Wednesday, May 30, 2012

Imbecilic Constitution

Sanford Levinson calls the U.S. Constitution "Imbecilic" and bemoans all of the things contained therein which make governing harder.

He complains about the Electoral College, because it means the largest states get ignored.  Right, because with a popular vote the entire middle of the country would be ignored, and national elections would be decided by California and a handful of moronic liberals in the Northeast.

Separation of powers and checks and balances create gridlock and make it hard for government to produce results.  This is a feature not a bug.  Hell, nearly everything he brings up in his piece is a feature of our Constitution, not a bug.



Divemedic said...

Well, that, and he claims that the last amendment was the 22nd in 1951. He is wrong, there are 27 amendments, the last ratified in 1992.

Mike W. said...

And this guy a professor at UT - Austin. Yikes!

Ken O said...

It's t.u. in Austin, what did you expect.

Anonymous said...

The current state-by-state winner-take-all method of awarding electoral votes (not mentioned in the U.S. Constitution, but since enacted by 48 states), ensures that the candidates, after the primaries, will not reach out to about 76% of the states and their voters. Candidates have no reason to poll, visit, advertise, organize, campaign, or care about the voter concerns in the dozens of states where they are safely ahead or hopelessly behind.

Presidential candidates concentrate their attention on only a handful of closely divided "battleground" states and their voters. There is no incentive for them to bother to care about the majority of states where they are hopelessly behind or safely ahead to win. 9 of the original 13 states are considered “fly-over” now. In the 2012 election, pundits and campaign operatives agree, that, at most, only 12 states and their voters will matter. They will decide the election. None of the 10 most rural states will matter, as usual. About 76% of the country will be ignored --including 19 of the 22 lowest population and medium-small states, and 17 medium and big states like CA, GA, NY, and TX. This will be more obscene than the 2008 campaign, when candidates concentrated over 2/3rds of their campaign events and ad money in just 6 states, and 98% in just 15 states (CO, FL, IN, IA, MI, MN, MO, NV, NH, NM, NC, OH, PA, VA, and WI). Over half (57%) of the events were in just 4 states (OH, FL, PA, and VA). In 2004, candidates concentrated over 2/3rds of their money and campaign visits in 5 states; over 80% in 9 states; and over 99% of their money in 16 states.

More than 2/3rds of the states and people have been merely spectators to presidential elections. They have no influence. That's more than 85 million voters, 200 million Americans, ignored. When and where voters are ignored, then so are the issues they care about most.

Policies important to the citizens of ‘flyover’ states are not as highly prioritized as policies important to ‘battleground’ states when it comes to governing.

The number and population of battleground states is shrinking as the U.S. population grows.

As of March 10th, some pundits think there will be only Six States That Will Likely Decide The 2012 Election

And FYI . . . With the current state-by-state winner-take-all system of awarding electoral votes, it could only take winning a bare plurality of popular votes in the 11 most populous states, containing 56% of the population of the United States, for a candidate to win the Presidency with a mere 26% of the nation's votes!

The presidential election system that we have today is not in the Constitution. It was not designed, anticipated, or favored by the Founding Fathers but, instead, is the product of decades of evolutionary change precipitated by the emergence of political parties and enactment by 48 states of winner-take-all laws, not mentioned, much less endorsed, in the Constitution.

Anonymous said...

States have the responsibility and power to make their voters relevant in every presidential election. The National Popular Vote bill uses the power given to each state by the Founding Fathers in the Constitution to change how they award their electoral votes for president. Historically, virtually all of the major changes in the method of electing the President, including ending the requirement that only men who owned substantial property could vote and 48 current state-by-state winner-take-all laws, have come about by state legislative action.

The National Popular Vote bill would change existing state winner-take-all laws that award all of a state’s electoral votes to the candidate who get the most popular votes in each separate state (not mentioned in the U.S. Constitution, but since enacted by 48 states), to a system guaranteeing the majority of Electoral College votes for, and the Presidency to, the candidate getting the most popular votes in the entire United States.

The National Popular Vote bill preserves the constitutionally mandated Electoral College and state control of elections. It ensures that every vote is equal, every voter will matter, in every state, in every presidential election, and the candidate with the most votes wins, as in virtually every other election in the country.

Under National Popular Vote, every vote, everywhere, would be politically relevant and equal in every presidential election. Every vote would be included in the state counts and national count. The candidate with the most popular votes in all 50 states and DC would get the 270+ electoral votes from the enacting states. That majority of electoral votes guarantees the candidate with the most popular votes in all 50 states and DC wins the presidency.

National Popular Vote would give a voice to the minority party voters in each state. Now their votes are counted only for the candidate they did not vote for. Now they don't matter to their candidate.

And now votes, beyond the one needed to get the most votes in the state, for winning in a state are wasted and don't matter to candidates. Utah (5 electoral votes) alone generated a margin of 385,000 "wasted" votes for Bush in 2004. 8 small western states, with less than a third of California’s population, provided Bush with a bigger margin (1,283,076) than California provided Kerry (1,235,659).

With National Popular Vote, every vote, everywhere would be counted equally for, and directly assist, the candidate for whom it was cast.

Candidates would need to care about voters across the nation, not just undecided voters in a handful of swing states. The political reality would be that when every vote is equal, the campaign must be run in every part of the country.

tyler said...

Seems like nobody has a real appreciation for the constitution anymore these days. It's quite sad to see, because the founding fathers were very smart men, who saw great consequences if people did not follow an orderly system of government.

check out some of my thoughts on this on my blog: