By George Will
Thursday, May 03, 2018
Among the recent garbled effusions from today’s temporary
president — cheer up; they are all temporary — was one that concerned something
about which he might not have thought as deeply as the subject merits. During
an episode of government of, by, and for Fox
& Friends, he said: He won the 2016 election “easily” but wishes the
electoral-vote system were replaced by direct election of presidents by popular
vote. He favors this “because” — if you were expecting him to offer reasons
drawn from political philosophy or constitutional theory, grow up — “to me,
it’s much easier to win the popular vote.”
He added, accidentally stubbing his toe on a truth, that
running for president without the Electoral College would involve “a totally
different campaign.” Which, he does not realize, is one reason for retaining
the Electoral College.
The president’s interest in all this comes from his
festering grievance about losing the popular vote by five times more votes than
George W. Bush lost it to Al Gore in 2000. His thinking is as murky as his
syntax, but evidently he supposes that under a pure popular-vote system he
would have campaigned in, say, indigo California, thereby reducing his
opponent’s huge margin of victory there (30 points). Perhaps. But his
California campaigning might have increased her turnout, which was probably
reduced by the lack of campaigning there. Who knows?
This we do know: Presidential majorities are built by the
Electoral College as it has evolved, adapting to the two-party system. The
Electoral College gives the parties a distribution incentive for achieving
geographical and ideological breadth while assembling a coalition of states. The electoral-vote system,
combined with the winner-take-all allocation of the votes in 48 of the 50
states (all but Maine and Nebraska), serves, as scholar Herbert Storing said,
“to drive all interests into one of two great parties.” This discourages a
destabilizing proliferation of small ideological parties and encourages the two
parties “to cast their nets very widely.”
Today’s president might not have noticed that America has
51 direct popular-vote presidential elections, in the states and the District
of Columbia. This buttresses the federal system by having, as political
scientist Martin Diamond wrote, presidential elections that are “federally
democratic” rather than “nationally democratic” in registering the popular
will, which is nonetheless registered. This “sends a federalizing impulse
throughout our whole political process,” one that is increasingly useful as
national politics continues to reduce states to the passive role of administering
the national government’s preferences. The 17th Amendment (direct election of
senators, rather than by state legislatures) was bad enough. Who thinks there
is too little centralization in American governance under today’s
administrative state?
In 1967, an American Bar Association commission, which
recommended replacing the Electoral College with a direct popular vote,
strangely criticized the electoral-vote system for being, among other bad
things, “ambiguous.” Actually, in close elections, including 2016’s, the
electoral-vote system provides what Diamond called “useful amplification.” In
1960, John Kennedy won 49.7 percent of the popular vote but 56.4 percent of the
electoral vote (303–219). In 2008, Barack Obama won 52.9 percent of the popular
vote but 67.8 percent of the electoral vote (365–173).
Woodrow Wilson could conduct a strong first term (during
which America acquired the income tax and the Federal Reserve system) partly
because his 41.8 percent of the popular vote produced 81.9 percent of the
electoral vote (in a contest featuring three major candidates). If what Diamond
called the Electoral College’s “magnifying lens” had been scrapped when the ABA
commission called for this, the current president’s 46 percent of the popular
vote could not have been translated into 56 percent of the electoral vote (304)
and President Hillary Clinton would be glad that the Electoral College had
ended.
America is a “mitigated” democracy (this adjective is
from James Madison, the foremost translator of democracy into institutional
architecture), in which, for example, Wyoming’s U.S. senators represent just
1.5 percent of the number of people that California’s senators represent.
American democracy, as in the Electoral College, accommodates considerations
more complex than simpleminded majoritarianism.
The president who said “nobody knew that health care
could be so complicated” might be astonished to learn that people were thinking
deeply about the Electoral College long before the subject crossed his mind.
Which it did because he managed to lose the popular vote to one of the two
least-popular major-party nominees in American history, the other being today’s
temporary president.
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