View from Away: The Electoral College is a blot on democracy. The Supreme Court shouldn’t make it worse – Kennebec Journal & Morning Sentinel
The Supreme Court last week was asked to rule that members of the Electoral College have the right not to cast their votes for the presidential candidate who won their state, even if they are required to do so by state law. The court must reject that claim.
The oral arguments on May 11 involved so-called faithless electors who emerged in two states following the 2016 election. In Washington, three electors were fined for voting not for Hillary Clinton, who carried the state, but for former Secretary of State Colin Powell. In Colorado, where Clinton also won the popular vote, Micheal Baca was removed as an elector after he tried to vote for then-Gov. John Kasich of Ohio.
There had also been a public campaign to persuade electors to reject Donald Trump. The argument was that the framers of the Constitution intended electors to cast their votes in what Alexander Hamilton called circumstances favorable to deliberation. But the Electoral College as Hamilton envisaged it hasnt existed for most of American history.
Fortunately, several justices indicated that they were loath to hand down a ruling that would upset the long-established understanding of the electors role. Justice Brett M. Kavanaugh asked during the argument in the Washington case whether the court ought not to be guided by what he called the avoid-chaos principle of judging.
But shouldnt the justices rule not on pragmatic grounds but on the basis of what the Constitution requires? Of course, but the original overarching goal of the Constitution was to entrust states to appoint electors in whatever manner their legislatures saw fit. The states subsequently decided, rightly, on a more democratic approach, awarding electoral votes on the basis of the popular vote in their state. The court should respect that decision by allowing states to punish or replace electors who go rogue.
The alternative is a situation in which electors could be lobbied to vote for a candidate who didnt carry their state conceivably the winner of the national popular vote but just as likely someone else, as occurred in these cases.
Twice in the recent past the Electoral College has installed in the White House candidates who lost the national popular vote. Thats why this editorial page has called for its abolition. As a stopgap measure, we also have supported Californias decision to join the National Popular Vote Interstate Compact in which participating states pledge to award their electoral votes to the candidate who wins the national popular vote. (The compact wouldnt go into effect until it included enough states to constitute a majority of 270 electoral votes.)
The Electoral College is a blot on American democracy. But allowing electors to disregard their states popular vote would make the system even less democratic.
Editorial by the Los Angeles Times
Visit the Los Angeles Times at http://www.latimes.comDistributed by Tribune Content Agency, LLC.
Invalid username/password.
Please check your email to confirm and complete your registration.
Use the form below to reset your password. When you've submitted your account email, we will send an email with a reset code.
Previous
Next
Read this article:
View from Away: The Electoral College is a blot on democracy. The Supreme Court shouldn't make it worse - Kennebec Journal & Morning Sentinel
- Five alarm fire for democracy: Dems, voting advocates voice outrage at FBI raid of Georgia elections office - Democracy Docket - January 30th, 2026 [January 30th, 2026]
- Democracy on ICE? The mood turns in America - The Economist - January 30th, 2026 [January 30th, 2026]
- When Covering the News Becomes a Crime, Democracy Loses - GV Wire - January 30th, 2026 [January 30th, 2026]
- Readers Write: Democracy, the Second Amendment, ICE shooting videos - Star Tribune - January 30th, 2026 [January 30th, 2026]
- Deadly democracy: Lethal political violence in Brazil - Global Initiative against Transnational Organized Crime (GI-TOC) - January 30th, 2026 [January 30th, 2026]
- Making Democracy Interesting: Tips from TV, Podcasts, Science Fiction, and Online Creators - Ash Center - January 30th, 2026 [January 30th, 2026]
- New GOP anti-voting bill may be the most dangerous attack on voting rights ever - Democracy Docket - January 30th, 2026 [January 30th, 2026]
- KU will host a two-year series of seminars on democracy, academic freedom - Lawrence Journal-World - January 30th, 2026 [January 30th, 2026]
- Capacity-Building Program: Latinos, Media, and Democracy - The AI Edition 2026 - Digital Democracy Institute of the Americas (DDIA) - January 30th, 2026 [January 30th, 2026]
- In major rebuke, federal judge blocks key parts of Trumps anti-voting order - Democracy Docket - January 30th, 2026 [January 30th, 2026]
- Political Influencers and Democracy in the Digital Age - - Center for Democracy and Technology - January 30th, 2026 [January 30th, 2026]
- FBIs Fulton County raid may have been illegal, legal experts warn. But it definitely raises fears for 2026 - Democracy Docket - January 30th, 2026 [January 30th, 2026]
- Democracy In The Age Of Disinformation And Digital Capitalism OpEd - Eurasia Review - January 30th, 2026 [January 30th, 2026]
- Shoring up the Balkans: NATO infrastructure and a warning for democracy - New Eastern Europe - January 30th, 2026 [January 30th, 2026]
- Can The iPhone Save Our Democracy? - The Weekly Dish | Andrew Sullivan - January 30th, 2026 [January 30th, 2026]
- The Long-Term Futures Work of Building a Better Democracy - Nonprofit Quarterly - January 30th, 2026 [January 30th, 2026]
- Common Faith with Rabbi Elliot Cosgrove: Amy Spitalnick on Jewish Safety, Democracy, and the Work of JCPA - Jewish Council for Public Affairs - January 30th, 2026 [January 30th, 2026]
- Lucy Lang on protecting the fabric of democracy as state inspector general - City & State New York - January 30th, 2026 [January 30th, 2026]
- Saving democracy isnt enoughwe need to upgrade it | PennLive letters - PennLive.com - January 30th, 2026 [January 30th, 2026]
- Mills unveils housing plan, pledges to defend democracy with everything I have - Mainebiz - January 30th, 2026 [January 30th, 2026]
- Philosophy, Academic Freedom and the Health of Democracy - seattlespectator.com - January 30th, 2026 [January 30th, 2026]
- Antisemitism, Unions, and the Fight for American Democracy Today - Jewish Council for Public Affairs - January 30th, 2026 [January 30th, 2026]
- Op-ed: To understand the future of EU democracy, look at how I got elected - The Parliament Magazine - January 30th, 2026 [January 30th, 2026]
- UD Food and Culture Festival organizer: Food and humanities 'necessary for a thriving democracy' - WYSO - January 30th, 2026 [January 30th, 2026]
- Domestic Terrorism in Plain Sight: White Supremacy, State Violence, and the Assault on Democracy - CounterPunch.org - January 30th, 2026 [January 30th, 2026]
- Checks and Balances, Democracy, and the "Noble Dream" of Constitutionalism - democracyproject.org - January 30th, 2026 [January 30th, 2026]
- Parliamentary Assembly calls for young people to be equal partners in European democracy - Council of Europe - January 30th, 2026 [January 30th, 2026]
- AI Armies That Never Sleep Are Faking Grassroots Movements, Threatening Democracy - Study Finds - January 30th, 2026 [January 30th, 2026]
- [Column] American democracy is dying, and masked agents are killing it - - January 30th, 2026 [January 30th, 2026]
- The history behind WAs Temple of Justice, a monument to democracy - The Seattle Times - January 26th, 2026 [January 26th, 2026]
- Can the private sector help safeguard democracy? The answer is yes - Devex - January 26th, 2026 [January 26th, 2026]
- Bill Clinton Issues Warning on American Democracy: Read in Full - Newsweek - January 26th, 2026 [January 26th, 2026]
- Federalism and Democracy - democracyproject.org - January 26th, 2026 [January 26th, 2026]
- CDT Responds to Violence in Minnesota - - Center for Democracy and Technology - January 26th, 2026 [January 26th, 2026]
- Confusion Is Now a Political Strategy And Its Quietly Eroding American Democracy - The Fulcrum - January 26th, 2026 [January 26th, 2026]
- ICE Out: Tens of Thousands March in Minnesota in General Strike Against Immigration Raids - Democracy Now! - January 26th, 2026 [January 26th, 2026]
- This week at Democracy Docket: DOGE, True the Vote, and blackmailing Minnesota - Democracy Docket - January 26th, 2026 [January 26th, 2026]
- We The People v Trump with Democracy Forward's Skye Perryman - Interfaith Alliance - January 26th, 2026 [January 26th, 2026]
- The Russians Within Us: Between The Myth Of Foreign Infiltration And The Reality Of Internal Capture; Anatomy Of An Imperfect Democracy Romania (Part... - January 26th, 2026 [January 26th, 2026]
- We dont have a functional democracy An Interview with Dr Eoin Lenihan, Part III - Hungarian Conservative - January 26th, 2026 [January 26th, 2026]
- Syria's future must be shaped by its people through democracy: Turkish parliament speaker - Anadolu Ajans - January 26th, 2026 [January 26th, 2026]
- Uganda: Democracy in Name Only - Global Issues.org - January 26th, 2026 [January 26th, 2026]
- Statement on Behalf of Business Leaders for Democracy on the Passing of Betsy Brenner - urbanmilwaukee.com - January 26th, 2026 [January 26th, 2026]
- Why the Pittsburgh Post-Gazettes closure exposes a growing threat to democracy - The Conversation - January 9th, 2026 [January 9th, 2026]
- Journey to American Democracy: The Battle of the Bulge - Letters from an American | Heather Cox Richardson - January 9th, 2026 [January 9th, 2026]
- Daily Herald opinion: Democracy in action: Training teens as election judges and encouraging them to vote is a vital mission - Daily Herald - January 9th, 2026 [January 9th, 2026]
- AI and Democracy: Mapping the Intersections - Carnegie Endowment for International Peace - January 9th, 2026 [January 9th, 2026]
- Beyond the Fog of War: Venezuelas Democracy is at Stake - Fair Observer - January 9th, 2026 [January 9th, 2026]
- ICEs Deadly Force is a Threat to Our Democracy - American Constitution Society - January 9th, 2026 [January 9th, 2026]
- Opinion | The dark day democracy almost died - The Cap Times - January 9th, 2026 [January 9th, 2026]
- Trusting News organization to receive 2026 Brown Democracy Medal - Penn State University - January 9th, 2026 [January 9th, 2026]
- This Is Our Hemisphere: Report from Colombia on Trumps Escalating Threats to the Region - Democracy Now! - January 9th, 2026 [January 9th, 2026]
- S&Ds stand in solidarity with Iranians demanding freedom and democracy - Socialists and Democrats - January 9th, 2026 [January 9th, 2026]
- After Trumps attack, we Venezuelans need to know what comes next authoritarianism or democracy | Jess Piero - The Guardian - January 9th, 2026 [January 9th, 2026]
- 4 pivotal elections around the world that will pose a test to democracy in 2026 - The Conversation - January 9th, 2026 [January 9th, 2026]
- Appointed board for Indy schools threatens democracy | Opinion - IndyStar - January 9th, 2026 [January 9th, 2026]
- PAs Abbas declares 2026 will be the year of Palestinian democracy - The Times of Israel - January 9th, 2026 [January 9th, 2026]
- Trump, Venezuela, and the threat to the 2026 elections - Democracy Docket - January 9th, 2026 [January 9th, 2026]
- How new USPS rules put the right to vote at risk - Democracy Docket - January 9th, 2026 [January 9th, 2026]
- Senator Kim Demands We Find the Courage to Heal Our Country, Warns that Our Democracy is More Fragile than during the January 6 Insurrection Five... - January 9th, 2026 [January 9th, 2026]
- How AI and misinformation are posing a threat to democracy in Yorkshire - BBC - January 8th, 2026 [January 8th, 2026]
- Democracy didnt break overnight2026 will reveal if Memphis lets it die - Tennessee Lookout - January 8th, 2026 [January 8th, 2026]
- Opinion | If Trump Doesnt Bring Democracy Into Venezuela, Hell Never Get Much Oil Out of It - The New York Times - January 8th, 2026 [January 8th, 2026]
- Commentary: Five long years since the assault on American Democracy The insurrection led by an incumbent President, and the wounding of our democracy... - January 8th, 2026 [January 8th, 2026]
- RELEASE: Statement on the Anniversary of the January 6th Attack on the US Capitol from the Inclusive Democracy Caucus Co-Chairs - MN House of... - January 8th, 2026 [January 8th, 2026]
- Less than 1% of Epstein files have been released, DOJ admits - Democracy Docket - January 8th, 2026 [January 8th, 2026]
- Trump chose not to restore democracy in Venezuela, with the opposition's Nobel winner in hiding and much of the opposition in prison - Fortune - January 8th, 2026 [January 8th, 2026]
- Fair voting maps arent favors, theyre the foundation of democracy: op-ed - AL.com - January 8th, 2026 [January 8th, 2026]
- Democracy Begins with You: Preparing for the 2026 Elections - Miami's Community News - January 8th, 2026 [January 8th, 2026]
- The Trump administration is building a national voter roll, former DOJ lawyers warn - Democracy Docket - January 8th, 2026 [January 8th, 2026]
- Local Venezuelans wrestle with what US taking Maduro means for democracy and socialism - GBH - January 8th, 2026 [January 8th, 2026]
- GOP senators threaten to impeach judges who rule against Trump - Democracy Docket - January 8th, 2026 [January 8th, 2026]
- In Miami-Dade, Republicans say democracy is coming to Venezuela but not immediately - News From The States - January 8th, 2026 [January 8th, 2026]
- Five years on from January 6th, Congress must protect against President Trumps attacks on democracy - Citizens for Responsibility and Ethics in... - January 8th, 2026 [January 8th, 2026]
- Donald Trump's greed is a threat to American democracy - Wisconsin State Journal - January 8th, 2026 [January 8th, 2026]
- Peace and prosperity in Venezuela will come from democracy, not oil, writes Ricardo Hausmann - The Economist - January 6th, 2026 [January 6th, 2026]
- January 6th Five Years On: Our Democracy Crisis Persists - Insider NJ - January 6th, 2026 [January 6th, 2026]
- Local democracy is strong, but rural Michigan communities are falling behind, new survey shows - Michigan Advance - January 6th, 2026 [January 6th, 2026]
- The military is the last safeguard of democracy. Is Donald Trump bending it to his will? - The Conversation - January 6th, 2026 [January 6th, 2026]
- What Must Be Done To Bring Back Venezuelas Democracy And Economy - Forbes - January 6th, 2026 [January 6th, 2026]