Posted on 02/08/2017 5:10:24 PM PST by markomalley
Since President Donald Trump defeated Hillary Clinton in the November presidential election without winning the popular vote, there have been almost unending calls from the left to eliminate the Electoral College.
Supreme Court Justice Ruth Bader Ginsburg joined that chorus on Monday.
When asked by a group of students what she would change about American society at a Stanford University lecture, Ginsburg responded, according to CNN, “There are some things I would like to change, one is the Electoral College.”
Ginsburg conceded that to change the Electoral College would require passing a constitutional amendment, which would be “powerfully hard to do.”
It is unfortunate that so many prominent Americans, including a Supreme Court justice and countless others, have questioned an electoral institution that has so effectively served the American people for over two centuries.
A Move Toward Majoritarianism
While Ginsburg wasn’t clear about how she would change the Electoral College, the most common suggestion to “fix” it has been to move toward a national popular vote selection process. The theory is that a more democratic system better reflects the people’s will.
This proposal would completely undermine the carefully constructed electoral process the Founding Fathers created at the Constitutional Convention and would further erode the essential concept of federalism that lies at the heart of the republic.
The Founders had a deep understanding of history. They knew that an unclear process of succession from one leader to another has often destroyed countries—it most certainly contributed to the downfall of the Roman Empire.
So, at the Constitutional Convention, the framers of our founding document constructed a system that produced over two centuries of peaceful transfers of power from one administration to the next—a near miraculous feat in human history littered with civil strife and broken political systems.
It would be foolish to abandon this remarkably stable process without first understanding why it was created.
It is often hard for modern Americans to accept the fact that our system of government was created to place limits on pure democracy.
For instance, an editor of the liberal media outlet ThinkProgress blasted the uneven nature of Senate representation to express frustration over the confirmation of Trump’s secretary of education, Betsy DeVos:
But to those who think that every vote should have equal weight and that only pure democracy is legitimate, the elections of George Washington and even Abraham Lincoln must be viewed as errors.
Washington’s elections were almost entirely undemocratic, and Lincoln won with less than 40 percent of the popular vote in 1860.
It’s clear through our nation’s history that we have been best served by the balanced system the Founders created.
The Founders’ System
Most of the Founders desired a presidential election process in which the states, acting in their separate capacities, would play a prominent role. Additionally, they feared giving too much power to bare majorities and “democracy,” which had frequently brought down great civilizations.
Few Founders seriously suggested choosing presidents through a national popular vote. Yet, there was still disagreement about what exactly this system would look like.
As Heritage Foundation legal expert Hans von Spakovsky noted in a paper on the Electoral College:
In creating the basic architecture of the American government, the Founders struggled to satisfy each state’s demand for greater representation while attempting to balance popular sovereignty against the risk posed to the minority from majoritarian rule.
The Founders came to a compromise in which the states would be allowed to pick electors who would vote on behalf of the people. The electors coming from those states would be tallied based on the total number of representatives and senators those states send to Congress.
Given that every state has two senators, regardless of population, the Electoral College was slightly skewed toward the smaller states.
This was intentional. The Founders sought to reduce the power of raw national majorities and, importantly, preserve a system that includes the diverse interests of Americans diffused throughout the states.
This became an essential factor in 2016 as many Rust Belt states that had previously voted Democratic for decades flipped to a Republican candidate.
Trump was better able to appeal to the specific interests of this region to secure a victory and create a sea change in the political map.
Without balancing out the power of large and small states, California, New York, and Texas would almost entirely determine all of our presidential elections. Our leaders would reflect the viewpoints and interests of the people who inhabit those narrow geographic regions with vast population centers.
Intentionally Undemocratic
Wild swings in policy based on temporary passions and majority tyranny were among the many potential catastrophes the Founders associated with pure democracy and that they desperately attempted to avoid.
While the Founders desired a system with a certain amount of democracy built in—a House of Representatives selected by popular votes within constrained to districts being the prime example—they aimed to restrain its potential pitfalls.
In fact, not a single election or issue in the United States is determined by a national plebiscite. The state-based, undemocratic structure of the Electoral College was meant to curb the maladies of an unconstrained mob much like most of our other institutions.
The Electoral College has become functionally more democratic over the years. The states universally conduct a popular vote to choose their electors rather than having the state legislature choose, as was done in earlier American history.
But most of the initial structure has remained unchanged.
Taken to its logical extreme, the idea that political legitimacy only comes through pure democracy would undermine our presidential elections, the Senate, and the almost entirely undemocratic Supreme Court that Ginsburg sits on.
Fortunately, the high bar of passing constitutional amendments—another undemocratic element of our government—will likely prevent a change to America’s time-tested presidential electoral system.
And to top that off, the Electoral College hit a record high in popularity after Trump’s election, according to a Gallup poll. If Ginsburg wants to change the Electoral College, she’ll have to contend with the Founders, and the American people.
So many idiots, so little time...
( R B G n Company )
The Constitution and liberal judges are not friends.
But, then again, the term “liberal judge” is the very example of an oxymoron.
Oh yes, Ruth, let’s go with the National Popular Vote - you know, that thing that is not mentioned anywhere in the Constitution. That thing that has never been used, not once, in the history of our nation. Not to choose a president. Not to ratify or amend the Constitution. Not to pass a law. Never. Not once.
Good luck with that. I’m sure the other 49 states will be more than willing to allow California to choose the president every election.
When’s her funeral?
already been embalmed
Proof that Liberalism is a mental disease.
The idiot Ginsberg is not fit to be a Supreme Court Justice
The EC is a big wall against vote fraud. It’s been keeping S0r0$ at bay for a while now.
They are heretics, anti-American commie bastards who will do anything to win. We must be eternally vigilant against them.
Idiot Ginsberg is not fit to clean toilets.
By doing this, she has just labeled the Supreme Court as a ‘circus’ the same as the 9th District Court...they are called ‘clowns’ and it is called a ‘circus’ and rightfully so...
She needs to go to pasture and I hope she takes that idiot Warren, who thinks she's part Indian, Pelosi who runs a Pizza Shop, and Maxine Waters who doesn't have a lick of sense on any matter whatsoever...
I have NEVER seen such stupid people in my life, and I have worked and met a lot of people in my life, as ignorant as our government people...(excluding President Trump and our new administration)....
God forgive us for putting our heads in the sand for so long, I just hope and pray we can save this Country!!!
If the Democrats had won this election killing the Electoral College would have been easy. With that 5th Communist Justice, they simply “overturn” it i.e. declare it Unconstitutional. The Republicans would complain that that wasn’t a wise thing to do.
She makes Keith Richards look good .
How so? She sees her interest — what will get her what she wants — and she goes after it. She wants New York and California to have greater weight in determining the president and she chooses a means to give them that weight.
OK,fair enough...she's entitled to have an opinion.Assuming that it's proper for a SC Justice to publicly state such an opinion then I'm sure she knows how it can be done:
A two-thirds vote in both the House of Representatives *and* the Senate...and then approval by thirty eight State Legislatures.
It's hard for *me* to imagine even a dozen state legislatures approving this.
In the 1960 World Series the losing team scored more than twice as many runs as the winning team, as the Yankees won three blowout games (16–3, 10–0, and 12–0), while the Pirates won four close games (6–4, 3–2, 5–2, and 10–9). Regardless of how many runs the Yankees had the Pirates won the series by winning the most games. How many Yankees fans have been mocked over the decades for claiming they really won the 1960 World Series because they had more runs? Even the brain dead liberal's at ESPN can understand the Yankees lost under the rules. And in this case: Ginsberg
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