Monthly Archives: October 2020

What needs to be done about the Electoral College

So once again there is, as always a call to end the Electoral College and replace it with just a national vote.

As if replacing one broken system with an even more broken system is a solution. Yes, the current system gives a bizarrely huge advantage to small states that have effectively zero population like Wyoming and the
Dakotas. But going to a pure popular vote will make all elections just pandering to the wants of the 10 largest cities in the country and will be just as off-kilter, possibly even more so, than the current situation. Both systems give too much power to one group or another and neither is a viable solution. Let’s not forget that the Founding Fathers recognized that there are supreme problems with democracy and the tyranny of the majority and that the more democratic you make a system the more likely you will have demagogues like Trump and Obama, not less.

But clearly, the system has given us hollow men with cults of personality for the last twelve years so it is clear that something is off and needs to be fixed. But complete democracy is not the answer.

To find a solution we need to go back to why it’s the way it is. Like so much of the Constitution’s creation, it was designed to allow for majority rule but allow for the minority rights to be protected. At the time of the first census, the smallest state was Delaware which had 1.5% of the population and 2.3% of the electoral votes. Now Wyoming has 0.17% of the population but .55% of the electoral college (from having the smallest state have 1.5 advantage over their population to now our smallest state having a 3.2 times advantage over what a pure democracy would give them).

We have too many states with next to no population and therefore a huge advantage in the electoral college.

On the other hand, we have a handful of massive states like Florida that make their swing state status make them disproportionately important.

So we need a system that both ensures states with smaller populations are not powerful and that huge swing states don’t control everything. The point is to force candidates to care about the largest swatch of the country if they want to get elected and reelected not just worry about their states and a couple of swing states (seen by Trump not caring if people die in blue states, and Obama foolishly dismiss the people who cling to their guns and Bibles). The point is to make sure that the President must care about the most states as possible. To do this we must have no bizarrely small states that one side can ignore, and no huge states that get all the attention.

And, while I know this is not popular (but one of the jobs of leadership is to explain to the public why the right solution should be popular—it is only unethical demagogues that pander to what is popular) by any means there is a way to solve this, here is what we need to do:

A constitutional amendment that states any state over 20 electoral votes has to split apart and any state under 6 votes has one census cycle to either get their population up or have to join with the lowest state that they’re next to…failure to do so will have their electoral college votes annulled.

The Dakotas become one state because it’s simply preposterous to think that a whole lot of nothing requires two full state governments. Idaho, Montana, and Wyoming the same. As with everything north of Massachusetts. Rhode Island and Delaware serve no conceivable purpose and we all know it. But California would be broken up into three states, one probably blue one red, and one swing, New York would be NYC and everything else. Florida two states because no single government should be responsible for that much crazy, and Texas would thankfully be broken up because I think we can all agree that shithole excuse for a state deserves to be knocked down a peg (also, as a Dodgers fan, I need to point out that every member of the Houston Astros needs to be publicly executed).

By doing this states will now be in a nice 6-20 vote margin which means that now middle red states are important enough for democrats to care and the huge bastions of liberalism are broken into areas that become an attractive target for conservatives…i.e. the candidates will have to moderate their view and policies and actually be president for ALL OF AMERICA, no longer will strategies that just focus the parts of the country they want to pander to and two or three swing states. A conservative will finally have to care about things that happen on the West coast, a liberal will have to look into the concerns of the people in the middle part of the country who are afraid of the fact that their ways of life will be done away with by technology in another generation.

The only other thing that probably needs to occur in every state should probably reserve two of their votes for statesmen chosen for their common sense before the primaries even begin with the right to vote their conscience. How many godforsaken presidents might we have been spared if that check existed?

Finally, these laws that some states are putting in that force electors to vote with the state vote have to be eliminated also by Constitutional Amendment (because the Supreme Court recently made the dumbest error in thinking that electors, not representative who are elected to use their best judgment, which they are). If a presidential candidate picks John Doe to be their elector in the electoral college and come the day of the election John Doe feels that he can’t vote for the candidate that choose him…there is probably a damn good reason, and forcing them to vote against their conscience is just endangering the nation.

…Oh, and while we’re on the issue of the size of states, every state should take a long hard look at the size of their counties. Most counties were set up with the idea that a person could reach a county seat within less than a day at the time they were founded. For most of the history of the country that was the distance a horse and carriage could go in a day. And in modern terms, that’s about 20-50 miles. There are places in the country where if you’re just driving a legal speed of 65mph you can cross four or five counties in a single hour. This was a practical size when your governance was limited by the speed of a horse…it is no longer necessary to have that. Every country has swaths of redundant public officials and corrupt officers who like to keep their own fiefdoms and do so because they are able to control such a small area with a small level of corruption. Two-thirds of the number of counties in America do not need to exist because a single county seat for four or five existing counties would probably be able to offer the same level of service for a fraction of the overhead price. The government should be local in many cases, but that is what cities are for.

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How the Supreme Court Could Retain Its Respect

So at this point, the odds of Trump winning are getting closer and closer to zero. His people are worried they’re going to be prosecuted (they will be), some are even attempting suicide (can’t say I will miss the scum that pretends to be human or American), and a sane person (which Trump is not) would be running to daddy Vladamir right now begging for protection (he can bunk with Snowden, traitor roommates, I see a sitcom here).
But the fact is that even though the fascist will be leaving office (god I hope he tried to resist and needs to be forcibly removed) the court has been tainted by his (and McConnell’s) unquestionable hypocritical and unethical behavior.

This is going to leave us in a position where the Democrats are going to want to pack the court (which will hurt the court’s image) or the current nine justices stand with the mark of corruption on them. Neither is good and neither is in anyone’s best interest because we need to restore the three branches of government to some sense of reason, honor, and virtue.
But there is a way out of this.

Right now, Justice Clarence Thomas is 72 years old. The life expectancy for African American males is 72. Playing the odds, he is living on borrowed time and will likely die during the administration of President Biden—if he’s lucky, as Biden won’t be filling the whole term, he might make it to President Harris. If he thinks he’s going to just wait until there is a Republican in office again, he’s crazy. And either Biden or Harris will replace him with a liberal if he dies during their administrations.

However, if Thomas went to the White House during the first week of the new administration and said “I will retire if you nominate one of these 10 or so moderate justices” it would be a win-win (a libertarian judge who will not attack the liberal key points of abortion and minority rights, but will check the government on size and scope of government would appease the principled people on both sides). The rage over the Trump/McConnell sleaziness is quickly dissipated by the fact that you have a Democrat filling a previously Republican seat. Thomas ensures that the court only moves one step to the left instead of two. And the reputation of the Supreme Court is not destroyed in a fight to pack the court. Further, this means that Republicans are not encouraged to pack the court the next time they are in charge. And Biden would take it because it would mean he would not have to expend political capital on packing the court.

And the cherry on top is that Thomas gets to leave with the halo of a true statesman and won’t be just remembered for Anita Hill and living in Scalia’s shadow. Few opportunities ever come up to so clearly rewrite how history will remember you, and Justice Thomas would be a damn fool not to take this opportunity.

Quite frankly it’s a win-win for everyone. And that sadly is why no one would ever do it because there is nothing but pettiness and short-sighted idiocy in Washington on all sides at this point.

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