Electoral college should ignore Lessig
Reading this exchange between law profs disappoints me. [1] [2] [3] [4] [5]The decision Bush v Gore cites the same principle as Lessig, that our system is based on "one person one vote". But it uses that argument to explain why votes should not be changed once they are cast:
Having once granted the right to vote on equal terms, the State may not, by later arbitrary and disparate treatment, value one person's vote over that of another.Lessig cites the principle of "one person one vote", but in a new and novel way. He applies in an arbitrary way that devalues some of the votes that have already been cast. Specifically, he claims that votes cast for state electors should now be re-valued as direct votes for a candidate.
The United States isn't a union of people. It's a union of states. It says so right in the name. Compromises between the power of the states and power of the people have been with us for forever. That's why states get two Senators regardless of size, but Representatives to the House are assigned proportional to population. The Presidential Continue reading