My Rebuttal to "It's Time to Abolish the Electoral College"

ILLINOIS

To the Editor, Windy City Times:

Re:  "Opinion: It's Time to Abolish the Electoral College"

I crossed paths with Prof. Patricca’s 9/15 article on abolishing the Electoral College because it’s been a specific focus of mine for nearly two decades. The professor has broad and stellar academic credentials in theater/arts, philosophy, and theology. I’ve done a deep dive into this civic issue.

Arguments about who won or lost the popular vote always head down a rabbit hole. It's just not the game that's being played or has ever been played. And every presidential candidate knows this.

Did you know that in 1996, Bill Clinton got a smaller percentage of the popular vote (43%) than Donald Trump in 2016 (46%)? Such details are both interesting and meaningless. The Electoral College delivered both men to the Oval Office. See Wikipedia.

The bi-partisan list of presidents who were elected with less than a majority of the popular vote, includes Lincoln (1860), Hayes (1876), Garfield (1880), Cleveland (1884 & 1892), Wilson (1912 & 1916), Truman (1948), Kennedy (1960), Nixon (1968), Clinton (1992 & 1996), George W Bush (2000), and Trump (2016).  Source: Statista.com.  In fact, this has been the case bout 40 percent of the time since 1824. 

As to the origins of our Federalist model, the Founders’ first concern was literally preserving the Union. They feared that everything could fall apart. After a decade of trying to function under the dismal Articles of Confederation, our ‘brightest and best’ including  George Washington, agreed it was time to start over. Part of America’s unique story is that the states established the federal government (by ratifying the Constitution), not the other way around.

The United States has been called ‘a republic of 50 co-equal states, a republic of republics.’ The Constitution is organized to disburse, not consolidate, power. Equal representation in the Senate enacts the principle that every state is equally sovereign. The Electoral College enacts this principle. While the term does not appear in the Constitution, the process is spelled out in Article II Section I and later revised in Amendment XII. 

Regarding Patricca’s concerns about Faithless Electors, consider Chifalo v Washington (2020).  NPR reports, "... Writing for the court, Justice Elena Kagan ... said Electoral College delegates have no ground for reversing the statewide popular vote.”   

Since the presidency of George Washington, politics has encroached on the process. In 2020 Hollywood celebs bought air time urging Republican electors to renounce their commitment. If a similar message is directed at Harris electors, they must ignore it.

Regarding the National Popular Vote Interstate Compact (which I’ve lobbied against since 2008): twice as many state legislatures have voted it down as have joined. The scheme calls for states to set aside their constituent votes in favor of the national vote winner. This violates state constitutional residency requirements and federal regulations. At least three Supreme Court rulings suggest the Compact would not pass legal muster.

Regarding the (tired) idea that small states are over-represented: California alone has 55 electoral votes, more than the total electoral votes of the 12 smallest states scattered across the country, half red and half blue. Since 2000 there have been 11 different “swing” States.  See Wikipedia.

Contrary to the idea that the Electoral College is “vulnerable to the tyranny of a well-organized and disciplined minority,” the Electoral College builds a legal wall around every state to protect it from irregularities elsewhere. Recall the 2020 election controversies in a handful of states: Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin. Thanks to the Electoral College, the 20 states that border the ones in question were unaffected by the disagreements. 
 
As the CEO of the American Federation, the President represents the states in matters like trade deals and treaties, defense and warfare, border integrity, and running the Executive Branch.  No other office crosses borders and speaks for the whole of the states. The presidential election process reflects this.
 
Roberta Schlechter
NW Volunteer with Michigan-based KEEP OUR 50 STATES
Portland, OR

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