vote because the elector refused to cast his ballot for Democrat Hillary Clinton, who won the popular vote.

The Electoral College system is established in the Constitution. When voters cast a ballot for president, they are actually choosing members of the Electoral College, called electors, who are pledged to that presidential candidate. The electors then choose the president.

Electors almost always vote for the popular vote winner, and some states have laws requiring them to do so.

But the split decision by a three-judge panel on the Denver appeals court said the Constitution allows electors to cast their votes at their own discretion. "The state does not possess countervailing authority to remove an elector and to cancel his vote in response to the exercise of that Constitutional right," the ruling said.

Colorado's current secretary of state, Jena Griswold, decried the ruling Tuesday in Colorado but did not immediately say if she would appeal.

"This court decision takes power from Colorado voters and sets a dangerous precedent," she said. "Our nation stands on the principle of one person, one vote."

Except that the Constitution doesn't. Instead, it says that the states choose their electors, and the electors vote for president. The entire point of that system is to remove the people from the equation entirely. To have the people choose the president would require a Constitutional amendment, which will never happen, for the simple reason that the states who would lose their disproportionate power in selecting the president would have to vote for the amendment.

What we can say, however, is that the American Left hates the Electoral College right now. This has more to do with the rightward shift of small states than any actual policy differences, of course. But twice in the last 20 years, the winner of the popular vote lost the electoral vote. In both cases the popular winner was a Democrat, and the electoral winner a hard-right Republican.

Unfortunately, the system is working as designed. It's supposed to give disproportionate power to smaller, more-agricultural states. In one of history's ironies, New Jersey proposed having each state get one vote in Congress. Today, New Jersey is 100% urban, according to the Census Bureau, and Wyoming has the most power per person in the country. (Let me tell you how happy I am that a bunch of old, white ranchers has almost 8 times my voting power per person in the Senate and about double my power in the Electoral College.)

I also found it interesting that the dissenting judge in the case would have held that the electors simply had no standing to sue, because the court could grant them no relief. I'm glad the other two let the case go forward. And I'm interested to see if it makes a difference in 2020.

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