Below is my column in Fox.com on the move by Democrats to change the Electoral College before the 2028 election. If successful, the move could effectively nullify the Electoral College and give high-population, blue states a dominant position in selecting presidents. The result could lead to the realization of long awaited changes to our constitutional system that could guarantee effectively one-party rule for years to come.
After the midterm elections, the Democrats are moving in for the kill.
Liberal politicians and pundits realize that the losses by the Republicans may only represent a fleeting, and indeed predictable, shift in power. While played up by the media, the results this month are consistent with prior administrations. For example, the GOP’s loss of roughly 46 seats is modest compared with other presidents such as Roosevelt (79), Obama (69), Truman (68), and Clinton (54). Thus far, Trump is just making the top ten. Presidents like Obama, who experienced massive losses, came back to win second terms.
The Democrats are not waiting to find out. They are moving to help guarantee they can take the White House and, with control of both houses, implement radical changes to ensure they hold power for years to come. That includes finally negating the Electoral College to increase the power of high-population blue states such as California and New York.
As discussed in my recent book, Rage and the Republic, academics and pundits have been discussing radical changes (including trashing the Constitution) for years. The key is to destroy minority protections by killing the filibuster and create an insurmountable majority by adding new states like the District of Columbia and Puerto Rico. The most important initial objective is packing the Court with an immediate liberal majority ot allow for measures that would likely be struck down.
Years ago, Harvard professor Michael Klarman laid out a radical agenda to change the system to guarantee Republicans “will never win another election.” However, he warned that “the Supreme Court could strike down everything I just described.” Therefore, the court must be packed in advance to make these changes possible. None of this is possible with a Republican in the White House.
The Democrats know that they are unlikely to attain a veto-proof majority. They need to get a president who will help pack the Court, add states, and make fundamental changes to the constitutional system.
With a slew of new Democratic governors, Democrats believe they may have enough states to sign on to a compact to effectively nullify the Electoral College.
The Framers saw the College as a way of protecting small states from being overwhelmed by high-population states. It was designed to get presidents to take the interests of small states seriously and to protect political minority populations.
In my book, I raised the increasing importance of the Electoral College and other protections for small states and minority political groups in our system. I was a late convert, and I previously criticized the College for producing elections in which candidates won the majority vote but lost the electoral vote. I still share those reservations with a majority of Americans, who are polling at 58 percent in favor of electing presidents by popular vote.