August 24, 2019
Are popular votes a good thing? When it comes to deciding issues or making
policy, we could cite examples pro and con.
The Brexit fiasco is an argument against referenda. My state uses popular votes freely, by
initiative and referendum and to authorize property levies. That system
produces mixed results. A negative
example is the repeal, some years ago, of the state inheritance tax.
On the plus side is Initiative I-1639, passed
last year, which imposed gun controls; it accomplished something important which
the Legislature had failed to do.
However, it also demonstrated the limitations of legislation by
initiative; the proposed law was far too complex for most voters to fully
comprehend and, unlike the legislative process, there was no forum for clarifying
discussion.[67]
As to legislation, it’s better, on average, when the will of the people
is expressed through representatives.
Is indirect voting best as well in choosing a president, or should we
trust and empower the people?
The question can be posed by two quotes
attributed to, or borrowed by, Winston Churchill: “The best argument against
democracy is a five-minute conversation with the average voter,” but “it has
been said that democracy is the worst form of Government except for all those
other forms that have been tried.” To
frame the dilemma another way: On August 16, I noted the deficiency in public
political knowledge revealed by surveys.
That hardly is a basis for arguing that we need more democracy, but we
can’t wait for better education to decide whether the people should vote for
president directly or through an undemocratic filter, the electoral college.
When I’ve seen or heard the terms
“populism” and “populist,” I’ve thought they were misused, often in a sense
evoking white nationalism or something equally reactionary. However, we usually think of our nation as
populist in the sense that the people rule.
Do they? The fact that twice in
sixteen years the electoral college canceled the popular vote demonstrates that
we do not have a system in which the people genuinely choose their
President. The advent of Donald Trump
is sufficient proof that we need more democracy, notwithstanding the
shortcomings of the electorate; their choice was better, as it was in 2000.
The electoral college reflects the
structure of Congress, which is only a semi-democratic institution. Although allocation of House seats is based
on population, adjusted every ten years by the census, each state has two
Senators regardless of population, which varies widely, so representation in
the Senate is anything but equal; one person, one vote does not apply
there. Senators are, since adoption of
Amendment XVII, elected by the people of their states, so a popular vote is
involved, but that does not eliminate the inherent inequality of
representation.
California, with 39,747,267 people has two
Senators (one per 19,873,634 people), as does Wyoming, with 572,381 (0ne per
286,191).[68]
If the states were significant entities or had historical status, the
iscrepancy might be justifiable. That
argument can be made for the original thirteen, but west of there, boundaries
often are arbitrary. Whatever the reasons for the size, shape and topography of
the states, the makeup of the Senate distorts the electoral college.
The electoral system allocates to each
state votes equal to the total of its Senators plus Representatives, thereby
copying, in diluted form, the anti-populist bias of the Senate. California has 55 electoral votes, one per
722,678 people, Wyoming 3, one per 190,794.
The ten smallest states by population (including the District Of
Columbia) have 8,748,783 residents combined and 32 electoral
votes,[69] one per 273,399
people. The ten largest have 178,350,729
residents and 256 votes, one per 696,683.
It makes no sense.
However, we’re stuck with the makeup of
the states and the Senate, and probably with the electoral college, all of
which have constitutional status, so three programs are crucial to restoration
of democracy; the first is adoption of the National Popular Vote Interstate
Compact (NPVIC) to neutralize the electoral college.
The
member states of NPVIC pledge to award their electoral votes to the winner of
the national popular vote, thus converting the electoral college into a
populist institution. The compact will
take effect when adopted by states possessing 270 electoral votes, a majority
of the total, 538. It has been enacted
into law in 16 states (including DC), possessing 196 electoral votes, and will
take effect if states with 74 votes are added.
The chances are difficult to evaluate; several states have gone part
way, for example by passing the bill in one house, but Colorado now will vote
on a referendum to repeal its adoption.
The other two changes necessary to
government by the people are recapture of the Senate and the White House by
Democrats and major restrictions on filibusters and holds, so that the Senate
can come closer to conducting the people’s business.
__________________________
67. My comments on the initiative are in the post of 12/30/18.
68. State populations: http://worldpopulationreview.com/states/
69. Electoral votes: https://www.archives.gov/federal-register/electoral-college/allocation.html