11 December 2016
The president-elect has so far lost the popular vote by nearly 3 million votes 1, run a campaign that obviously benefitted from the direct meddling of Russian intelligence services, and who’s business interests are so convoluted that every past White House ethics lawyer says he will unavoidably be in violation of the emolument clause in the U.S. Constitution immediately he takes his oath of office.
In addition the president-elect appears to believe, much as Richard Nixon did, that by the very nature of the office the president is above the law, that the president-elect can not have a conflict of interest simply because he would be president. 2
That being the case, and the fact the intent of the Electoral College was to specifically thwart the possibility of a charismatic tyrant manipulating public opinion and coming into power 3, shouldn’t the electors vote Clinton into office this coming Monday?
You lay out a solid argument for the electoral college to turn to Clinton, though you elided the notion of ‘poor administration of government.’ It is a lesser known purpose of the Electoral College: “…the true test of a good government is its aptitude and tendency to produce a good administration…” and the electors should be “…able to estimate the share which the executive in every government must necessarily have in its good or ill administration.” 4
There can be no doubt that the president-elect has shown with his cabinet picks –plutocrats and political naïfs all–, not to mention his storied bankruptcies, that he would not be a good steward of the government.
So, yes, the Electoral College should take all of this into consideration and not confirm the Manchurian President-elect.
However you ignore the fact that the GOP will do anything to grab and keep power; they would never select Clinton. Moreover, the electors were hand picked by their state parties based on loyalty to that party, not common sense. 5 6
Which, I suppose, is just another way of saying the Trump’s electors from Oklahoma are not interested in solemn deliberation: They just want to keep fracking, earthquakes in Kansas and Missouri aside.
No, the best you could hope for is the House of Representatives ending up picking someone like Pence, Kasich, or perhaps even Paul Ryan. Or perhaps the House of Representatives will override the Electoral College override and the Manchurian president-elect anyway.
Our advice? Just bend over and spread ’em.
Generalissimo Francisco Franco
- Which in 19 states (should) automatically trigger a recount. ↩
- If you think this trivial, imagine ANY Democrat taking the same position, especially Clinton. Right – the screaming from the GOP and alt-right media would be deafening. ↩
- Federalist #68. ↩
- Again, Federalist #68. ↩
- Though there seem to be exceptions. ↩
- Which is undoubtedly why a couple of lawsuits have been brought in order to free electors in 29 states from requirements that they vote for the candidate who won their state’s popular vote. ↩