Safeguard: An Electoral College Story (2020) - full transcript
"What if something you changed caused unintended consequences you never imagined?" Safeguard: An Electoral College Story asks that question about presidential elections. How does the system...
America in and of itself was a perfect
dream implemented by imperfect men.
But the foresight
of the founding fathers
was to understand
their innate imperfection
and to create a system
that was empowered
with the mechanics for change.
I have a dream
that one day on the
red hills of Georgia
sons of former slaves and the
sons of former slave owners,
will they be able to sit down
together at the table of brotherhood.
I have a dream.
The Electoral College
is one of the things
that it gives the framework for you
to have the power
to stand up for your rights
and your liberties.
You’ve had it for so long people
don’t know what it truly means.
The actual structure that we have
that has allowed us to get here
is not the thing that
we should want to take down.
A lots happened
over the years.
And while this nation
has been tested by war
and it’s been tested
by recession
and all matter of challenges
I stand before you again tonight
after almost two terms
as your president to tell you
I am more optimistic
about the future of America
than eve before.
America was designed to
protect individual rights
and getting rid
of the Electoral College
is the simplest way to make sure
that we fall short of our potential.
People have gotten stuck on the word
democracy but we are a democratic republic
designed to cool
the passions of society.
That is what the constitution was
designed to do and by extension,
that is what the Electoral College
is designed to safeguard.
That’s also why this experiment we call
America has been so effective for so long.
I remember when I first studied
American politics
and constitutionalism the idea
of Electoral College
is always kind of an outlier
if for no other reason
it’s not a college.
I mean you don’t actually
go there to study.
It doesn’t actually exist
in the same way.
Well what is this thing?
It’s an odd bird in the sense
of it’s not an obvious thing.
Having said that it’s
a quite brilliant creation
on the part of the founders.
After the American Revolution
and before the constitution
you have this period of time
where we had a different constitution
called the Articles of Confederation
and this was a really,
really simple government.
It’s basically just a congress
with nothing else.
And that meant that the states
really just did their own thing.
The revolution was fought on behalf of
self-government in colonial capitals.
So if you were from Connecticut
you were fighting the revolution
in order to be taxed not from
Westminster but from Hartford.
And why was Hartford preferable?
Well because that’s the people
that you were electing.
And does that mean
that you wanted a government
that had input from people
who lived in Georgia?
No. It did not mean that.
In fact you probably had no conception
of people who lived in Georgia.
You almost certainly
had no contact with people
from outside your own region,
probably your own state.
You likely never met anybody
who had been there.
You’d never talked
to anyone from there.
You didn’t even know
what they sounded like.
We often think that
the United States
started as a powerful nation.
It didn’t.
It started as 13 feeble states barely
knit together by a continental agreement.
And all around these states
was the British Empire.
And then to the west across the
Mississippi River the Spanish Empire.
The European states
had not gone away.
They were fully as threatening
and present
as they had been
at any other time.
And here were these 13 states
making themselves weaker
and weaker day by day
with the way
they argued with each other.
And then people realized
there’s essentially no way
that those states can vindicate
the rights of people
who live there
unless their leagued together.
So this doesn’t mean
that you think
that if you’re in New Jersey
that you want New Yorkers
to be involved in anything to do
with the government you have.
But you need to league with them
in fighting this war.
But that poses a problem
because a lot of the rhetoric
of the revolution
is about home rule and not
having excessive government,
not having government
that’s not accountable to you
and your neighbors.
Why would you be fighting
a revolution
against distant
unaccountable authority
and then trying to create a new
distant unaccountable authority.
The founders saw that the
democracy that was going on
within the states
was not doing a good job
in some cases
of protecting individual rights.
So when they got together
to create the constitution
this was one of the things
they knew they had to do
although at the beginning
they didn’t know quite
how they were going to do it.
But they knew they had
to create a government
that the power
comes from the people
but also a government they
couldn’t oppress the people.
And that was what set them
down this road
of writing
the American constitution.
In order to create a government
that would work, the founders
of the constitutional
convention realized
that you had to create
a federal government
that was going to be able
to exercise
in an effective way,
three basic functions of government.
One is legislating.
One is putting
that legislation into effect.
And the other is judging the laws that
are passed by the legislative branch
and carried out by the executive
branch and that’s the judiciary.
The concerns of the founders were premised
upon a certain view of human nature.
They thought that people were
ultimately corrupt or corruptible
and therefore the incentives
that operated
within a given system
would shape their behavior.
And so we have this
Rube Goldberg device essentially
that is set up to make it difficult
for laws to be enacted willy nilly.
The founders knew based on
human history
that the same government that
has the power to imprison you
or even take your life
or take someone else’s life
should not be able
to make decisions quickly.
Because through history
often minorities
were disadvantaged
at the hands of government.
At the time the founding fathers
were drafting the constitution
they had one principle thought in mind.
And that is
preserving the liberties
of the American people.
They were living at a time
when there was a lot of tyranny
and to their observation
it came from the fact
that the same person or group
could both make a law
and enforce the law.
So the ability to make and enforce
the law allows for self-dealing.
There’s a concern
with one’s own interests.
This goes back to human nature
as the founder’s understood it.
If people have the opportunity
to exercise power in their favor
it will be a temptation
to do so,
one that may be
too difficult to resist.
So you create an institution
that will prevent this
or at least reduce
the ability to self deal.
So in order to make sure
in the new constitution
that no person or group
could do both of those things,
make the law
and enforce the law,
they decided to place
the lawmaking in one category
and the enforcement of the law
in another category.
Separation of powers had
not been the norm in history.
So it was a doctrine that
was made popular by Montesquieu
and others about the time
of the revolution, a bit before.
And it was the recognition that
if you wanted to control power
you couldn’t let one person
sit in every capacity
and as they always say absolute
power corrupts absolutely.
So we divide the power up.
But there is a misperception
out there
that the founders were elitists
who didn’t trust the people
and the reality is
they didn’t trust anybody.
They knew that left to his own
devices the president
sometimes will abuse his power.
Left to their own devices
the congress sometimes
will abuse its power.
Same with the judiciary.
The national government
versus the state government,
the elected officials versus the
people who are voting for them,
everybody is subject
to this problem of human nature.
And the founders set up a system
of absolutely nobody is trusted.
Everybody is given a little bit
of power
to check the others
to create accountability.
And the founders hoped
that in this way
they would protect liberty
from the imperfections
of human nature.
Liberty when you examine what
the founders thought about it
meant fundamentally that
the citizens of a republic
could conduct their business,
go their way
and live their lives
for the most part unmolested
by the power
and the intervention
of the federal government.
So what do you do?
You take liberty and you
protect it from its chief enemy.
Because the chief threat
to liberty is power.
Well, what do you do then?
You take power and you divide it.
You make the different parts
and aspects of political power
in effect quarrel
with each other
and expend their energy
balancing each other.
Because when they do that
then they’re not going to be a threat
to the liberties of the people.
So this was the central problem
of the constitutional convention.
How do we empower government and
yet curb its excesses of power?
What was finally arrived
at after long months of debate
was the idea
of the single president
who would have all
the responsibility
of the executive authority
in his hands
but would also be limited
in certain important ways
by powers that were distributed
to the legislative branch
and to the judicial branch.
Yesterday, December 7, 1941
a date which will live
in infamy
United States of America
was suddenly
and deliberately attacked
by naval and air
forces of the empire of Japan.
What does the president do?
The president is there
to act now.
He doesn’t make the law.
In the congress a slow process
is very good.
With an executive a slow process
can often be very bad.
In a crisis
you may not have time.
We need executives
who can execute
and execute effectively
and quickly.
The president is not supposed
to have very much power
over how government works.
The president's supposed
to make government work.
The president is supposed to be
in charge
The president is supposed to be
in charge
of actually getting things done
but not deciding what gets done
of actually getting things done
but not deciding what gets done
or what policies are going
to be carried out.
That’s supposed to be congress.
As congress has done less
and less the executive
has had to do more and more.
And it’s shifted our political
attention to the White House
and it’s why we have these big
fights over presidential elections.
One of the big problems of
the constitutional convention
was deciding how will
we select an executive.
And they talked about
all kinds of things.
Should it be
a multi person executive?
You serve three people
like a triumvirate
or something like that?
Should it be one person?
And how is that person
going to be chosen?
Some folks thought that it
should be the people should vote
and the executive should be
relying on the popular vote.
But representatives primarily from
smaller states were concerned.
They said well, the bigger
states have more population
and they’ll just
rule everything.
They went back and forth
small states
versus large the whole summer.
And finally at the end of the
summer behind closed doors
in a subcommittee
that had been dispatched
to wrap up some remaining items
that’s where the idea
for the Electoral College
was generated.
And all that we really know
about it
is that one of the delegates
later wrote Mr. Madison
took out the pen and paper
and he sketched out an idea.
And that’s what we know.
They came back
and they presented
this Electoral College idea
to the full convention.
And they tweaked a few things
but they largely accepted
the idea
that Madison and the other
subcommittee meetings had presented.
And that’s how we got
our Electoral College.
To create a separate
independent executive
who was independent
of the congress,
had his own or her own authority
under the constitution,
it was necessary to develop
a system of election.
What would be the best way
to do that?
They thought prominent people
would be elected
by the population in general
and those prominent people
would then elect the president.
The prominent people
became known as electors.
A presidential elector
is actually a real person.
They’re elected
at the state level.
The electors never meet
all together nationally.
They just meet
in their own states.
And in December all they do
is vote for president
and vice president.
Then they go home,
never to be heard from again.
And in January we legally know
who really is elected president
and vice president
and a few weeks later
they’re sworn in.
The states began to realize
that if the state
allocated all its electors
to one person the state
would have much more to say
about who became president.
And so almost all the states
then began to require
the person who gets the majority
of the popular vote in the state
would be chosen
by the electors casting
all of the votes of that state.
The whole Electoral College
process is a democratic process.
It’s one person, one vote.
Right?
All the democratic principles
apply just at the state level.
So in a presidential election
year the state republicans,
the state democrats,
maybe the state libertarians,
maybe the state green party,
they will have a convention
and they will nominate people to
be their presidential electors.
If their party wins that
state’s presidential election
then their nominees
for presidential elector
become that state’s
presidential electors
and get to cast those electoral
votes for their party’s nominee.
Mr. President the certificate
of the electoral vote
of the state of California
seems to be regular in form
and authentic.
And it appears therefrom
that Hilary Clinton
of the state of New York
received 55 votes for president
and Tim Cain
of the Commonwealth of Virginia
received 55 votes
for vice president.
We don’t expect our electors
to use their own discretion.
In fact we call
those faithless electors
and they’re pretty rare.
So we do expect our electors –
and they pledge indeed to vote
for the person
who won overall in the state.
So the idea that your vote
doesn’t count
in the Electoral College
is strange.
Your vote does count.
It contributes
to whoever wins your state.
But really you wouldn’t
want it any other way.
If you’re a California voter,
you want the candidate
who is most popular in California
to get the maximum advantage.
Similarly if you live
in Wyoming,
similarly if you live
in North Dakota.
So we have democracy today
but we have 51 democratic
elections, not just one.
And so they decentralized
those votes to recognize
that states are different.
You can think of the World
Series the same way.
It’s not who gets the most runs
in seven games.
It’s who wins the most games.
And the Electoral College
it’s who wins in effect
the most states,
not just who gets the most votes
in total across the nation.
And those are
very different systems.
But no one says the World Series
is undemocratic
because my team got 24 runs
in the series
and your team got 12
but they won more games.
It's just each game becomes
its individualized contest.
The Electoral College idea
reflected the compromises
that had already been made
in the composition
of the legislature.
So of course in our congress
we have a senate
with one state
one vote representation
which makes
the small states happy.
That is what they were used to
before we had a constitution at all.
It also has a house with one
person one vote representation
which of course satisfied
the big states
because their larger populations
would be reflected.
The Electoral College reflects
the same compromise
and the reason it reflects
that compromise is
because you have
the same number of electors
as you have members of congress.
So there is an element
of one state one vote
in the Electoral College
but there’s also an element
of one person one vote.
California still has many
more electors than a state
like Wyoming or Rhode Island.
This system solved a lot of
their philosophical problems
of a democracy
within a republic.
It also played the role of kind
of breaking up regional factions
which is something they were
extremely concerned about
especially at the time of the founding.
And it made the presidency
representative
of all of the popular aspects
within the federal government.
Such that the presidency today
is the one office,
in this case the office
is an individual
that actually represents
all of the American people
as opposed to a particular state
or a congressional district.
So after all this
it’s quite ironic
that the Electoral College
is being attacked as
being anti-democratic
when indeed the creation
of Electoral College
made executive leadership
possible within
a democratic republic.
And without that I think
the system
really wouldn’t have worked
and actually many
of the regional divides
we all know about
in American history
would have probably
broken down a long time ago.
We have to understand that
the Electoral College
fundamentally
is about federalism
which means it’s about the basics
of our constitutional system
because the constitution
creates a federal union.
Federalism fundamentally
means that states
which have their own sovereignty
as states agree
to act for common purposes
in creating an overarching
umbrella federal government
that will help them do
as a collective
what is difficult or impossible
for them to do as individuals.
For instance states
are perfectly competent
to design their own
educational systems,
build their bridges and
designate their state capitals.
They are much,
much less competent
to conduct foreign policy,
create armies and build navies.
Far better for
a federal government
to be responsible for.
That is exactly the balance
that the federal constitution
creates.
State governments are
independent sovereigns.
The federal government
cannot tell them what to do.
That’s an important way
of keeping a check
on the power the federal or in
this case central government.
The federal system
we have I think
runs exactly the way the funders
designed and envisioned it to.
It’s often been said
that the states laboratories
of democracy again
is very much the case.
Wyoming in 1892 they let women
vote long
before anyone else
wanted women to vote.
Other states soon followed
and this has happened
in other ways as well.
Whether it’s abolishing slavery
or enacting certain
civil rights measures.
And if the federal government
were left to be in charge
we would basically be waiting
for 50 sets of representatives
and senators
to all simultaneously come
to the same
revolutionary way of thinking
and to enact
some of these measures.
Whereas when you can rely on
a smaller subset one state
or one region
or a group of states
to have these new ideas
it’s easier
to get the ball rolling.
Our states preexist
the constitution.
They were colonies and then
they were sovereign states
and they remain
sovereign states.
And the Electoral College
is what pulls them together
in order to elect
a chief executive
that is over all of them
protecting
and making sure that the smaller
members of the federation,
of the federal union are not
simply overwhelmed and ignored
by the popular vote nationwide.
It’s that federalism which
the Electoral College
is the premier example of
in our constitutional system.
If we begin to tamper with
the Electoral College what we’re
really starting to do is
to dismantle the federal system.
And when that happens
then we’re kissing goodbye
to all the possibilities
that federalism has represented.
Greater democracy,
greater participation
and greater liberty.
One other historical benefit
we can see of federalism
lies in the fact that eventually
after
the constitutional convention
one by one northern states
take action
in their own legislatures
to abolish slavery.
If there hadn’t been federalism,
if the states hadn’t had
the option and the authority
to make that kind of decision
for themselves
you would never have had
the development of a free north.
And a free north
which in time to come
would be able to stand up
against the aggressions
of what became known
as the slave power.
We would not have had
the leverage necessary
towards the final abolition
of slavery
without those individual
federalized distinctions
and decisions made
by individual state legislators.
We also as we sort of grow up
in this country
and we vote in all sorts
of lesser elections
the principle of majority rule
seems to prevail in virtually
every other election.
I don’t understand why
at this point in time
we continue to adhere
to a system that
again undermines in my view
the principle
of political equality
and simply doesn’t follow
the straightforward logic
of majority rule.
The trouble with the word
democracy is it means
lots of different things
to lots of different people.
When the founders
talked about democracy
they thought of a bunch of people
getting together and voting on stuff.
When people talk about it today
they often use it
for what the founders would have
talked about as a republic.
So when the founders were
creating our country
they had several examples
to look back to in the past,
places where the public ruled.
And those places were primarily
in antiquated Greece.
And there the public
ruled directly
by making
decisions collectively.
And of course
that was impossible
in an extended republic
like ours
to bring all of the American
citizens together
even at that early stage.
So they understood
that we needed
a republican form of government.
And what they meant by that was
a representative form
of governing
where the will of the people
is translated
through elected officers.
They wanted the public
will to be refined
and enlarged through
our representatives.
But they not only thought
a democracy would be impossible
in this extended republic
but also wise.
I mean ultimately you have to
decide do you value democracy
or do you value
individual rights?
And so it’s always majority
rule, minority right.
If everything is simply
51 percent
then that gives me an interest
to just get my 51 percent,
make it as less diverse
as possible
so that I can actually govern
and ignore you 49 percent
of everybody else.
The notion that the country
is ruled by the majority
is a fiction.
The biggest problem that
the framers had to deal with
was the difficulty that
basically we don’t all get along
in the sense that
we have different interests.
Once people have liberty
they will tend to fragment
and that’s the problem.
The question is
what do you do about it?
And there are two ways
to deal with it.
One, you try to get rid of them
which they do
in tyrannical countries,
despotic countries.
Or you adopt the solution
that our framers adopted
and that was you
divide and conquer.
What you make sure
if that you have many factions,
not just a majority faction
and a minority faction.
When you say 50 percent plus 1
you’re referring
to one big faction
versus everybody else.
But in this country
we have many, many factions.
We try to multiply the factions.
And the more we get
the less powerful any one is.
These are all very carefully
crafted checks and balances
that establish the idea
that the majority generally
should get its way
in a number of areas
but we are going to have
mechanisms that from time
to time are going
to frustrate the majority.
And we see that in Supreme Court
rulings from time to time.
We see that when the senate
is able to block legislation.
Occasionally we see it in
the election of the president.
The majority generally gets
its way in our federal republic
but not always.
The constitution does not
establish a democracy.
The constitution is about
establishing self-government
in a way that protects
individual rights
which oftentimes is directly
at odds with democracy.
If what the majority of the people
want in some particular moment
is to interfere
with the rights of a minority.
Well, the constitution was
set up to have varying degrees
of the democratic process show
up in different places
most obviously
the election of the house.
But also you see this
in the delegation of power
to state legislatures
all through the constitution
where the state legislatures
can decide
how to elect the electors,
how to run an election,
how to manage their own affairs.
So the founders
have a lot of democracy
if you will in the election
of the house.
And they have little bits
of democracy elsewhere
that is also balanced
with minority rights
and that’s what makes
the constitution
such a brilliant document.
Abraham Lincoln had to deal
in 1858
with an opponent in the form
of Stephen A Douglas.
Stephen A Douglas was a firm
believer in democracy.
He was so firm of believer
that he believed
that every citizen
in every territory
in every state
to cast a majority vote
for whether they wanted
to have slavery or not slavery.
He didn’t inquire into
the morality of slavery.
He simply said that
if a majority of the people
in a given territory
or a given state wanted to have
slavery then they could have it
if that majority voted
in favor of it,
no further questions asked.
For him democracy
was an end in itself.
That’s all you needed to ask.
What did the majority want?
In modern democracies
we sometimes talk
a little carelessly in the tones
of Stephen A Douglas
that what matters is
whether a 51 percent majority
has endorsed something.
And that is true up to a point
but there is a circle
that is drawn
around a set of rights,
rights that Jefferson
talks about,
rights that are articulated
in the first ten amendments
to the constitution,
the bill of rights.
So we recognize that even
in a democratic system
there are certain
non-negotiables
that majorities cannot pass on.
But we’ve been told that well,
as long as it’s democratic
its’ fine.
That’s a terrible idea.
The most undemocratic part
of the constitution
is the bill of rights.
The bill of rights
is flatly antidemocracy
because the bill of rights says
we don’t care
how big your majority is.
You can’t establish
a national church.
We don’t care how big
your majority is.
You can’t outlaw the press.
We don’t care how big
your majority is.
You can’t turn to
a private group
that wants to influence politics
and say we’re going to
outlaw you meeting together.
And these things
will always be in conflict.
Every American has to decide do
we value democracy more
or do we value
individual rights more.
Historically the answer
in our constitution
is we value individual
rights more than democracy.
Democracy is a great process
but it’s a process.
It’s not a purpose.
Talk is again turning
to the final deciders,
the members
of the Electoral College.
After Hilary Clinton
won the popular vote
but lost the Electoral College
vote to Donald Trump
there were new calls to abolish
the constitutionally
mandated system.
Before the founding most people
believed that democracies
could only be executed
at a very small scale
as to say a city state.
But our founders
had a different notion.
They thought not only could
you have a republic,
a representative form of
government in this large nation
but in fact that republic
would be better.
And the reason
it would be better was
because if you enlarge
the scope of the people
within a government
those people have to form
coalitions in order to govern.
And there’s rarely going to be
an instance
where 50 percent
or 51 percent of the public
feel the same way
across every issue.
That is to say
they have the same religion,
the same vocation,
the same fashion.
You’re rarely to have a group
that’s that monolithic
across the entirety
of this extended republic.
So what do you have to do?
Well, you have
to make coalitions with people
about which you agree
on a certain issue
but not perhaps on all issues.
And in that way
everyone governs a bit.
Everyone has a chance
to be heard on issues
that are most important,
most salient to them.
Thank you.
Well, it’s no secret.
I’m here today to announce
that I’m running for president
of the United States.
One of the things that probably
they didn’t even
fully anticipate
was that the Electoral College
would force you as
a presidential candidate
to have to put together
a national coalition.
You couldn’t do it winning one
popular state
or a sectional candidate
or a special interest candidate.
You had to bring together
diverse groups.
You may be unified
by a certain principle.
But on other issues you may
not be so much together on
and culturally you
may not like each other.
But it was a system that allowed
for political competition
but doing so in a way in which
you try to bring people together
rather than trying to find ways
of dividing
and inflaming passions.
So what the Electoral College
does,
it forces everyone to make sure
that they make the rounds,
not just in
the middle of America,
not just to the financiers
of the world in New York.
Not just tinsel town
in California.
To make sure that they make
the rounds
going to all of the states,
all of America
to bring the unified message.
The presidential vote
is not one big thing.
It’s broken into pieces.
And how you put those pieces
together like a puzzle
is how the president
creates a governing consensus.
The democrats are
a going concern
in the most republican states,
in Oklahoma, in Wyoming.
The republicans
have campaign offices
in political organization
in California, in Vermont.
This is part of the Electoral
College driving the parties
to constantly be probing
can we pull this state
or that state
into our coalition.
We hear this talk every four
years about expanding the map.
That’s Electoral College lingo.
Right?
Expanding the map
means reaching out,
winning people over,
building a bigger coalition.
Expanding the map
is an inherently good thing
that comes directly
from the Electoral College.
Without the Electoral College
the presidency
would be decided
in Boston, New York, Chicago,
Seattle, San Francisco
and Los Angeles.
That’s where the game would be
without the Electoral College.
Instead of that you have
candidates for president
going all over the country and
not just going to urban cores.
Politics are local
so the Electoral College
brings a national campaign
to the local community.
Candidates have to be careful
about how they allocate
their time and resources
because it is unproductive
to spend too much time
in one part of the country
or in one big city.
So over and over again
throughout history
presidential candidates
who have tried to overly focus
on one type of voter
have failed.
The Electoral College
does not reward that.
On the flip side if we had
a national popular vote system
we would suddenly find that that
strategy became very productive
because it’s easier to go spend
a bunch of time racking up votes
among voters that
already want to vote for you.
You can imagine a democrat
running out to Los Angeles
or San Francisco
and promising the environmental
lobby anything they want.
Because if you can get
100 percent of California voters
behind you that’s way better
than getting
50.01 percent
of voters behind you.
Likewise you can see republicans
running out
to Houston and Dallas
and promising the oil
interest anything they want.
You’re now just chasing
a few ideas and policies
in the most populated areas.
Obviously in a system
without the Electoral College,
you’re now going to start
promising positions of power
in the bureaucracy in D.C.
to whatever locations
get that president
the national popular
vote majority that he needs.
So can you imagine having
a system where the EPA director
is always going to go
to Los Angeles County
because Los Angeles County
is always going to deliver
10 million votes.
Whoever wins that national
popular vote
is going to be incentivized
to distribute the winnings
if you will
and the strings of power
to those few localities that
have resulted in them winning.
Help make history and volunteer
because this race is going
to be won on the ground
and it’s going to be won
in Colorado and in lowa
and in North Carolina
and Virginia and Florida
and Pennsylvania
and then we’re going
to the White House.
Howard Dean took over the DNC
and his big push
was a 50 state model
where he was going
to focus on party
building in each of
the 50 states.
Now granted democrats
didn’t start competing closely
in Texas or Georgia right away
but they are now.
And I think that’s attributable
to Howard Dean
really recognizing in a way
that other people
didn’t that
a 50 state model works.
And that a party that competes
across all of the 50 states
and puts more states
in play wins more.
My name is Stacy Abrams and I
intend to be
the next governor of Georgia.
You look at Georgia and Texas
and how close those races
are becoming.
I think you can trace
that back to the party
building that was done
at that time.
And I think the republicans
should play catch up now
and focus on building up the
party apparatus in blue states.
Honestly Trump
was the first candidate
that took the upper
Midwest seriously.
It’s because he had better data.
The better data becomes
the more clear it will be
that more states
are in play
because you have a sense that
"oh these people are not as won over
by the party that’s been winning
that state as you might suspect."
So I think more states
are going to come out like that
and I think 2016
was evidence of that.
Without the Electoral College
the democratic party
would be really tempted
to ignore a lot of Americans.
That would be terrible
for democrats
who live in places
frankly like Vermont. Right?
I mean I think this is why
Howard Dean
talked about a 50 state strategy
because Howard Dean did not want
his democrats to be left behind
by the New York democrats,
the LA democrats,
the Chicago democrats.
The Electoral College in a way
is more important
to the democratic party
than to anybody else
because it forces them
not to become so insular,
so urban centric that they
ignore the rest of the country.
We’re still an extraordinarily
diverse country
so it’s important for our system
of selecting the president
to represent that diversity
and in fact to enforce
candidates for office
to experience
that diversity firsthand.
That’s exactly what our
Electoral College does by
in a way forcing presidents
to go out to every
and each region of the country
to fight out the election
in these swing states
which we’re been fortunate
in every election
to have many of them
spread across the country.
It’s good for America
if the democrats
have a 50 state strategy
and it’s good for America
if the republicans
have a 50 state strategy.
If we start ignoring people
and writing off huge swaths
of the country
we are destroying our country.
America
is not a one size fits all.
Right? We have different values,
different thoughts, different beliefs.
That’s why we have a system
of government
where one political party
can win in one year
and four years later it could be
a different political party.
You can’t win the presidency
without urban voters.
You can’t win the presidency
without rural voters.
You can’t win the presidency without
minorities of every stripe.
You can’t win the Electoral
College without that.
If you throw that off and you
just had one national vote,
all you need to do is win one
more vote than the next person.
One of the keys to the
Electoral College’s success
is we get competitive elections.
So Barak Obama can win
the Electoral College
and Donald Trump can win
the Electoral College
and George Bush could win
the Electoral College
and Bill Clinton
could win the Electoral College.
That’s something
pretty cool about that.
Right now 8:00 PM
on the east coast
Connecticut seven electoral
votes for president.
Delaware the president
will take three electoral votes.
The District of Columbia,
Washington D.C.
and it’s three electoral votes,
his home state of Illinois
a big prize, 20 electoral votes.
The president
also will take Maryland
and it’s ten electoral votes,
in Massachusetts
the home state of Mitt Romney,
all 11 electoral votes.
In Maine three of
the four electoral votes.
Rhode Island
all four electoral votes.
So you have to be more
than a narrow candidate.
That’s fine in a congressional
election or a state election.
But nationally
in a country like this
which is a continental nation
the Electoral College
ensures as much as possible
that you put together
a national coalition.
Another way that
the Electoral College
works in the direction
of conferring legitimacy
is the way that it sustains
the two party system.
We’ve had a two party system
since the 1790s.
People in the
constitutional convention
hadn’t envisioned a party system
but the party system
did come into existence.
One major reason
that it comes into existence
is the Electoral College.
Now sometimes we have had
third party candidates.
There have been occasions
which we have even
had a fourth party candidate,
maybe even a fifth.
They tend to be very narrow
single issue kind of events
and they’re often
quite ephemeral
because they’re built
around personalities.
The assumption I think is once
you eliminate
the Electoral College
that we will continue
to have two parties
and so that will mean
that everyone who is a nominee
of one of the major parties
will come very close
to getting a majority
if not a majority at least
very close to a majority
but that’s not true.
Because once you eliminate
the usefulness
of the Electoral College
you go to a system where it’s
just the popular vote,
you could have 12, 15,
20 parties.
To get the majority
in the Electoral College
you need to concentrate
people’s votes
behind a limited number
of candidates.
You can’t really elect
a candidate president
who only brings in about
15 or 20 percent
of the popular vote
in the states.
If you have a direct popular
vote
in which the person who just
gets the most votes wins
and doesn’t have to have
a majority,
just more than anybody else,
this will encourage candidates
to stay in the race
as long as they think
there’s any chance
they can be the one
with the most votes.
If you’re in a multi candidate,
a direct popular vote
and you’re running third
with say 24 percent
and the person in second has 28
and the person in first
has 30 maybe you can catch him.
Everybody stays in the race
and you end up actually not
getting a clear, popular winner.
Because once you eliminate
the usefulness
of the Electoral College
what happens
is that everyone
will get into the game.
We will have a lot of people
running
for the pro-immigration party
and the anti-immigration party
and the prochoice
and the prolife parties.
In fact it would be
entirely possible
that no one would even come
close when the outcome comes.
And let’s assume
that in the end the person
who is the prolife party
gets 23 percent of the vote
and that happens to be
the highest percentage
of anyone running.
Well, then the voters
in New York and California
and Illinois and Wisconsin
who voted for someone else
entirely would find that they’ve
elected a president
who is prolife.
We would elect a president
on the basis of someone
who comes in
with 25 percent of the vote
over the candidates who came in
with 24 percent and 23 percent.
Don’t you think the people
that got the 24
and the 23 would make
a great deal of grief
about a margin that narrow?
Don’t you think that would cut
into the legitimacy
of the candidate
with 25 percent?
Of course it would.
It would destabilize
the entire process of governing.
The two party systems
actually helps
to bind the nation together
because if you have
democrats in Maine
and democrats in Minnesota
and democrats in Oregon
they’re still all democrats and
they communicate with each other
and they support a common
set of candidates.
Republicans in Florida,
republicans in Oklahoma,
republicans in Michigan may all
be in those different states
but they’re all lined up
behind a common platform
and common candidates.
And what this does, it tamps
down divisions within a nation
and makes us realize that
although we may be from Michigan
or Oklahoma
or Oregon fundamentally
when we act politically
we’re acting as Americans.
And that’s an important glue
for our national unity.
With the Electoral
College system
if you want to get elected,
you want to attract a broad
spectrum of the American people.
So that keeps people
who have very extreme views
out of the presidential race.
If you can win
the presidential race
with just 25 percent of the vote
then the kind of
extremist candidates
that we don’t want to have
running the country
might be able to win
the presidential election.
Without the Electoral College
there’s no longer
any motivation to compromise.
The attitude becomes my 18
percent beat your 17 percent
so I really don’t care
what you think.
And what you see in those
situations is extremists
tend to be rewarded because they
no longer have to tone down.
They no longer
have to work with others.
And so extreme positions
can have a lot more influence
on the process.
We have a bifurcated system.
There is a left
and a right in the country.
But within the left
and within the right
we also have a variety
of different positions.
This big tent approach
to American politics
is extremely important
because it’s not just diversity.
It’s also a concern
with avoiding extreme politics.
And so some scholars
have called it
the dangerous factions
that could develop
if appeals to extremism
were allowed to be made
in terms of making a successful
run for the presidency.
And so one of the virtues
is not only the reduction
in the number of candidates.
But what that does is it forces
the candidates
to make broad brush appeals
to satisfy a variety
of sometimes conflicting
interests in constituencies.
Even when you have one party
which scores a complete sweep
in an election,
wins the White House,
wins the senate,
wins the house
of representatives,
what you have afterwards
is not a single monochrome
point of view.
What you have is the victory
of a national coalition.
What you have to have is a party
then which starts talking within
itself and saying all right.
If we’re going to govern at all
we’ve got to arrive
at some averages here.
The two party system mandates
that they start
shaving off the extremes
and come down to the averages.
They come down to the averages
because they’re
a two party system
and they’re a two party system
in very large measure
because the Electoral College
pushes us,
nudges us in that direction
and a main stream appears.
And what you get then
is a stable democracy.
Here’s what people seem not
to understand.
The world that will exist in a
post Electoral College America
are five billionaires
and a bunch
of multi-millionaires running
for president
trying to be as extreme
as necessary
without alienating enough people
so that they can get a small
sliver of the tranche of voters
necessary to get elected
president of the United States.
That’s where one candidate
who can significantly outspend
the other candidates
could really make a difference
in being able to win an election
particularly because these days
a very large percentage
of the American people
living in a very small number
of media markets.
And that is where having
a lot of money,
being able to buy media
in the big,
dense urban cities
could really make the difference
in changing the results
of a presidential election.
I don’t think that big money
ought to be able
to buy our elections.
And that’s’ true whether we’re
talking about billionaires
or corporate executive
that fund pacts
or big lobbyists.
Tonight we say
to Michael Bloomberg
and other billionaires sorry,
you ain’t going to buy
this election.
And what the Electoral College
does is the last fortress
if you will to hold
back individuals
that think that they can come in
and buy our republic,
buy our vote.
So the billionaires of the world
certainly have the resources
individually to run
that can make it
much easier for a candidate
to cerate the staff
and the advertising revenue
that would allow them
to have greater success
on the national popular
vote scale
than they go on the
national scale we have now
where you have to appeal to
different state constituencies.
Michael Bloomberg says
he is ready to run.
But he plans to skip the first
four 2020 democratic contests.
That’s a risky strategy.
If you really analyzed somebody
like Mike Bloomberg
who is a billionaires,
$55 billions,
he can spend $5 billion
and not blink.
But he can’t buy the election
because he has to be able
to win the primary
because that’s the only way he’s
going to have a viable chance.
And the reason that’s
the only way
he’s going to have
a viable chance
is because…wait for it,
the Electoral College. Right?
So when you have a scenario
where you have removed
the Electoral College
now he no longer has to even
engage in the primary process.
He can simply go directly
to the general election
and talk about how do I get
the most amount of votes
that get me to the place
where I need to be.
It’s not about a majority.
It’s about finding a way
to game the system
in a way that allows his voice
and his money
to speak the loudest.
He spent over $500 million.
That was just on TV
and radio ads alone.
You add in the digital adds.
You add in the staff,
the offices,
the million dollar couches.
The total is likely well over
$600 million making it far
and away the most expensive self-financed
campaign ever in US politics.
He spent more than twice
the combined totals of Trump,
Sanders, Buttigieg,
Warren and Biden.
His spending worked out
to $7 million a day
since he announced
that run in November
or just under
$300,000.00 per hour.
If your concern is money
in politics
then getting rid
of the Electoral College
doesn’t diminish the impact
of money in politics.
It amplifies it in ways you
cannot even begin to comprehend.
The certified result in
the presidential race in Florida
is as follows.
Governor George
W Bush 2,912,790.
Vice President Al
Gore 2,912,253.
Accordingly on behalf
of the state elections
canvasing commission
and in accordance with the laws
of the state of Florida
I hereby declare
Governor George W Bush
the winner of Florida’s
25 electoral votes
for the president
of the United States.
I think we all remember seeing
those pictures
of the vote recount,
of the hanging, dimpled,
pimpled,
pregnant swinging ______
and seeing all the different
cases in the counties.
But the interesting thing
is as bad as that was,
as much as the entire nation
was holding its breath
and waiting to see
what happened,
as many law suits as there were,
that was really just about
one important state.
If we had had a national popular
vote system in place
rather than having a chaotic
contentious recount in Florida
we would have had
a contentious chaotic recount
in every state in the country.
So once you have more potential
for recounts
you also have the potential
for greater fraud.
And so efforts on the national
popular vote to encourage fraud
would certainly be incentivized
because it would
potentially be more difficult
to reveal the fraud
on the national scale.
And the easiest place for fraud
to be committed
is in jurisdictions
are controlled by one party
because the other party isn’t
there to have poll watchers,
to have poll workers,
to basically have a system
where the two parties
are keeping
an eagle eye on each other.
And unfortunately with
a national popular vote system
it would be an incentive
to commit fraud
and try to change
the outcome of elections.
You would need tens of thousands
of agents at each polling place.
You could say well,
I live in Philadelphia.
And you could go
to Wilmington, Delaware
and say I live
in Wilmington, Delaware.
You couldn’t have polls
close at different times.
You’d have to have them uniform
as they do in Canada and Europe
because they don’t want
early voting in one part
or section of the country
influencing another part
of the section.
The 50 states have
very different rules.
Half of them require a drivers
license to vote, half don’t.
Some have mail in ballots
and some don’t.
Some allow for early voting
and others don’t.
Some go from 6:00 AM
to 6:00 PM.
Others go from 6:00 AM
to 10:00 PM, etcetera.
We would have all kinds
of equal protection problems
because we’d have
different rules.
You would have to figure out
how are we going
to run that election
and I think that means
you would have to have
a single national standard
by which everybody voted.
Now that may sound
fairly attractive.
Why not?
Until again you consider
that this is a very large,
enormous country with great
geographic differences
between different states,
difference demographics
and so on.
What makes sense for one state
doesn’t make sense
for every other.
And then you would have
to have much more control
by the federal government.
Ah.
Control by
the federal government,
eliminating the involvement
of the states.
Now you would have accomplished
exactly what the framers
tried to avoid.
You would put control
in one place
and how are you going
to stop the corruption there,
whichever party it is.
Without the Electoral College
the federal government
would have to take more
control over elections
which means that
presidential appointees
would wind up running
presidential elections. Right?
Barack Obama’s people
would have been in charge
of Barack Obama’s reelection.
Donald Trump’s people
would be in charge
of Donald Trump’s reelection.
Right?
The Electoral College
pushes that power
out of Washington D.C.
down into the states.
States run elections,
states are in charge.
It’s distributed. No one state
controls the outcome.
Instead it’s up to 51
different jurisdictions
to run that election.
There’s a mechanism
for what happens
if it’s too close to call
in a particular state,
not if it’s too close
to call across the country.
This would create
quite simply chaos.
And it would throw
any election like that
and I think that it would be
far more common
that you would have these sorts
of elections to the courts.
The stakes are enormously high.
And so we would have litigation
after such disputed elections
which could go on
for months or even years.
Meanwhile the country
would not have a president.
The president is essentially
the foreign policy
representative of the nation.
And so if you have
an ongoing problem
and other countries
rely upon our decisions
in terms of making
their own decisions,
so delays on who will
be making policy,
the uncertainty of it would be
potentially disastrous in terms
of how other nations respond to
America’s presence in the world.
It would have ripple effects
throughout the globe.
This would be catastrophic
if we go months,
potentially years
with court battles.
Who imagines today
with the divisions
that we have
in the United States
that either side is going
to capitulate and just say ok.
You win.
We’ll lay down our swords.
We’ll stop fighting?
Imagine what happens
in the stock market.
Imagine what happens
in the economy.
What kind of a situation
are we asking for?
Well, direct popular election.
While it sounds great,
while it sounds very democratic
also carries within it
the seeds of many problems
that the founders
rescued us from.
You know sometimes you hear
people say well,
whoever wins the popular vote
should win.
And if there’s more people
in the cities
if they win the popular vote
then that’s just the way it is
and who cares about the farmers.
There is no other segment
of society
that we would just look at them
and say your needs
are unimportant.
We can outvote you.
We don’t strive
for simple bare majorities
and then just tell
everybody else tough.
It doesn’t matter.
What we are striving for
and what
the constitution sets up
and what our founders wanted
is justice and fairness
and protection of liberty.
Sometimes we hear
a serious objection
to the Electoral College
lodged on the grounds
that the Electoral College
was designed by
the constitutional convention
to protect slavery.
And the reasoning
runs like this.
The Electoral College
is composed of representatives
from every state based
on your number of members
in the house of representatives
and your number of senators.
Well, isn’t that a revelation?
Because in that case that means
that
for the purpose of
representation southern states
could count their slaves,
slaves who otherwise
were not permitted any voice
on the political process
towards their representatives
and those representatives
would therefore pile up
in the Electoral College
and there would be
an artificial bonus
given to slaveholding states
to cast votes
in favor of proslavery policies.
And thus the Electoral College
is designed to operate
by the constitutional convention
for the interests of slavery
and a great a-ha moment
erupts at that point.
The difficulty is that it is
an a-ha moment
with no air in the balloon.
In 1787 all of the states,
not just the southern states,
excepting alone
Massachusetts legalized slavery.
There was no bonus paid
by the Electoral College
to slave owning states
versus free states.
All the states enjoyed
that bonus.
The largest slave holding state
in the union in 1787
was Virginia.
The largest northern slave
holding state New York.
The three fifths compromise
is not created
for the Electoral College.
It is created for the house
of representatives.
And the founders needs
to figure out
how do you represent
the people and the states.
Well, already built
into the system
is the representation
for the house,
the representation
for the senate.
All they do is say that math
has already been vetted.
It has already been
through the compromise.
The north is agreeing with it.
The south agrees with it.
The west and the east agree
with it.
We agree with that.
That is the great compromise.
We will build that
into the presidency.
When the Electoral College
is finally determined upon
as a mechanism
for electing the president
the question of slavery never
entered into the consideration
because it wouldn’t have had
any application.
There was no
Electoral College advantage
for slaveholding states
because in 1787 they were
all slaveholding states.
25 years later that’s going to
change as northern states one
by one move into
the non-slaveholding column.
But the members of
the constitutional convention
weren’t writing the constitution
with a view towards saying a-ha.
25 years from now we know
that there will be a bonus
for slaveholding states
in the Electoral College.
Well, yes there was
but it was a temporary
one already ebbing away
by the time Abraham Lincoln
is elected.
Proponents of that argument
have decided that
if they tarnish the institution
of the Electoral College
with racism
then that automatically means
it is suspect
and needs to be replaced.
But it’s just ahistorical.
It’s not really accurate and
it’s not really honest frankly.
Charging the Electoral College
as an institution
for slavery
really delegitimizes the plight
of African Americans
for generations.
But it also completely
ignores history.
If you look at the kinds
of people
that were advancing the causes
what did people
like Fredrick Douglas say?
They said that ultimately these
systems actually were helping
bring
about the freedom of slaves,
that there were resulting
in the ability
for slaves to overcome
their oppressors in the south.
Yes, nobody can argue that
some of the founders had slaves.
Some of them didn’t. Slavery was
very common in our world.
It was wrong but it was
the United States of America
that actually created a system
that ultimately
resulted in it being eradicated.
And now guess what?
People that look like me
aren’t considered
three fifths of a human being.
People that look like me
have the ability to vote.
Black people are now fully
vested members of society
in spite of the inequalities
that we still face today.
When we’re talking about do you
have the right to vote
the Electoral College
has no bearing on that.
So for example if you think
about it,
there’s about 130 million people
that voted in the last
presidential election.
Of that 130 million the number
is about 30 –
35 million minorities.
If you move to a system
where you eliminate
the Electoral College literally
the United States of America
could be won at one time
by just white people.
That’s hardly a system
that promotes the diversity
that exists
not just among races,
not just among preferences
about what partners people
want to have but also in careers
and how people want
to make their living.
The Electoral College
forces people to sort of
make the compromise as necessary
to not just appeal
to a couple of big blocks
but to take into account
these smaller blocks of voters.
I mean that’s very similar
to a point
that Vernon Jordan
was making in the late 1970s.
The Electoral College ensures
that racial minorities
have representation by being
sort of the tipping point
in a number of states
and are able to influence
which direction
that state’s electoral votes go.
What purpose would there be
for a candidate to appeal
to the interests
of African American voters
in a national popular vote
African American voters amount
to only seven percent
of those casting votes.
Not really all that significant
so you pay no attention
to African American voters.
In the Electoral College system
you do have to pay attention
to African American voters
because in a number of key swing
states African American voters
are an important component
of the voting public
and you had better have
something important to say,
for African American voters
to hear or you lose their votes.
And you lose their votes
you lose that state.
You lose that swing state,
you lose the Electoral College.
If you’re a candidate
for president it is impossible
to get elected president without
black people voting for you.
Now you can say the republicans
have won elections
but they have found ways to get
black people to vote for them.
Not a lot but enough.
Right?
You cannot get elected president
of the United States
without support
in the Latino community.
You can say well,
republicans haven’t gotten
a lot of Latino support.
But guess what?
They have gotten enough.
And so when you take away
the Electoral College.
When you create a scenario
where people can get elected
president of the United States
without a single vote cast in
their name by a single minority
that is the reality
that we need to be facing.
So if you’re sitting here
saying that it is right
for someone to get elected
who hates minorities
abjectly and concretely well,
then you should be terrified
of an America
that does not have
an Electoral College.
The legacy of black people
in America is well documented.
We’ve had times in America
where we have no rights.
We have even modern day society
when many of the rights
that we should enjoy freely
still seem
as if they come
with strings attached.
So that is a very serious thing
that we should number
one, acknowledge
and, number two, still confront
in our regular lives
when it comes to again
building a more perfect America.
But when you talk about
how do we get
to that more perfect union.
How do we make sure that we
are living Doctor King’s dream
that all people are judged by
the content of their character.
You don’t do it by again
getting rid of the one thing
that has empowered black people
to be able to
leverage political power.
We can have arguments about
are there presidents
who are hostile to the interests
of certain communities.
What we’re not talking about
is a scenario
where somebody who got
18 percent of the vote
ends up becoming president
of the United States.
But we have never had
a president in the modern era
who has campaigned to take away
rights of Americans,
actually rights enshrined
in the constitution.
That is a scenario that we could
end up confronting in a world
where we have gotten rid
of the Electoral College.
In the election of 1860
we had three separate parties,
four if you count
the splinter party.
And the candidate who won
that election
did not win a majority
of the popular vote,
the candidate
of the republican party
in that case actually won
only 39.9 percent
of the popular vote.
Yet that candidate won
a significant majority
in the Electoral College
and so that candidate
was dually elected president
of the United States.
Now you might say yes,
but it wasn’t
a popular election.
Yes, that candidate wasn’t
elected by all the people.
That’s right.
That candidate wasn’t.
But his name
was Abraham Lincoln.
There is no emancipation
proclamation
without the Electoral College
because without
the Electoral College
there is no Abraham Lincoln
as president
of the United States of America.
And while his total percentage
was the lowest
of any elected president
he was actually the most popular
sort of national candidate
to the extent
we had one in that election
in which the country
was very divided.
Lincoln was the candidate
who won in New England.
He won in the mid-Atlantic
states.
He won in the Midwest.
He won in the prairie.
He won in the new states
on the west coast.
He was the most national
candidate of the group
and we were very fortunate
at that point
that the Electoral College
had given us Lincoln
rather than Stephen Douglas or
the candidate of the deep south,
the slaveholders,
John Breckenridge.
The question
for black Americans,
the questions for
minority communities
should be how do
we get more boxes checked.
How do we get to a point
where both parties
are not accountable
and responsive?
Because that is how you
ultimately get to a place
where the solutions
for black and brown people
all across this great land
start to accelerate.
And that should happen
irrespective of who is in power.
The founding ethos of the black
congressional caucus
whether you’re a democrat or not
was that black people
have no permanent friends
and they have no permanent
enemies,
only permanent interests.
And black people of America
have made permanent friends
of the democratic party,
permanent enemies
of the republican party
and our permanent interests
have been cast aside.
And so if you’re really,
truly focused
on empowering black communities
lets not sit here
and talk about eliminating
the Electoral College.
Let’s really focus on how do we
as people leverage the power
that we have in mass,
in numbers and by law
and part of that is
through the Electoral College.
I hear Americans saying
this nowadays
and there’s a lot of it
going around.
They talk about
a dysfunctional government
because there’s disagreement
and they –
and the framers
would have said yes,
that’s exactly the way
we set it up.
We wanted this to be power,
contradicting power.
Unless Americans can appreciate
that and learn
to love the separate of powers
which means
learning to love the gridlock
which the framers believed
would be the main protection
of minorities,
the main protection.
If a bill is about to pass
that really comes down hard
on some minority,
they think it’s terribly unfair,
it doesn’t take much
to throw a monkey wrench
into this complex system.
So Americans
should appreciate that
and they should learn
to love the gridlock.
The constitution
if properly understood
is just one big balancing act.
We’ve got states balanced
against the national government.
We’ve got the states balanced
against each other.
We’ve got each branch
of government, judiciary,
executive, legislative
balancing each other.
We’ve got presidential vetoes
and supermajority requirements
to amend the constitution and
we have the Electoral College.
And all of these different
aspects of our constitution
are just a big careful balance
to protect our liberty.
We’re constantly trying
to make things better.
So the fact that they may
not have got it right
by your likes 200 years ago
is precisely why you want
to keep this system
because it allows you
to make those kind of changes
that you think are needed.
So if you want control
over your life,
more opportunity in your life
you’ve got to go with this one
and try to perfect this one.
And not go to the demigods
who have their own agenda
which is not your wellbeing.
So we have to be very careful
when we try to fiddle around
with a system
that has worked so well
for this country
over so many years
and has in each case with a very
small number of exceptions
has produced a president
who got the most popular votes.
It is very likely that unless
Electoral College defenders
rise up and defend the system
that’s in our constitution
and make the argument about
why the Electoral College
is so important we can easily
lose the Electoral College.
This is close to happening
and could easily happen
within the next few years.
If you change how presidential
elections work,
you essentially nullify
the constitutional process,
rip state lines up
from presidential elections
and create this environment
where huge swaths of America
could just be left behind.
The founders’ solution,
the solution that over
the course of American history
might,
we can say is imperfect but has
been remarkably successful
and the model of the whole world
is precisely this balancing
very carefully
by using checks and balances
and institutional systems
and structures
like the Electoral College
to have majority rule
and the rights
of the individuals secured.
And that thing is what
gives rise to this idea
we call liberty which is
so unusual in world history
in anywhere else in the world.
And we have it precisely
because of those institutions
which you oftentimes
take for granted.
We can’t do that
because if you lose that balance
it becomes very difficult
if not impossible to recover it.
The founders knew that which is
why they spent
so much time on this question
and why they saw
what they were doing
as the equivalent of founding.
They were trying to solve
a deeply human eternal problem
of how we govern ourselves and
they created a beautiful system,
which should be preserved.
dream implemented by imperfect men.
But the foresight
of the founding fathers
was to understand
their innate imperfection
and to create a system
that was empowered
with the mechanics for change.
I have a dream
that one day on the
red hills of Georgia
sons of former slaves and the
sons of former slave owners,
will they be able to sit down
together at the table of brotherhood.
I have a dream.
The Electoral College
is one of the things
that it gives the framework for you
to have the power
to stand up for your rights
and your liberties.
You’ve had it for so long people
don’t know what it truly means.
The actual structure that we have
that has allowed us to get here
is not the thing that
we should want to take down.
A lots happened
over the years.
And while this nation
has been tested by war
and it’s been tested
by recession
and all matter of challenges
I stand before you again tonight
after almost two terms
as your president to tell you
I am more optimistic
about the future of America
than eve before.
America was designed to
protect individual rights
and getting rid
of the Electoral College
is the simplest way to make sure
that we fall short of our potential.
People have gotten stuck on the word
democracy but we are a democratic republic
designed to cool
the passions of society.
That is what the constitution was
designed to do and by extension,
that is what the Electoral College
is designed to safeguard.
That’s also why this experiment we call
America has been so effective for so long.
I remember when I first studied
American politics
and constitutionalism the idea
of Electoral College
is always kind of an outlier
if for no other reason
it’s not a college.
I mean you don’t actually
go there to study.
It doesn’t actually exist
in the same way.
Well what is this thing?
It’s an odd bird in the sense
of it’s not an obvious thing.
Having said that it’s
a quite brilliant creation
on the part of the founders.
After the American Revolution
and before the constitution
you have this period of time
where we had a different constitution
called the Articles of Confederation
and this was a really,
really simple government.
It’s basically just a congress
with nothing else.
And that meant that the states
really just did their own thing.
The revolution was fought on behalf of
self-government in colonial capitals.
So if you were from Connecticut
you were fighting the revolution
in order to be taxed not from
Westminster but from Hartford.
And why was Hartford preferable?
Well because that’s the people
that you were electing.
And does that mean
that you wanted a government
that had input from people
who lived in Georgia?
No. It did not mean that.
In fact you probably had no conception
of people who lived in Georgia.
You almost certainly
had no contact with people
from outside your own region,
probably your own state.
You likely never met anybody
who had been there.
You’d never talked
to anyone from there.
You didn’t even know
what they sounded like.
We often think that
the United States
started as a powerful nation.
It didn’t.
It started as 13 feeble states barely
knit together by a continental agreement.
And all around these states
was the British Empire.
And then to the west across the
Mississippi River the Spanish Empire.
The European states
had not gone away.
They were fully as threatening
and present
as they had been
at any other time.
And here were these 13 states
making themselves weaker
and weaker day by day
with the way
they argued with each other.
And then people realized
there’s essentially no way
that those states can vindicate
the rights of people
who live there
unless their leagued together.
So this doesn’t mean
that you think
that if you’re in New Jersey
that you want New Yorkers
to be involved in anything to do
with the government you have.
But you need to league with them
in fighting this war.
But that poses a problem
because a lot of the rhetoric
of the revolution
is about home rule and not
having excessive government,
not having government
that’s not accountable to you
and your neighbors.
Why would you be fighting
a revolution
against distant
unaccountable authority
and then trying to create a new
distant unaccountable authority.
The founders saw that the
democracy that was going on
within the states
was not doing a good job
in some cases
of protecting individual rights.
So when they got together
to create the constitution
this was one of the things
they knew they had to do
although at the beginning
they didn’t know quite
how they were going to do it.
But they knew they had
to create a government
that the power
comes from the people
but also a government they
couldn’t oppress the people.
And that was what set them
down this road
of writing
the American constitution.
In order to create a government
that would work, the founders
of the constitutional
convention realized
that you had to create
a federal government
that was going to be able
to exercise
in an effective way,
three basic functions of government.
One is legislating.
One is putting
that legislation into effect.
And the other is judging the laws that
are passed by the legislative branch
and carried out by the executive
branch and that’s the judiciary.
The concerns of the founders were premised
upon a certain view of human nature.
They thought that people were
ultimately corrupt or corruptible
and therefore the incentives
that operated
within a given system
would shape their behavior.
And so we have this
Rube Goldberg device essentially
that is set up to make it difficult
for laws to be enacted willy nilly.
The founders knew based on
human history
that the same government that
has the power to imprison you
or even take your life
or take someone else’s life
should not be able
to make decisions quickly.
Because through history
often minorities
were disadvantaged
at the hands of government.
At the time the founding fathers
were drafting the constitution
they had one principle thought in mind.
And that is
preserving the liberties
of the American people.
They were living at a time
when there was a lot of tyranny
and to their observation
it came from the fact
that the same person or group
could both make a law
and enforce the law.
So the ability to make and enforce
the law allows for self-dealing.
There’s a concern
with one’s own interests.
This goes back to human nature
as the founder’s understood it.
If people have the opportunity
to exercise power in their favor
it will be a temptation
to do so,
one that may be
too difficult to resist.
So you create an institution
that will prevent this
or at least reduce
the ability to self deal.
So in order to make sure
in the new constitution
that no person or group
could do both of those things,
make the law
and enforce the law,
they decided to place
the lawmaking in one category
and the enforcement of the law
in another category.
Separation of powers had
not been the norm in history.
So it was a doctrine that
was made popular by Montesquieu
and others about the time
of the revolution, a bit before.
And it was the recognition that
if you wanted to control power
you couldn’t let one person
sit in every capacity
and as they always say absolute
power corrupts absolutely.
So we divide the power up.
But there is a misperception
out there
that the founders were elitists
who didn’t trust the people
and the reality is
they didn’t trust anybody.
They knew that left to his own
devices the president
sometimes will abuse his power.
Left to their own devices
the congress sometimes
will abuse its power.
Same with the judiciary.
The national government
versus the state government,
the elected officials versus the
people who are voting for them,
everybody is subject
to this problem of human nature.
And the founders set up a system
of absolutely nobody is trusted.
Everybody is given a little bit
of power
to check the others
to create accountability.
And the founders hoped
that in this way
they would protect liberty
from the imperfections
of human nature.
Liberty when you examine what
the founders thought about it
meant fundamentally that
the citizens of a republic
could conduct their business,
go their way
and live their lives
for the most part unmolested
by the power
and the intervention
of the federal government.
So what do you do?
You take liberty and you
protect it from its chief enemy.
Because the chief threat
to liberty is power.
Well, what do you do then?
You take power and you divide it.
You make the different parts
and aspects of political power
in effect quarrel
with each other
and expend their energy
balancing each other.
Because when they do that
then they’re not going to be a threat
to the liberties of the people.
So this was the central problem
of the constitutional convention.
How do we empower government and
yet curb its excesses of power?
What was finally arrived
at after long months of debate
was the idea
of the single president
who would have all
the responsibility
of the executive authority
in his hands
but would also be limited
in certain important ways
by powers that were distributed
to the legislative branch
and to the judicial branch.
Yesterday, December 7, 1941
a date which will live
in infamy
United States of America
was suddenly
and deliberately attacked
by naval and air
forces of the empire of Japan.
What does the president do?
The president is there
to act now.
He doesn’t make the law.
In the congress a slow process
is very good.
With an executive a slow process
can often be very bad.
In a crisis
you may not have time.
We need executives
who can execute
and execute effectively
and quickly.
The president is not supposed
to have very much power
over how government works.
The president's supposed
to make government work.
The president is supposed to be
in charge
The president is supposed to be
in charge
of actually getting things done
but not deciding what gets done
of actually getting things done
but not deciding what gets done
or what policies are going
to be carried out.
That’s supposed to be congress.
As congress has done less
and less the executive
has had to do more and more.
And it’s shifted our political
attention to the White House
and it’s why we have these big
fights over presidential elections.
One of the big problems of
the constitutional convention
was deciding how will
we select an executive.
And they talked about
all kinds of things.
Should it be
a multi person executive?
You serve three people
like a triumvirate
or something like that?
Should it be one person?
And how is that person
going to be chosen?
Some folks thought that it
should be the people should vote
and the executive should be
relying on the popular vote.
But representatives primarily from
smaller states were concerned.
They said well, the bigger
states have more population
and they’ll just
rule everything.
They went back and forth
small states
versus large the whole summer.
And finally at the end of the
summer behind closed doors
in a subcommittee
that had been dispatched
to wrap up some remaining items
that’s where the idea
for the Electoral College
was generated.
And all that we really know
about it
is that one of the delegates
later wrote Mr. Madison
took out the pen and paper
and he sketched out an idea.
And that’s what we know.
They came back
and they presented
this Electoral College idea
to the full convention.
And they tweaked a few things
but they largely accepted
the idea
that Madison and the other
subcommittee meetings had presented.
And that’s how we got
our Electoral College.
To create a separate
independent executive
who was independent
of the congress,
had his own or her own authority
under the constitution,
it was necessary to develop
a system of election.
What would be the best way
to do that?
They thought prominent people
would be elected
by the population in general
and those prominent people
would then elect the president.
The prominent people
became known as electors.
A presidential elector
is actually a real person.
They’re elected
at the state level.
The electors never meet
all together nationally.
They just meet
in their own states.
And in December all they do
is vote for president
and vice president.
Then they go home,
never to be heard from again.
And in January we legally know
who really is elected president
and vice president
and a few weeks later
they’re sworn in.
The states began to realize
that if the state
allocated all its electors
to one person the state
would have much more to say
about who became president.
And so almost all the states
then began to require
the person who gets the majority
of the popular vote in the state
would be chosen
by the electors casting
all of the votes of that state.
The whole Electoral College
process is a democratic process.
It’s one person, one vote.
Right?
All the democratic principles
apply just at the state level.
So in a presidential election
year the state republicans,
the state democrats,
maybe the state libertarians,
maybe the state green party,
they will have a convention
and they will nominate people to
be their presidential electors.
If their party wins that
state’s presidential election
then their nominees
for presidential elector
become that state’s
presidential electors
and get to cast those electoral
votes for their party’s nominee.
Mr. President the certificate
of the electoral vote
of the state of California
seems to be regular in form
and authentic.
And it appears therefrom
that Hilary Clinton
of the state of New York
received 55 votes for president
and Tim Cain
of the Commonwealth of Virginia
received 55 votes
for vice president.
We don’t expect our electors
to use their own discretion.
In fact we call
those faithless electors
and they’re pretty rare.
So we do expect our electors –
and they pledge indeed to vote
for the person
who won overall in the state.
So the idea that your vote
doesn’t count
in the Electoral College
is strange.
Your vote does count.
It contributes
to whoever wins your state.
But really you wouldn’t
want it any other way.
If you’re a California voter,
you want the candidate
who is most popular in California
to get the maximum advantage.
Similarly if you live
in Wyoming,
similarly if you live
in North Dakota.
So we have democracy today
but we have 51 democratic
elections, not just one.
And so they decentralized
those votes to recognize
that states are different.
You can think of the World
Series the same way.
It’s not who gets the most runs
in seven games.
It’s who wins the most games.
And the Electoral College
it’s who wins in effect
the most states,
not just who gets the most votes
in total across the nation.
And those are
very different systems.
But no one says the World Series
is undemocratic
because my team got 24 runs
in the series
and your team got 12
but they won more games.
It's just each game becomes
its individualized contest.
The Electoral College idea
reflected the compromises
that had already been made
in the composition
of the legislature.
So of course in our congress
we have a senate
with one state
one vote representation
which makes
the small states happy.
That is what they were used to
before we had a constitution at all.
It also has a house with one
person one vote representation
which of course satisfied
the big states
because their larger populations
would be reflected.
The Electoral College reflects
the same compromise
and the reason it reflects
that compromise is
because you have
the same number of electors
as you have members of congress.
So there is an element
of one state one vote
in the Electoral College
but there’s also an element
of one person one vote.
California still has many
more electors than a state
like Wyoming or Rhode Island.
This system solved a lot of
their philosophical problems
of a democracy
within a republic.
It also played the role of kind
of breaking up regional factions
which is something they were
extremely concerned about
especially at the time of the founding.
And it made the presidency
representative
of all of the popular aspects
within the federal government.
Such that the presidency today
is the one office,
in this case the office
is an individual
that actually represents
all of the American people
as opposed to a particular state
or a congressional district.
So after all this
it’s quite ironic
that the Electoral College
is being attacked as
being anti-democratic
when indeed the creation
of Electoral College
made executive leadership
possible within
a democratic republic.
And without that I think
the system
really wouldn’t have worked
and actually many
of the regional divides
we all know about
in American history
would have probably
broken down a long time ago.
We have to understand that
the Electoral College
fundamentally
is about federalism
which means it’s about the basics
of our constitutional system
because the constitution
creates a federal union.
Federalism fundamentally
means that states
which have their own sovereignty
as states agree
to act for common purposes
in creating an overarching
umbrella federal government
that will help them do
as a collective
what is difficult or impossible
for them to do as individuals.
For instance states
are perfectly competent
to design their own
educational systems,
build their bridges and
designate their state capitals.
They are much,
much less competent
to conduct foreign policy,
create armies and build navies.
Far better for
a federal government
to be responsible for.
That is exactly the balance
that the federal constitution
creates.
State governments are
independent sovereigns.
The federal government
cannot tell them what to do.
That’s an important way
of keeping a check
on the power the federal or in
this case central government.
The federal system
we have I think
runs exactly the way the funders
designed and envisioned it to.
It’s often been said
that the states laboratories
of democracy again
is very much the case.
Wyoming in 1892 they let women
vote long
before anyone else
wanted women to vote.
Other states soon followed
and this has happened
in other ways as well.
Whether it’s abolishing slavery
or enacting certain
civil rights measures.
And if the federal government
were left to be in charge
we would basically be waiting
for 50 sets of representatives
and senators
to all simultaneously come
to the same
revolutionary way of thinking
and to enact
some of these measures.
Whereas when you can rely on
a smaller subset one state
or one region
or a group of states
to have these new ideas
it’s easier
to get the ball rolling.
Our states preexist
the constitution.
They were colonies and then
they were sovereign states
and they remain
sovereign states.
And the Electoral College
is what pulls them together
in order to elect
a chief executive
that is over all of them
protecting
and making sure that the smaller
members of the federation,
of the federal union are not
simply overwhelmed and ignored
by the popular vote nationwide.
It’s that federalism which
the Electoral College
is the premier example of
in our constitutional system.
If we begin to tamper with
the Electoral College what we’re
really starting to do is
to dismantle the federal system.
And when that happens
then we’re kissing goodbye
to all the possibilities
that federalism has represented.
Greater democracy,
greater participation
and greater liberty.
One other historical benefit
we can see of federalism
lies in the fact that eventually
after
the constitutional convention
one by one northern states
take action
in their own legislatures
to abolish slavery.
If there hadn’t been federalism,
if the states hadn’t had
the option and the authority
to make that kind of decision
for themselves
you would never have had
the development of a free north.
And a free north
which in time to come
would be able to stand up
against the aggressions
of what became known
as the slave power.
We would not have had
the leverage necessary
towards the final abolition
of slavery
without those individual
federalized distinctions
and decisions made
by individual state legislators.
We also as we sort of grow up
in this country
and we vote in all sorts
of lesser elections
the principle of majority rule
seems to prevail in virtually
every other election.
I don’t understand why
at this point in time
we continue to adhere
to a system that
again undermines in my view
the principle
of political equality
and simply doesn’t follow
the straightforward logic
of majority rule.
The trouble with the word
democracy is it means
lots of different things
to lots of different people.
When the founders
talked about democracy
they thought of a bunch of people
getting together and voting on stuff.
When people talk about it today
they often use it
for what the founders would have
talked about as a republic.
So when the founders were
creating our country
they had several examples
to look back to in the past,
places where the public ruled.
And those places were primarily
in antiquated Greece.
And there the public
ruled directly
by making
decisions collectively.
And of course
that was impossible
in an extended republic
like ours
to bring all of the American
citizens together
even at that early stage.
So they understood
that we needed
a republican form of government.
And what they meant by that was
a representative form
of governing
where the will of the people
is translated
through elected officers.
They wanted the public
will to be refined
and enlarged through
our representatives.
But they not only thought
a democracy would be impossible
in this extended republic
but also wise.
I mean ultimately you have to
decide do you value democracy
or do you value
individual rights?
And so it’s always majority
rule, minority right.
If everything is simply
51 percent
then that gives me an interest
to just get my 51 percent,
make it as less diverse
as possible
so that I can actually govern
and ignore you 49 percent
of everybody else.
The notion that the country
is ruled by the majority
is a fiction.
The biggest problem that
the framers had to deal with
was the difficulty that
basically we don’t all get along
in the sense that
we have different interests.
Once people have liberty
they will tend to fragment
and that’s the problem.
The question is
what do you do about it?
And there are two ways
to deal with it.
One, you try to get rid of them
which they do
in tyrannical countries,
despotic countries.
Or you adopt the solution
that our framers adopted
and that was you
divide and conquer.
What you make sure
if that you have many factions,
not just a majority faction
and a minority faction.
When you say 50 percent plus 1
you’re referring
to one big faction
versus everybody else.
But in this country
we have many, many factions.
We try to multiply the factions.
And the more we get
the less powerful any one is.
These are all very carefully
crafted checks and balances
that establish the idea
that the majority generally
should get its way
in a number of areas
but we are going to have
mechanisms that from time
to time are going
to frustrate the majority.
And we see that in Supreme Court
rulings from time to time.
We see that when the senate
is able to block legislation.
Occasionally we see it in
the election of the president.
The majority generally gets
its way in our federal republic
but not always.
The constitution does not
establish a democracy.
The constitution is about
establishing self-government
in a way that protects
individual rights
which oftentimes is directly
at odds with democracy.
If what the majority of the people
want in some particular moment
is to interfere
with the rights of a minority.
Well, the constitution was
set up to have varying degrees
of the democratic process show
up in different places
most obviously
the election of the house.
But also you see this
in the delegation of power
to state legislatures
all through the constitution
where the state legislatures
can decide
how to elect the electors,
how to run an election,
how to manage their own affairs.
So the founders
have a lot of democracy
if you will in the election
of the house.
And they have little bits
of democracy elsewhere
that is also balanced
with minority rights
and that’s what makes
the constitution
such a brilliant document.
Abraham Lincoln had to deal
in 1858
with an opponent in the form
of Stephen A Douglas.
Stephen A Douglas was a firm
believer in democracy.
He was so firm of believer
that he believed
that every citizen
in every territory
in every state
to cast a majority vote
for whether they wanted
to have slavery or not slavery.
He didn’t inquire into
the morality of slavery.
He simply said that
if a majority of the people
in a given territory
or a given state wanted to have
slavery then they could have it
if that majority voted
in favor of it,
no further questions asked.
For him democracy
was an end in itself.
That’s all you needed to ask.
What did the majority want?
In modern democracies
we sometimes talk
a little carelessly in the tones
of Stephen A Douglas
that what matters is
whether a 51 percent majority
has endorsed something.
And that is true up to a point
but there is a circle
that is drawn
around a set of rights,
rights that Jefferson
talks about,
rights that are articulated
in the first ten amendments
to the constitution,
the bill of rights.
So we recognize that even
in a democratic system
there are certain
non-negotiables
that majorities cannot pass on.
But we’ve been told that well,
as long as it’s democratic
its’ fine.
That’s a terrible idea.
The most undemocratic part
of the constitution
is the bill of rights.
The bill of rights
is flatly antidemocracy
because the bill of rights says
we don’t care
how big your majority is.
You can’t establish
a national church.
We don’t care how big
your majority is.
You can’t outlaw the press.
We don’t care how big
your majority is.
You can’t turn to
a private group
that wants to influence politics
and say we’re going to
outlaw you meeting together.
And these things
will always be in conflict.
Every American has to decide do
we value democracy more
or do we value
individual rights more.
Historically the answer
in our constitution
is we value individual
rights more than democracy.
Democracy is a great process
but it’s a process.
It’s not a purpose.
Talk is again turning
to the final deciders,
the members
of the Electoral College.
After Hilary Clinton
won the popular vote
but lost the Electoral College
vote to Donald Trump
there were new calls to abolish
the constitutionally
mandated system.
Before the founding most people
believed that democracies
could only be executed
at a very small scale
as to say a city state.
But our founders
had a different notion.
They thought not only could
you have a republic,
a representative form of
government in this large nation
but in fact that republic
would be better.
And the reason
it would be better was
because if you enlarge
the scope of the people
within a government
those people have to form
coalitions in order to govern.
And there’s rarely going to be
an instance
where 50 percent
or 51 percent of the public
feel the same way
across every issue.
That is to say
they have the same religion,
the same vocation,
the same fashion.
You’re rarely to have a group
that’s that monolithic
across the entirety
of this extended republic.
So what do you have to do?
Well, you have
to make coalitions with people
about which you agree
on a certain issue
but not perhaps on all issues.
And in that way
everyone governs a bit.
Everyone has a chance
to be heard on issues
that are most important,
most salient to them.
Thank you.
Well, it’s no secret.
I’m here today to announce
that I’m running for president
of the United States.
One of the things that probably
they didn’t even
fully anticipate
was that the Electoral College
would force you as
a presidential candidate
to have to put together
a national coalition.
You couldn’t do it winning one
popular state
or a sectional candidate
or a special interest candidate.
You had to bring together
diverse groups.
You may be unified
by a certain principle.
But on other issues you may
not be so much together on
and culturally you
may not like each other.
But it was a system that allowed
for political competition
but doing so in a way in which
you try to bring people together
rather than trying to find ways
of dividing
and inflaming passions.
So what the Electoral College
does,
it forces everyone to make sure
that they make the rounds,
not just in
the middle of America,
not just to the financiers
of the world in New York.
Not just tinsel town
in California.
To make sure that they make
the rounds
going to all of the states,
all of America
to bring the unified message.
The presidential vote
is not one big thing.
It’s broken into pieces.
And how you put those pieces
together like a puzzle
is how the president
creates a governing consensus.
The democrats are
a going concern
in the most republican states,
in Oklahoma, in Wyoming.
The republicans
have campaign offices
in political organization
in California, in Vermont.
This is part of the Electoral
College driving the parties
to constantly be probing
can we pull this state
or that state
into our coalition.
We hear this talk every four
years about expanding the map.
That’s Electoral College lingo.
Right?
Expanding the map
means reaching out,
winning people over,
building a bigger coalition.
Expanding the map
is an inherently good thing
that comes directly
from the Electoral College.
Without the Electoral College
the presidency
would be decided
in Boston, New York, Chicago,
Seattle, San Francisco
and Los Angeles.
That’s where the game would be
without the Electoral College.
Instead of that you have
candidates for president
going all over the country and
not just going to urban cores.
Politics are local
so the Electoral College
brings a national campaign
to the local community.
Candidates have to be careful
about how they allocate
their time and resources
because it is unproductive
to spend too much time
in one part of the country
or in one big city.
So over and over again
throughout history
presidential candidates
who have tried to overly focus
on one type of voter
have failed.
The Electoral College
does not reward that.
On the flip side if we had
a national popular vote system
we would suddenly find that that
strategy became very productive
because it’s easier to go spend
a bunch of time racking up votes
among voters that
already want to vote for you.
You can imagine a democrat
running out to Los Angeles
or San Francisco
and promising the environmental
lobby anything they want.
Because if you can get
100 percent of California voters
behind you that’s way better
than getting
50.01 percent
of voters behind you.
Likewise you can see republicans
running out
to Houston and Dallas
and promising the oil
interest anything they want.
You’re now just chasing
a few ideas and policies
in the most populated areas.
Obviously in a system
without the Electoral College,
you’re now going to start
promising positions of power
in the bureaucracy in D.C.
to whatever locations
get that president
the national popular
vote majority that he needs.
So can you imagine having
a system where the EPA director
is always going to go
to Los Angeles County
because Los Angeles County
is always going to deliver
10 million votes.
Whoever wins that national
popular vote
is going to be incentivized
to distribute the winnings
if you will
and the strings of power
to those few localities that
have resulted in them winning.
Help make history and volunteer
because this race is going
to be won on the ground
and it’s going to be won
in Colorado and in lowa
and in North Carolina
and Virginia and Florida
and Pennsylvania
and then we’re going
to the White House.
Howard Dean took over the DNC
and his big push
was a 50 state model
where he was going
to focus on party
building in each of
the 50 states.
Now granted democrats
didn’t start competing closely
in Texas or Georgia right away
but they are now.
And I think that’s attributable
to Howard Dean
really recognizing in a way
that other people
didn’t that
a 50 state model works.
And that a party that competes
across all of the 50 states
and puts more states
in play wins more.
My name is Stacy Abrams and I
intend to be
the next governor of Georgia.
You look at Georgia and Texas
and how close those races
are becoming.
I think you can trace
that back to the party
building that was done
at that time.
And I think the republicans
should play catch up now
and focus on building up the
party apparatus in blue states.
Honestly Trump
was the first candidate
that took the upper
Midwest seriously.
It’s because he had better data.
The better data becomes
the more clear it will be
that more states
are in play
because you have a sense that
"oh these people are not as won over
by the party that’s been winning
that state as you might suspect."
So I think more states
are going to come out like that
and I think 2016
was evidence of that.
Without the Electoral College
the democratic party
would be really tempted
to ignore a lot of Americans.
That would be terrible
for democrats
who live in places
frankly like Vermont. Right?
I mean I think this is why
Howard Dean
talked about a 50 state strategy
because Howard Dean did not want
his democrats to be left behind
by the New York democrats,
the LA democrats,
the Chicago democrats.
The Electoral College in a way
is more important
to the democratic party
than to anybody else
because it forces them
not to become so insular,
so urban centric that they
ignore the rest of the country.
We’re still an extraordinarily
diverse country
so it’s important for our system
of selecting the president
to represent that diversity
and in fact to enforce
candidates for office
to experience
that diversity firsthand.
That’s exactly what our
Electoral College does by
in a way forcing presidents
to go out to every
and each region of the country
to fight out the election
in these swing states
which we’re been fortunate
in every election
to have many of them
spread across the country.
It’s good for America
if the democrats
have a 50 state strategy
and it’s good for America
if the republicans
have a 50 state strategy.
If we start ignoring people
and writing off huge swaths
of the country
we are destroying our country.
America
is not a one size fits all.
Right? We have different values,
different thoughts, different beliefs.
That’s why we have a system
of government
where one political party
can win in one year
and four years later it could be
a different political party.
You can’t win the presidency
without urban voters.
You can’t win the presidency
without rural voters.
You can’t win the presidency without
minorities of every stripe.
You can’t win the Electoral
College without that.
If you throw that off and you
just had one national vote,
all you need to do is win one
more vote than the next person.
One of the keys to the
Electoral College’s success
is we get competitive elections.
So Barak Obama can win
the Electoral College
and Donald Trump can win
the Electoral College
and George Bush could win
the Electoral College
and Bill Clinton
could win the Electoral College.
That’s something
pretty cool about that.
Right now 8:00 PM
on the east coast
Connecticut seven electoral
votes for president.
Delaware the president
will take three electoral votes.
The District of Columbia,
Washington D.C.
and it’s three electoral votes,
his home state of Illinois
a big prize, 20 electoral votes.
The president
also will take Maryland
and it’s ten electoral votes,
in Massachusetts
the home state of Mitt Romney,
all 11 electoral votes.
In Maine three of
the four electoral votes.
Rhode Island
all four electoral votes.
So you have to be more
than a narrow candidate.
That’s fine in a congressional
election or a state election.
But nationally
in a country like this
which is a continental nation
the Electoral College
ensures as much as possible
that you put together
a national coalition.
Another way that
the Electoral College
works in the direction
of conferring legitimacy
is the way that it sustains
the two party system.
We’ve had a two party system
since the 1790s.
People in the
constitutional convention
hadn’t envisioned a party system
but the party system
did come into existence.
One major reason
that it comes into existence
is the Electoral College.
Now sometimes we have had
third party candidates.
There have been occasions
which we have even
had a fourth party candidate,
maybe even a fifth.
They tend to be very narrow
single issue kind of events
and they’re often
quite ephemeral
because they’re built
around personalities.
The assumption I think is once
you eliminate
the Electoral College
that we will continue
to have two parties
and so that will mean
that everyone who is a nominee
of one of the major parties
will come very close
to getting a majority
if not a majority at least
very close to a majority
but that’s not true.
Because once you eliminate
the usefulness
of the Electoral College
you go to a system where it’s
just the popular vote,
you could have 12, 15,
20 parties.
To get the majority
in the Electoral College
you need to concentrate
people’s votes
behind a limited number
of candidates.
You can’t really elect
a candidate president
who only brings in about
15 or 20 percent
of the popular vote
in the states.
If you have a direct popular
vote
in which the person who just
gets the most votes wins
and doesn’t have to have
a majority,
just more than anybody else,
this will encourage candidates
to stay in the race
as long as they think
there’s any chance
they can be the one
with the most votes.
If you’re in a multi candidate,
a direct popular vote
and you’re running third
with say 24 percent
and the person in second has 28
and the person in first
has 30 maybe you can catch him.
Everybody stays in the race
and you end up actually not
getting a clear, popular winner.
Because once you eliminate
the usefulness
of the Electoral College
what happens
is that everyone
will get into the game.
We will have a lot of people
running
for the pro-immigration party
and the anti-immigration party
and the prochoice
and the prolife parties.
In fact it would be
entirely possible
that no one would even come
close when the outcome comes.
And let’s assume
that in the end the person
who is the prolife party
gets 23 percent of the vote
and that happens to be
the highest percentage
of anyone running.
Well, then the voters
in New York and California
and Illinois and Wisconsin
who voted for someone else
entirely would find that they’ve
elected a president
who is prolife.
We would elect a president
on the basis of someone
who comes in
with 25 percent of the vote
over the candidates who came in
with 24 percent and 23 percent.
Don’t you think the people
that got the 24
and the 23 would make
a great deal of grief
about a margin that narrow?
Don’t you think that would cut
into the legitimacy
of the candidate
with 25 percent?
Of course it would.
It would destabilize
the entire process of governing.
The two party systems
actually helps
to bind the nation together
because if you have
democrats in Maine
and democrats in Minnesota
and democrats in Oregon
they’re still all democrats and
they communicate with each other
and they support a common
set of candidates.
Republicans in Florida,
republicans in Oklahoma,
republicans in Michigan may all
be in those different states
but they’re all lined up
behind a common platform
and common candidates.
And what this does, it tamps
down divisions within a nation
and makes us realize that
although we may be from Michigan
or Oklahoma
or Oregon fundamentally
when we act politically
we’re acting as Americans.
And that’s an important glue
for our national unity.
With the Electoral
College system
if you want to get elected,
you want to attract a broad
spectrum of the American people.
So that keeps people
who have very extreme views
out of the presidential race.
If you can win
the presidential race
with just 25 percent of the vote
then the kind of
extremist candidates
that we don’t want to have
running the country
might be able to win
the presidential election.
Without the Electoral College
there’s no longer
any motivation to compromise.
The attitude becomes my 18
percent beat your 17 percent
so I really don’t care
what you think.
And what you see in those
situations is extremists
tend to be rewarded because they
no longer have to tone down.
They no longer
have to work with others.
And so extreme positions
can have a lot more influence
on the process.
We have a bifurcated system.
There is a left
and a right in the country.
But within the left
and within the right
we also have a variety
of different positions.
This big tent approach
to American politics
is extremely important
because it’s not just diversity.
It’s also a concern
with avoiding extreme politics.
And so some scholars
have called it
the dangerous factions
that could develop
if appeals to extremism
were allowed to be made
in terms of making a successful
run for the presidency.
And so one of the virtues
is not only the reduction
in the number of candidates.
But what that does is it forces
the candidates
to make broad brush appeals
to satisfy a variety
of sometimes conflicting
interests in constituencies.
Even when you have one party
which scores a complete sweep
in an election,
wins the White House,
wins the senate,
wins the house
of representatives,
what you have afterwards
is not a single monochrome
point of view.
What you have is the victory
of a national coalition.
What you have to have is a party
then which starts talking within
itself and saying all right.
If we’re going to govern at all
we’ve got to arrive
at some averages here.
The two party system mandates
that they start
shaving off the extremes
and come down to the averages.
They come down to the averages
because they’re
a two party system
and they’re a two party system
in very large measure
because the Electoral College
pushes us,
nudges us in that direction
and a main stream appears.
And what you get then
is a stable democracy.
Here’s what people seem not
to understand.
The world that will exist in a
post Electoral College America
are five billionaires
and a bunch
of multi-millionaires running
for president
trying to be as extreme
as necessary
without alienating enough people
so that they can get a small
sliver of the tranche of voters
necessary to get elected
president of the United States.
That’s where one candidate
who can significantly outspend
the other candidates
could really make a difference
in being able to win an election
particularly because these days
a very large percentage
of the American people
living in a very small number
of media markets.
And that is where having
a lot of money,
being able to buy media
in the big,
dense urban cities
could really make the difference
in changing the results
of a presidential election.
I don’t think that big money
ought to be able
to buy our elections.
And that’s’ true whether we’re
talking about billionaires
or corporate executive
that fund pacts
or big lobbyists.
Tonight we say
to Michael Bloomberg
and other billionaires sorry,
you ain’t going to buy
this election.
And what the Electoral College
does is the last fortress
if you will to hold
back individuals
that think that they can come in
and buy our republic,
buy our vote.
So the billionaires of the world
certainly have the resources
individually to run
that can make it
much easier for a candidate
to cerate the staff
and the advertising revenue
that would allow them
to have greater success
on the national popular
vote scale
than they go on the
national scale we have now
where you have to appeal to
different state constituencies.
Michael Bloomberg says
he is ready to run.
But he plans to skip the first
four 2020 democratic contests.
That’s a risky strategy.
If you really analyzed somebody
like Mike Bloomberg
who is a billionaires,
$55 billions,
he can spend $5 billion
and not blink.
But he can’t buy the election
because he has to be able
to win the primary
because that’s the only way he’s
going to have a viable chance.
And the reason that’s
the only way
he’s going to have
a viable chance
is because…wait for it,
the Electoral College. Right?
So when you have a scenario
where you have removed
the Electoral College
now he no longer has to even
engage in the primary process.
He can simply go directly
to the general election
and talk about how do I get
the most amount of votes
that get me to the place
where I need to be.
It’s not about a majority.
It’s about finding a way
to game the system
in a way that allows his voice
and his money
to speak the loudest.
He spent over $500 million.
That was just on TV
and radio ads alone.
You add in the digital adds.
You add in the staff,
the offices,
the million dollar couches.
The total is likely well over
$600 million making it far
and away the most expensive self-financed
campaign ever in US politics.
He spent more than twice
the combined totals of Trump,
Sanders, Buttigieg,
Warren and Biden.
His spending worked out
to $7 million a day
since he announced
that run in November
or just under
$300,000.00 per hour.
If your concern is money
in politics
then getting rid
of the Electoral College
doesn’t diminish the impact
of money in politics.
It amplifies it in ways you
cannot even begin to comprehend.
The certified result in
the presidential race in Florida
is as follows.
Governor George
W Bush 2,912,790.
Vice President Al
Gore 2,912,253.
Accordingly on behalf
of the state elections
canvasing commission
and in accordance with the laws
of the state of Florida
I hereby declare
Governor George W Bush
the winner of Florida’s
25 electoral votes
for the president
of the United States.
I think we all remember seeing
those pictures
of the vote recount,
of the hanging, dimpled,
pimpled,
pregnant swinging ______
and seeing all the different
cases in the counties.
But the interesting thing
is as bad as that was,
as much as the entire nation
was holding its breath
and waiting to see
what happened,
as many law suits as there were,
that was really just about
one important state.
If we had had a national popular
vote system in place
rather than having a chaotic
contentious recount in Florida
we would have had
a contentious chaotic recount
in every state in the country.
So once you have more potential
for recounts
you also have the potential
for greater fraud.
And so efforts on the national
popular vote to encourage fraud
would certainly be incentivized
because it would
potentially be more difficult
to reveal the fraud
on the national scale.
And the easiest place for fraud
to be committed
is in jurisdictions
are controlled by one party
because the other party isn’t
there to have poll watchers,
to have poll workers,
to basically have a system
where the two parties
are keeping
an eagle eye on each other.
And unfortunately with
a national popular vote system
it would be an incentive
to commit fraud
and try to change
the outcome of elections.
You would need tens of thousands
of agents at each polling place.
You could say well,
I live in Philadelphia.
And you could go
to Wilmington, Delaware
and say I live
in Wilmington, Delaware.
You couldn’t have polls
close at different times.
You’d have to have them uniform
as they do in Canada and Europe
because they don’t want
early voting in one part
or section of the country
influencing another part
of the section.
The 50 states have
very different rules.
Half of them require a drivers
license to vote, half don’t.
Some have mail in ballots
and some don’t.
Some allow for early voting
and others don’t.
Some go from 6:00 AM
to 6:00 PM.
Others go from 6:00 AM
to 10:00 PM, etcetera.
We would have all kinds
of equal protection problems
because we’d have
different rules.
You would have to figure out
how are we going
to run that election
and I think that means
you would have to have
a single national standard
by which everybody voted.
Now that may sound
fairly attractive.
Why not?
Until again you consider
that this is a very large,
enormous country with great
geographic differences
between different states,
difference demographics
and so on.
What makes sense for one state
doesn’t make sense
for every other.
And then you would have
to have much more control
by the federal government.
Ah.
Control by
the federal government,
eliminating the involvement
of the states.
Now you would have accomplished
exactly what the framers
tried to avoid.
You would put control
in one place
and how are you going
to stop the corruption there,
whichever party it is.
Without the Electoral College
the federal government
would have to take more
control over elections
which means that
presidential appointees
would wind up running
presidential elections. Right?
Barack Obama’s people
would have been in charge
of Barack Obama’s reelection.
Donald Trump’s people
would be in charge
of Donald Trump’s reelection.
Right?
The Electoral College
pushes that power
out of Washington D.C.
down into the states.
States run elections,
states are in charge.
It’s distributed. No one state
controls the outcome.
Instead it’s up to 51
different jurisdictions
to run that election.
There’s a mechanism
for what happens
if it’s too close to call
in a particular state,
not if it’s too close
to call across the country.
This would create
quite simply chaos.
And it would throw
any election like that
and I think that it would be
far more common
that you would have these sorts
of elections to the courts.
The stakes are enormously high.
And so we would have litigation
after such disputed elections
which could go on
for months or even years.
Meanwhile the country
would not have a president.
The president is essentially
the foreign policy
representative of the nation.
And so if you have
an ongoing problem
and other countries
rely upon our decisions
in terms of making
their own decisions,
so delays on who will
be making policy,
the uncertainty of it would be
potentially disastrous in terms
of how other nations respond to
America’s presence in the world.
It would have ripple effects
throughout the globe.
This would be catastrophic
if we go months,
potentially years
with court battles.
Who imagines today
with the divisions
that we have
in the United States
that either side is going
to capitulate and just say ok.
You win.
We’ll lay down our swords.
We’ll stop fighting?
Imagine what happens
in the stock market.
Imagine what happens
in the economy.
What kind of a situation
are we asking for?
Well, direct popular election.
While it sounds great,
while it sounds very democratic
also carries within it
the seeds of many problems
that the founders
rescued us from.
You know sometimes you hear
people say well,
whoever wins the popular vote
should win.
And if there’s more people
in the cities
if they win the popular vote
then that’s just the way it is
and who cares about the farmers.
There is no other segment
of society
that we would just look at them
and say your needs
are unimportant.
We can outvote you.
We don’t strive
for simple bare majorities
and then just tell
everybody else tough.
It doesn’t matter.
What we are striving for
and what
the constitution sets up
and what our founders wanted
is justice and fairness
and protection of liberty.
Sometimes we hear
a serious objection
to the Electoral College
lodged on the grounds
that the Electoral College
was designed by
the constitutional convention
to protect slavery.
And the reasoning
runs like this.
The Electoral College
is composed of representatives
from every state based
on your number of members
in the house of representatives
and your number of senators.
Well, isn’t that a revelation?
Because in that case that means
that
for the purpose of
representation southern states
could count their slaves,
slaves who otherwise
were not permitted any voice
on the political process
towards their representatives
and those representatives
would therefore pile up
in the Electoral College
and there would be
an artificial bonus
given to slaveholding states
to cast votes
in favor of proslavery policies.
And thus the Electoral College
is designed to operate
by the constitutional convention
for the interests of slavery
and a great a-ha moment
erupts at that point.
The difficulty is that it is
an a-ha moment
with no air in the balloon.
In 1787 all of the states,
not just the southern states,
excepting alone
Massachusetts legalized slavery.
There was no bonus paid
by the Electoral College
to slave owning states
versus free states.
All the states enjoyed
that bonus.
The largest slave holding state
in the union in 1787
was Virginia.
The largest northern slave
holding state New York.
The three fifths compromise
is not created
for the Electoral College.
It is created for the house
of representatives.
And the founders needs
to figure out
how do you represent
the people and the states.
Well, already built
into the system
is the representation
for the house,
the representation
for the senate.
All they do is say that math
has already been vetted.
It has already been
through the compromise.
The north is agreeing with it.
The south agrees with it.
The west and the east agree
with it.
We agree with that.
That is the great compromise.
We will build that
into the presidency.
When the Electoral College
is finally determined upon
as a mechanism
for electing the president
the question of slavery never
entered into the consideration
because it wouldn’t have had
any application.
There was no
Electoral College advantage
for slaveholding states
because in 1787 they were
all slaveholding states.
25 years later that’s going to
change as northern states one
by one move into
the non-slaveholding column.
But the members of
the constitutional convention
weren’t writing the constitution
with a view towards saying a-ha.
25 years from now we know
that there will be a bonus
for slaveholding states
in the Electoral College.
Well, yes there was
but it was a temporary
one already ebbing away
by the time Abraham Lincoln
is elected.
Proponents of that argument
have decided that
if they tarnish the institution
of the Electoral College
with racism
then that automatically means
it is suspect
and needs to be replaced.
But it’s just ahistorical.
It’s not really accurate and
it’s not really honest frankly.
Charging the Electoral College
as an institution
for slavery
really delegitimizes the plight
of African Americans
for generations.
But it also completely
ignores history.
If you look at the kinds
of people
that were advancing the causes
what did people
like Fredrick Douglas say?
They said that ultimately these
systems actually were helping
bring
about the freedom of slaves,
that there were resulting
in the ability
for slaves to overcome
their oppressors in the south.
Yes, nobody can argue that
some of the founders had slaves.
Some of them didn’t. Slavery was
very common in our world.
It was wrong but it was
the United States of America
that actually created a system
that ultimately
resulted in it being eradicated.
And now guess what?
People that look like me
aren’t considered
three fifths of a human being.
People that look like me
have the ability to vote.
Black people are now fully
vested members of society
in spite of the inequalities
that we still face today.
When we’re talking about do you
have the right to vote
the Electoral College
has no bearing on that.
So for example if you think
about it,
there’s about 130 million people
that voted in the last
presidential election.
Of that 130 million the number
is about 30 –
35 million minorities.
If you move to a system
where you eliminate
the Electoral College literally
the United States of America
could be won at one time
by just white people.
That’s hardly a system
that promotes the diversity
that exists
not just among races,
not just among preferences
about what partners people
want to have but also in careers
and how people want
to make their living.
The Electoral College
forces people to sort of
make the compromise as necessary
to not just appeal
to a couple of big blocks
but to take into account
these smaller blocks of voters.
I mean that’s very similar
to a point
that Vernon Jordan
was making in the late 1970s.
The Electoral College ensures
that racial minorities
have representation by being
sort of the tipping point
in a number of states
and are able to influence
which direction
that state’s electoral votes go.
What purpose would there be
for a candidate to appeal
to the interests
of African American voters
in a national popular vote
African American voters amount
to only seven percent
of those casting votes.
Not really all that significant
so you pay no attention
to African American voters.
In the Electoral College system
you do have to pay attention
to African American voters
because in a number of key swing
states African American voters
are an important component
of the voting public
and you had better have
something important to say,
for African American voters
to hear or you lose their votes.
And you lose their votes
you lose that state.
You lose that swing state,
you lose the Electoral College.
If you’re a candidate
for president it is impossible
to get elected president without
black people voting for you.
Now you can say the republicans
have won elections
but they have found ways to get
black people to vote for them.
Not a lot but enough.
Right?
You cannot get elected president
of the United States
without support
in the Latino community.
You can say well,
republicans haven’t gotten
a lot of Latino support.
But guess what?
They have gotten enough.
And so when you take away
the Electoral College.
When you create a scenario
where people can get elected
president of the United States
without a single vote cast in
their name by a single minority
that is the reality
that we need to be facing.
So if you’re sitting here
saying that it is right
for someone to get elected
who hates minorities
abjectly and concretely well,
then you should be terrified
of an America
that does not have
an Electoral College.
The legacy of black people
in America is well documented.
We’ve had times in America
where we have no rights.
We have even modern day society
when many of the rights
that we should enjoy freely
still seem
as if they come
with strings attached.
So that is a very serious thing
that we should number
one, acknowledge
and, number two, still confront
in our regular lives
when it comes to again
building a more perfect America.
But when you talk about
how do we get
to that more perfect union.
How do we make sure that we
are living Doctor King’s dream
that all people are judged by
the content of their character.
You don’t do it by again
getting rid of the one thing
that has empowered black people
to be able to
leverage political power.
We can have arguments about
are there presidents
who are hostile to the interests
of certain communities.
What we’re not talking about
is a scenario
where somebody who got
18 percent of the vote
ends up becoming president
of the United States.
But we have never had
a president in the modern era
who has campaigned to take away
rights of Americans,
actually rights enshrined
in the constitution.
That is a scenario that we could
end up confronting in a world
where we have gotten rid
of the Electoral College.
In the election of 1860
we had three separate parties,
four if you count
the splinter party.
And the candidate who won
that election
did not win a majority
of the popular vote,
the candidate
of the republican party
in that case actually won
only 39.9 percent
of the popular vote.
Yet that candidate won
a significant majority
in the Electoral College
and so that candidate
was dually elected president
of the United States.
Now you might say yes,
but it wasn’t
a popular election.
Yes, that candidate wasn’t
elected by all the people.
That’s right.
That candidate wasn’t.
But his name
was Abraham Lincoln.
There is no emancipation
proclamation
without the Electoral College
because without
the Electoral College
there is no Abraham Lincoln
as president
of the United States of America.
And while his total percentage
was the lowest
of any elected president
he was actually the most popular
sort of national candidate
to the extent
we had one in that election
in which the country
was very divided.
Lincoln was the candidate
who won in New England.
He won in the mid-Atlantic
states.
He won in the Midwest.
He won in the prairie.
He won in the new states
on the west coast.
He was the most national
candidate of the group
and we were very fortunate
at that point
that the Electoral College
had given us Lincoln
rather than Stephen Douglas or
the candidate of the deep south,
the slaveholders,
John Breckenridge.
The question
for black Americans,
the questions for
minority communities
should be how do
we get more boxes checked.
How do we get to a point
where both parties
are not accountable
and responsive?
Because that is how you
ultimately get to a place
where the solutions
for black and brown people
all across this great land
start to accelerate.
And that should happen
irrespective of who is in power.
The founding ethos of the black
congressional caucus
whether you’re a democrat or not
was that black people
have no permanent friends
and they have no permanent
enemies,
only permanent interests.
And black people of America
have made permanent friends
of the democratic party,
permanent enemies
of the republican party
and our permanent interests
have been cast aside.
And so if you’re really,
truly focused
on empowering black communities
lets not sit here
and talk about eliminating
the Electoral College.
Let’s really focus on how do we
as people leverage the power
that we have in mass,
in numbers and by law
and part of that is
through the Electoral College.
I hear Americans saying
this nowadays
and there’s a lot of it
going around.
They talk about
a dysfunctional government
because there’s disagreement
and they –
and the framers
would have said yes,
that’s exactly the way
we set it up.
We wanted this to be power,
contradicting power.
Unless Americans can appreciate
that and learn
to love the separate of powers
which means
learning to love the gridlock
which the framers believed
would be the main protection
of minorities,
the main protection.
If a bill is about to pass
that really comes down hard
on some minority,
they think it’s terribly unfair,
it doesn’t take much
to throw a monkey wrench
into this complex system.
So Americans
should appreciate that
and they should learn
to love the gridlock.
The constitution
if properly understood
is just one big balancing act.
We’ve got states balanced
against the national government.
We’ve got the states balanced
against each other.
We’ve got each branch
of government, judiciary,
executive, legislative
balancing each other.
We’ve got presidential vetoes
and supermajority requirements
to amend the constitution and
we have the Electoral College.
And all of these different
aspects of our constitution
are just a big careful balance
to protect our liberty.
We’re constantly trying
to make things better.
So the fact that they may
not have got it right
by your likes 200 years ago
is precisely why you want
to keep this system
because it allows you
to make those kind of changes
that you think are needed.
So if you want control
over your life,
more opportunity in your life
you’ve got to go with this one
and try to perfect this one.
And not go to the demigods
who have their own agenda
which is not your wellbeing.
So we have to be very careful
when we try to fiddle around
with a system
that has worked so well
for this country
over so many years
and has in each case with a very
small number of exceptions
has produced a president
who got the most popular votes.
It is very likely that unless
Electoral College defenders
rise up and defend the system
that’s in our constitution
and make the argument about
why the Electoral College
is so important we can easily
lose the Electoral College.
This is close to happening
and could easily happen
within the next few years.
If you change how presidential
elections work,
you essentially nullify
the constitutional process,
rip state lines up
from presidential elections
and create this environment
where huge swaths of America
could just be left behind.
The founders’ solution,
the solution that over
the course of American history
might,
we can say is imperfect but has
been remarkably successful
and the model of the whole world
is precisely this balancing
very carefully
by using checks and balances
and institutional systems
and structures
like the Electoral College
to have majority rule
and the rights
of the individuals secured.
And that thing is what
gives rise to this idea
we call liberty which is
so unusual in world history
in anywhere else in the world.
And we have it precisely
because of those institutions
which you oftentimes
take for granted.
We can’t do that
because if you lose that balance
it becomes very difficult
if not impossible to recover it.
The founders knew that which is
why they spent
so much time on this question
and why they saw
what they were doing
as the equivalent of founding.
They were trying to solve
a deeply human eternal problem
of how we govern ourselves and
they created a beautiful system,
which should be preserved.