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Schwarzenegger Veto of National Popular Vote Bill Keeps Californians Untermenschen

By Thomas Gangale
At the end of September, Governor Arnold Schwarzenegger had the opportunity to do all Californians a great service. Instead, he chose to do us a great injustice.
Even before the "presidential selection" of 2000, when the Supreme Court stopped the recount of votes in Florida and gave the presidency to the loser of the nationwide popular vote, people clamored for abolishing the antiquated Electoral College in favor of direct popular vote for president and vice president. There have been hundreds of unsuccessful bills in Congress. The problem is that this 18th century anachronism is hardwired into the design of the American republic. It would take a constitutional amendment to abolish the Electoral College outright.
A proposed amendment must first pass both houses of Congress by a 2/3 majority, then be ratified by the legislatures in 3/4 of the states. How hard is that? Very. There have been only 27 amendments to the Constitution. Eleven of these (1-10 and 27) were the Bill of Rights, which were an immediate supplement to the Constitution. Three others (13-15) took a civil war to bring into being. That leaves only 13 that have been proposed and ratified through an orderly political process since the era of the Constitution's original framing and implementation in the 1790s.
Recently, a clever way around this obstacle has been introduced in state legislatures around the country. Once a number of states, comprising 270 votes in the Electoral College, agree to cast all of their votes for the winner of the national popular vote, an interstate compact will go into effect. California had an opportunity to become the first state to sign up to this compact. Both the Assembly and the Senate passed the bill (AB 2948) and sent it to the Gubernator's desk for signature. California's 55 electoral votes would have put the interstate compact 1/5 of the way to its goal of 270. Instead, Governor Schwarzenegger vetoed the bill.
His excuse was incredibly lame: "It disregards the will of a majority of Californians" and "is counter to the tradition of our great nation which honor states rights and the unique pride and identity of each state."
Huh? By every poll ever taken, most Californians would love to ditch the Electoral College! And, as for "states' rights," that political code has been used to defend all sorts of despicable "peculiar institutions." Is it possible that Skynet programmed the Terminator to time-travel back to an ante bellum slave state and he wound up in the here and now by mistake, naked and confused?
Let's do some simple math that even a Kindergarden Cop ought to be able to follow. Each state's electoral votes equal its number of senators and number of members of the House of Representatives. The House of Representatives is based on population; the more populous that state, the more representatives it is apportioned. However, every state, regardless of population, has two senators. The 2000 Census counted 33.9 million Californians and 494 thousand Wyomingites, yet California has two senators... and so does Wyoming. On the basis of population, California was apportioned 53 representatives; Wyoming only one. So, adding the number of senators and representatives, California had 55 electoral votes and Wyoming has three. Sound fair? Not so fast! Fifty-five electoral votes for 33.9 million Californians means there is one vote for every 616 thousand Californians; three electoral votes for 494 thousand Wyomingites means there is one vote for every 165 thousand Wyomingites. In other words, every resident of Wyoming has nearly four times the political power of a Californian.
Another Schwarzenegger movie title comes to mind: "Raw Deal." The Electoral College is all that. It makes all Californians political untermenschen (subhumans).
That suits Governor Schwarzenegger just fine. Why? The two most recent presidential elections happen to have been among the closest in American history. In 2004, George W. Bush won the popular vote by less than three percent. In 2000, Al Gore's margin of victory was half a percent. Yet, in both elections, President Bush won in 31 states, and his Democratic opponent won in only 19 states plus the District of Columbia. This means that both times President Bush was awarded 22 more electoral votes than his opponent, based on lines drawn on a map rather than on votes cast by flesh-and-blood humans.
So, Governor Schwarzenegger's veto of the interstate compact makes no sense to California. It makes a lot of sense to Wyoming, but we're not in Wyoming. It also makes sense to a Republican who puts the interests of his party ahead of those of his people. By vetoing this bill, the Gubernator has again shown that he is a partisan first and a Californian second... or worse. But, hopefully, next year there will be a new bill... and a new governor to sign it into law for the benefit of all Californians.
Thomas Gangale is an aerospace engineer and a former Air Force officer. He is currently the executive director at OPS-Alaska, a think tank based in Petaluma, where he manages projects in political science and international relations.
Comments
Thank heavens Schwartzenegger vetoed AB2948!!
The Electoral College serves a valuable purpose to level the field somewhat between large states and small states. If people want to do away with the Electoral College, they need to do it by amending he Constitution, not by some Rube Goldberg backdoor compact between states.
Additionally, had AB 2948 been in force, this compact would have placed California in the Bush column in 2004! What an utterly preposterous idea! If you read Schwartzenegger's veto message, you will find it was this point that he most objected to, the idea that the votes of the California electorate would in essence be thrown away because some other candidate received more popular votes nationally. Folks, we do not elect presidents by national popular vote, we do it with state by state electoral votes. If you want to change that, then please amend the Constitution.
As for presidential candidates ignoring California, that is a function of the blue-statedness of California, not the Electoral College. If prevailing sentiments in California were more evenly divided in presidential elections, as is sometimes the case, candidates would flock here in droves. But far more importantly, if this compact were to become effective, presidential candidates would absolutely ignore the smaller states, which is precisely what the founders intended to prevent when they set up the Electoral College.
Posted by: David Foote at October 4, 2006 01:54 PM
Why would any Californian veto a bill so that the weight of the vote of a California would remain one quarter of that of a citizen of Wyoming?
Why would any American veto a bill that would render all Americans equal in the weight of their votes for the Chief Magistrate?
Why would anyone veto a bill that provides that the person exercising the power of life and death over the person and the planet occupies that power "with the consent of the governed?"
The Article has it right. The Electoral College is a relic of the Holy Roman Empire. It was the means by which the aristocracy imposed an Emperor upon the people. It is not a device of a republic at all. It is not "American" at all.
The Electoral College was part of the political and economic subsidy to slavery written into the Slaveholder's Constitution of 1787. It violates all the principles of the Declaration of Independence and the Civil War Amendments.
Posted by: Gary Michael Coutin at October 4, 2006 07:22 PM
"...presidential candidates would absolutely ignore the smaller states, which is precisely what the founders intended to prevent when they set up the Electoral College."
That is quite simply factually incorrect. The Electoral College arose during the Philadelphia Convention of 1787 as a compromise between various factions who could not agree on whether to elect the president by direct popular vote or to have Congress elect the president. It was a compromise almost no one at the convention was pleased with, but it allowed Article II to be ratified as it gave each of the factions at least something. Furthermore, the idea was NEVER to have the electors chosen by popular vote in each state. This did not become a widespread practice until 1824, almost 4 decades after the Framers crafted the constitution. So the suggestion that many arguing against this proposal have made that the Electoral College was some ingenious device crafted by the Founders to enshrine federalist principles is just flat-out wrong on history.
Posted by: Brandon at December 20, 2006 09:45 AM
I happy to see that Governor Schwarzenegger vetoed this bill. In effect it would negate the votes of Californians. California generally votes Democratic. If the nation-wide popular vote was Democratic results in the Electoral College would be the same. However, if the national popular vote was Republican all 55 of California's electoral votes would be given to a candidate whom the majority of Californians had not voted for. How does that make the electoral process more democratic?
"In 2004, George W. Bush won the popular vote by less than three percent. In 2000, Al Gore's margin of victory was half a percent. Yet, in both elections, President Bush won in 31 states, and his Democratic opponent won in only 19 states plus the District of Columbia."
This example illustrates my point. In 2000 Al Gore received a majority of the popular vote. The majority of Californians also voted for him and he recieved California's electoral votes. However, if the proposed law had been in effect in 2004 Bush would have won 32 states. In 2004 Bush received a majority of the popular vote. A slim majority, it's true, but a majority nonetheless. That majority would have sufficed to give all 55 of California's votes to President Bush, despite the fact that a majority of Californians voted for John Kerry in that election.
Also just as a side note, I don't see how snide references to Schwarzenegger's movies has any relationship to the merits of the bill in question.
Posted by: Rachel Golden at June 15, 2007 10:47 PM
A wrong move -
If passed by states with 270 votes, candidates would campaign in CA, since more votes in the state might would make it easier to reach a national popular vote majority and CA votes would really count.
Now if the State looks 55% democratic no candidate will expend energy and $ to seek votes in CA. If passed and effective CA votes would count for the first time in a long time.
Posted by: Ken Kahn at October 7, 2007 05:09 PM
I'm not exactly a huge fan of the Electoral College, but the charge directed at Governor Schwarzenegger for putting the interests of his party before his state makes no sense. This bill would liberate millions of Republican California voters.
Whether or not the Electoral College was designed to be a manifestation of federalism is beside the point, because that's exactly what it has become. No state officer has the duty to appease the cries of "One man, One Vote" if he doesn't believe it is in the best interest of his state to do so.
Posted by: Jordan at November 16, 2007 01:28 PM
im GLAD he veto'd this bill. the bill instead of making the electoral college vote for the popular candidate in THEIR STATE makes them vote for the popular candidate of THE OTHER STATES. this makes their states votes mean nothing.
less people would vote which wouldnt be good when theres already issues with people not voting. in an extreme example say all but 10 states take up the NPV method. That would mean that the candidates would only need to campaign in those 10 states becuase they are the only ones that matter. If they win in those 10, then the rest automatically vote for them
this is a BAD idea for this country. instead of a NATIONAL popular vote, they should be making it to where the electoral college has to vote for their states popular vote.
Posted by: neil at January 5, 2008 02:03 PM
This is nuts. Gore did not win the national popular vote - there WAS no national popular vote. If there were, the candidates would have campaigned for it, and who knows who would have won it. Instead, there was an election under an electoral college system, and Gore got more popular votes. To make any point about total votes is like claiming that the World Series is unfair if the team with the most runs over the series doesn't win.
Your position is essentially unAmerican. As you say, it might well be in California's interest (assuming California HAS an interest distinguishable from Oregon, Nevada or Arizona) to do away with the Electoral College, but that's why we HAVE an Electoral College. We have it because we are a continental polity, and the popular election of the President is a bad idea for that sort of place.
From your silly claim that it matters who got the most popular votes in an election in which the popular vote does not matter, I can only assume that you don't go in much for dynamic analysis. Changing the rules of the presidential game would change our politics in ways that cannot be predicted, but the word ochlocracy comes to mind. Despots and populist monsters like Hitler come to power through plebiscites. They intimidate or fool the dumbest 51% of the people in the country into voting for them, and they take power. That doesn't happen here precisely because it can't - because 51% of the popular vote won't get it done. You have to get people in varying states with varying interests. You can't just round up the disaffected, the racist, and the stupid and build a majority. Under the compact, that strategy would become disastrously atractive, or at least it might, and that's reason enough to be very afraid of it.
Posted by: Lawrence Kramer at January 27, 2008 07:16 PM
Nathan,
> Schwarzenegger Veto of National Popular Vote Bill
> Keeps Californians Untermenschen
> Thomas Gangale
[ http://www.californiaprogressreport.com/2006/10/schwarzenegger_27.html ]
The path to a national popular vote for US president is only 1 of 3
questions that I would ask you to think about:
1. What are the consequences of the US government downweighting
the 21 most populous states so much in the selection of the US
president that these states' effective loss of population, 64
million people, is greater than the entire population of the rest of
the country, which is only 63 million people? [1]
2. What are the consequences of the US government downweighting the 16
most populous states so much in the US senate that these states' 68%
of the US population only gets 32% of the senate vote? [1]
3. What are the consequences of the US government downweighting the 37
most populous states so much in the US constitutional amendment
process that these states' 95.5% of the population can be blocked by
a plurality of the remaining 4.5% of the population? [1]
And if these consequences are on balance bad, is there any realistic
approach to a work-around? [1]
I look forward to hearing what you think!
Best regards,
Gary Kuhn, Ph.D.
St Martin Systems, Inc.
96 Leigh Avenue
Princeton, NJ 08542-3147
tel: 609 924 6361
[1] www.stmartinsystems.com/070831_US_CofC_education_report_card.htm
www.stmartinsystems.com/070831_US_CofC_education_report_card.pdf
Posted by: Gary Kuhn at March 30, 2008 02:21 AM
The real reason that three Republican governors have vetoed the National Popular Vote bill is that Republicans tend to do better when voter turnout is low. - Making every vote equal would give the people in non-competitive spectator states a reason to vote.
Posted by: Franklin at May 19, 2008 06:09 PM
The current electoral college system actually disenfranchises small states MORE than large states. Take a state like Wyoming. Bush won this state by 69% in the last election. There is absolutely NO reason for either Obama or McCain to campaign there -- Unless McCain pledges allegiance to the devil while eating live puppies and kittens on live tv he will win this state. Sure, California, New York and Texas are also ignored by the candidates, but they cannot be completely ignored (candidates need the money and influence). The only states that benefit from the system are a few "battleground" states, usually (depending on the election) around 4 or 5.
The current system says: If you live in a state that either reliably leans Democratic or Republican, you can safely be IGNORED. If you live in a battleground state, we will pay attention to you.
Posted by: Eric at September 23, 2008 02:45 PM
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