The Supreme Court Weighs Whether to Make the Electoral College Even Less Democratic
7th May 2020
Imagine that, when the votes are finally counted in the 2020 election, former Vice President Joe Biden squeezes out a narrow victory in the Electoral College. Then imagine that, weeks later, the nation is shocked to learn that President Donald Trump will receive a second term because a few previously unknown members of the Electoral College refused to vote for Biden.
Which is entirely consistent with the Constitution’s original intent.
But the Constitution does not mandate popular elections for members of the Electoral College. On the contrary, it provides that “each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress.” If the state legislature agrees to it, a state could potentially pick members of the Electoral College randomly by throwing darts at a phone book.
What they’re really objecting to is the chance that it might make it less Democrat.