Wednesday, July 28, 2010

ANOTHER ATTEMPTED END RUN AROUND THE CONSTITUTION

People who think one state, Florida, jammed an unwanted president down the throats of the American people in the year 2000 now want to make sure this happens more frequently, but on a broader scale. If you can't beat 'em, join 'em, I guess. It's called the National Popular Vote (NPV) campaign, an innovation of recent provenance whose latest progress is in Massachusetts, reported here.

I think these people are motivated by a vendetta against George Bush. They still can't get over the guy, and it makes absolutely no difference to them that the country ratified Florida's decision in 2000 by re-electing George Bush decisively in 2004. 

Massachusetts is about to join five other states in what is really an attempted power grab for the Democrat party. I say they are a pestilence on the body politic, and it's time to stop them before more states join Illinois, New Jersey, Hawaii, Maryland, Washington and Massachusetts and attempt to sully a presidential election and throw the country into another constitutional crisis.

Imagine what would happen if enough states with 270 electoral votes got together to agree to this, and tried to force their will on the rest of us because their states individually voted to do so. Can you imagine your president elected by just 11 states? That's all it would take under their proposal: California, Texas, New York, Florida, Illinois, Pennsylvania, Ohio, Michigan, New Jersey, North Carolina and Georgia, the eleven most populous states with 271 electoral college votes in all. Do you want them deciding who your president should be?

In 2008, only Texas and Georgia went Republican, giving the Democrats 222 electoral votes. Of the next ten most populous states, Virginia, Massachusetts, Tennessee, Missouri, Washington, Indiana, Minnesota, Arizona, Maryland and Wisconsin, only Tennessee, Missouri and Arizona went Republican, giving the Democrats another 77 electoral college votes, more than enough to win.

So in any given election, just 21 of the 50 states could control the outcome of the election, with Democrats highly favored to win the White House every time, by a margin of 299 to 81 in those states. The supporters of the NPV complain that under the present arrangement where it's "winner takes all electoral votes," more or less, in 48 states, elections get determined by battleground states, where candidates actually have to compete for votes. The horror. Their solution? Eliminate the battle.

These five, and now six, states don't want to award their electoral college votes based on who won the election in their respective states, but rather to the winner of the most votes nationally, so that not only can the will of the people of their own states be subverted if necessary, but the will of other states as well, for that is what this revolution of elections would accomplish. It marginalizes the 29 states with fewer than 10 electoral votes by telling them their votes for president don't matter.

And it is easy to imagine a situation where the voters in a state are told that even though they voted for president X the electors of their state are going to vote for president Y because their state is a party to the NPV sponsored law which requires them to cast their votes for the overall winner. It is amusing to imagine electors attempting to hide behind the skirts of this law in this way and pointing the finger at voters in another state exclaiming "They made me do it!"  

The constitution is deliberately arranged as it is to protect the smaller states by population from being lorded over by the states with the larger. That is why even the smallest states have two senators, same as the largest do, to act as a counterweight to the power and interests of the larger states. That is also why changes to the constitution must be approved by states, 75% of them, not popular majorities. The NPV is an end run around this amendment process, which stands in the way of changing the electoral college system, the real enemy of the NPV. On those grounds alone it should be challenged in court as an extra-constitutional attempt to change the constitution. 

Can you imagine a country where a minority of states vote to ignore the electoral college system and try to force their president on the majority? To do so really would be to create two countries, because what the NPV campaign does in actuality is create a rival electoral college. If that isn't seditious, I don't know what is. 

Peter at Bayou Renaissance Man frames the issue helpfully:

The fourth and most worrying element of the NPV campaign, in my eyes, is that it's a blatant attempt to bypass the Constitution of the United States. The provision of an Electoral College is a federal, constitutional matter, not determined by each individual State. You'll find it in Article II, Section 1 of the Constitution, as modified by the 12th, 20th and 25th Amendments. If we want to change that (or any other) part of the Constitution, there's a mechanism provided to do so (Article 5). The NPV campaign ignores this altogether, and seeks to alter the way in which individual States allocate their electoral college votes without modifying the Constitution itself.

Appropriately quoted in the Boston Globe article, linked above, is Massachusetts Senate minority leader Richard Tisei, who says: "The thing about this that bothers me the most is it's so sneaky. This is the way that liberals do things a lot of times, very sneaky. This is sort of an end run around the Constitution."

Truer words were never spoken.