If every vote counts, why not vote on the National Popular Vote?
The
editorial staff of The Daily Sentinel's is right: Direct democracy is
problematic. Allowing two wolves and one sheep to vote on what's for
dinner will only result in the devouring of minority rights.
However,
they are dead wrong when it comes to the issue of the Colorado General
Assembly adopting the national popular vote interstate compact — a move
that pushes us closer to the brink of a future constitutional crisis. It
is appropriate for voters to demand that lawmakers pump the brakes.
Don't take my word for it. Listen to the words of those who are pushing to adopt a national popular vote.
"The bottom line is that every Coloradan
should have their voice heard," said Sen. Mike Foote, D-Lafayette.
Foote is a prime sponsor of Senate Bill 19-042, which would require the
state electors to cast their vote for the winner of the national popular
vote.
To quote the Sentinel,
consider the bizarre scenario unfolding before our eyes. National
popular vote proponents champion the cause of "every vote being counted"
(their words not mine). But when asked if we should actually place this
issue on the ballot — you know, that thing where votes are counted —
they become oddly dismissive.
Paging, Mr. Irony: Please pick up the nearest courtesy phone.
Criticizing
the referendum process seems even more hypocritical when perusing old
issues of the Sentinel. In years past, the paper has endorsed umpteen
ballot measures — many that originated as citizen petition. But when
some concerned citizens kick the tires of a possible — not even fully
materialized — ballot measure, suddenly the referendum process is being
"misused"? Understandably, the ink on the bill needs to dry before a
referendum can start, but to dismiss citizens petitioning their
government seems arbitrary and disingenuous.
I'll concede this double negative: The
Electoral College is not infallible. Nothing is flawless, especially
systems crafted by something as imperfect as humans. Also, I am deeply
sympathetic to the objectionable history of this institution and the
racially-biased context of its founding. (Google "Three-Fifths
Compromise" and get back to me about "all men are created equal.") And I
do believe that there are good-faith arguments about reforming how we
elect our president, especially proposals that seek to shake up the
current "winner-take-all, two-party-duopoly" model such as ranked-choice
voting or proportional allocation.
But
the interstate compact is not a realistic alternative. Arguably, it
generates more questions than answers, and its supporters' myopia ignore
many unforeseen issues down the road.
If
a majority of the popular vote cannot be achieved, will plurality
suffice for this same crowd? What if a highly competitive election
actually occurs, and the biggest vote-getter only garners 39 percent of
the vote? Surely, somebody just as unpopular as the current president
could sneak in with such a low vote. Does a certain percentage threshold
need to be achieved? If so, what percentage? Do we need to have a
runoff to achieve a pure majority? What happens if faithless electors
defect en masse? What happens when a clash between the interstate
compact and Electoral College inevitably lands in court? Are national
popular vote enthusiasts really OK with another election being decided
by the Supreme Court, à la Bush v. Gore (2000)?
The
Sentinel was correct to remind readers that we live in a
"representative republic." However, I would like to add one modifier to
this "lawsplaining": The United States is a "constitutional republic,"
meaning that our system of government is bound to the limitations and
processes enumerated in the U.S. Constitution.
In 1787, the Electoral College was first
codified by Article 2, Section 1 of the Constitution. Then, the 12th
Amendment was added in 1804, superseding a portion of the original text
to include the provision of the House of Representatives deciding an
election in the absence of a clear majority. Finally, the 20th
Amendment, ratified in 1933, added the line of succession to promote the
vice president if the House could not reach a decision by March 4.
As
history shows, the Electoral College has evolved legally over time. If
dissidents wish to reform or abolish it, then they must continue down
this path of legal adaptation. And there is truly only one vehicle to
take them down that path: a constitutional amendment. Anything else,
such as the interstate compact, is an end-around that mocks our founding
document.
In addition to the
constitutional test, they really should be able to pass their own
aforementioned rhetorical test. If every vote should count, then why are
they so afraid of the interstate compact being on the ballot?
Indeed, this is a bizarre scenario.
Jay Stooksberry is a writer and activist based in Delta, Colorado.
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