Joho the Blog[liveblog] Hendrik Hertzberg on the quick fix for our Constitutional morass - Joho the Blog

[liveblog] Hendrik Hertzberg on the quick fix for our Constitutional morass

I’m at a Shorenstein lunch talk where Hendrik Hertzberg of the New Yorker is talking about the difficulty of electing a government with the infrastructure we have. The place is packed. HH was one of the very first Shorenstein fellows. When he was here he was covering the 1988 presidential campaign. (I’m sitting immediately behind him, so I will be able to report in detail on the expressiveness of the back of his head.)

NOTE: Live-blogging. Getting things wrong. Missing points. Omitting key information. Introducing artificial choppiness. Over-emphasizing small matters. Paraphrasing badly. Not running a spellpchecker. Mangling other people’s ideas and words. You are warned, people.

He says that we keep thinking that if we could just elect the right president, everything would be fine. We have a cult of presidents. But the problem is in the Constitution. “The machine that elects the president is a machine for disappointment.” You get elected by announcing ideals, not by saying that you’re going to have to engage in a series of ghastly compromises. “So much is due to the Framers, who were at the cutting edge in their day.” He points out that when the Constitution was being framed, framing it was illegal, for we already had the Articles of Confederation that said any changes required a unanimous vote by the thirteen colonies. “We should try to be like them [the Founders] and think boldly about our system,” rather than merely worshipping them.

HH reads some selections from the Framers. First, a letter from G. Washington stating that the Constitution is imperfect but was the best that could be agreed upon; he put his hopes in the process of amendment.

HH says we should be wary of the Federalist Papers. “They were op-eds written to sell a particular compromise.” They’re high-minded and don’t reflect what really happened. E.g., Madison and Hamilton hated each state getting the same number of senators. Hamilton wrote that letting a minority rule would lead to gridlock, compromise, and near anarchy…our current situation, says HH.

We are still told the Electoral College exists to to protect the interests of the smaller states and prevent mob rule. “The truth is that it was adopted in order to protect slavery.” Madison, perhaps half-seriously, suggested that the lower house be elected by vote and that the upper house should be elected with the three-fifths rule. The lower would represent the interests of the citizens and the upper would represent the slave states’ interests, because that was the real distinction. “The Electoral College system was born in sin.”

In 1968, we almost got a Constitutional amendment to get rid of the Electoral College, but it was fillibustered by Sam Ervin.

The National Popular Vote Interstate Compact will change this. (The idea for making this into an interstate compact came from a Stanford computer science prof., John Koza.) The Constitution instructs the states to come up with electors who then vote for the state in the presidential election. The states that support the NPVIC say their electors will vote for whoever wins the national popular vote. It goes into effect when the compacting states add up to 270 votes, which would guarantee that the election goes to the winner of the popular vote. This does not require changing the Constitution. And it’s 60% of the way to happening: 11 states + DC. (Mass. has adopted it.) All eleven states are blue states, but there’s Republican support, although their platform came out against it. New Gingrich is a recent convert. Fred Thompson. Many others.

This reform would be an enormous move toward civic health, HH says. No more battleground states. No more spectator states. It would affect how campaign money is spent, although not how it is raised; it would have to be spent all around the country. It would boost turnout by increasing turnout in the spectator states.

Q: How does this compact ensure the electors keep their promise?

A: It’d be a state law. And it says states cannot withdraw from it during the campaign period.

HH continues. We have a controlled experiment: There are a lot of things wrong with Obama, but we’re not going to get anyone much better. This has made apparent the weaknesses in the system. Our dysfunction is the result of people responding to rewards and punishments built into the system. NPVIC is the “gettable reform.” We could get this one by 2016, although 2020 is more likely. “I’m all for campaign reform, but the Supreme Court stands in the way.”

HH says that NPVIC is a mom-and-pop outfit. He’s hopeful because the state electors have a reason to vote for this, because right now “no one returns their calls.” The focus now is on getting a first red state. If you’re interested in donating money, HH suggests you give to FairVote.


Q: How might this change the geographic location of campaigns? Will this lead to an urban/rural divide? Will Dems campaign more in the North and Reps in the South, thus polarizing us more?

A: That ignores that only 10-15% lives in big cities. [The Census figures are somewhat hard to parse on this. source.] And it would be cost-effective to buy ads in the poorer and less dense parts of the country. “Every single vote is equally worth going after” in this scenario.

Q: Would this shift parties to nominating people more in the mainstream? And what about third parties?

A: The two-party system is essential to a winner-take-all system likes ours. (I’m also in favor of the instant runoff voting reform.) NPVIC gives its votes to the winner of a plurality.

Q: Why isn’t this being talked about more?

A: It’s weirdly hard to grasp. And it can be demagogued against: “So you think you’re smarter than the Framers??” The media will pay more attention once the count gets close to 270.

Q: Even in states that have passed it, nobody knows about it. It looks like a move among political elites.

A: You’re right that nobody knows about it. But people of all parties do favor electing the president by popular vote. The outcome reflects the wishes of the majority of Americans. But, yes, NPVIC is a Rube Goldberg contraption.

Rube Goldberg machine

Q: Have the Tea Party stars — Limbaugh, Beck, etc. — staked out positions?

A: It may have come up for a few minutes, but it hasn’t become a fixture.

Q: The question will be which party is losing more Electoral College votes.

A: Because of 2000, the sense is the Democrats throw away more. In 2004 if 30K votes had shifted in Ohio, Kerry would have won the election while losing the popular vote. [There is a rapid debate about which party throws away more votes. Couldn’t capture it.

Q: Has there been a non-partisan anaysis of this proposal? And why doesn’t the NPVIC campaign have more educational outreach?

A: There has not been much non-partisan analysis, although there’s some. And many governors are directly elected, so I don’t see how much more we need to learn about this. Plus, when you have a quiet, calm conversation with state legislators, they often tend to like it.

Q: Do you worry that linking this movement to others might break apart the coalition?

A: They’re only linked in my mind. “If I had my way, I would translate the German constitution into English and be done with it,” HH says. Americans wrote it. “If the Framers were around now, they’d write that constitution.” “I hope that once this reform kicks in, people will think more about imitating the Framers rather than worshipping them.”

Q: How is political coverage these days?

A: Political coverage tends to ignore the ways in which the hydraulics limit and affect politicians. And since by definition the US Constitution is perfect (we assume), when things go wrong, it must be because of bad people. It’s still basically a morality tale about Good and Bad. You still hear “If only Obama were more like LBJ: get in their and get stuff done” and it drives me nuts. LBJ did that, but he had a huge majority in the House and Senate. When he lost that, he got nothing done. Or, Tom Friedman pushing for a centrist third party, ignoring the fact that we already a centrist party: The Democrats — ignoring that this would make the right the governing party.

Q: Any major figures backing it?

A: I expect Obama and Clinton would be for it, but saying so wouldn’t help. Tying this up with particular personalities can be risky.

Q: Effect on primaries?

A: It wouldn’t affect that directly. They’d want a candidate who can do well in the entire country, not just in the swing states. It would likely cause people to look at the nominating system.

[Next day: I corrected a statement that I’d recorded as certain rather than probabilistic.]

One Response to “[liveblog] Hendrik Hertzberg on the quick fix for our Constitutional morass”

  1. I appreciate, cause I found exactly what I used to be having a look for.
    You have ended my 4 day lengthy hunt! God Bless
    you man. Have a nice day. Bye

Web Joho only

Comments (RSS).  RSS icon