Jeff Jacoby on Electoral College

The Boston Globe has this column by Jeff Jacoby in its July 16 issue. Jacoby attacks the National Popular Vote Plan in a piece that is not analytical. He talks grandly about the need for avoid “tyranny of the majority”. The tyranny of the majority is checked by the U.S. Constitution, which protects minorities from having their rights abridged by a popular majority. The problem of the tyranny of the majority has nothing to do with the electoral college. The problem with the electoral college is that sometimes it gives us a “tyranny of the minority.” As bad as tyranny of the majority is, tyranny of the minority is even worse.

The sole issue in the Electoral College debate is whether the U.S. should use a system in which the person who comes in second can take office, instead of the person who comes in first. No one can really defend that idea that the person who comes in second should take office, so proponents of the existing system always try to change the subject and rely on emotion instead of analysis.

Jacoby tries to pooh-pooh the problem with the 2000 election. He says the difference between Gore’s popular vote and Bush’s popular vote was “miniscule.” The margin was 537,179 votes, a number that is not “miniscule.” In 2000, there were 10 states which cast fewer votes for president than 537,179: Alaska, Delaware, Hawaii, Idaho, Montana, North Dakota, Rhode Island, South Dakota, Vermont, Wyoming, as well as D.C.

Dean Barkley Will Run in Minnesota U.S. Senate Race

On July 15, the Minnesota deadline for filing for the primary, Dean Barkley filed in the Independence Party primary for U.S. Senate. Another Independence Party member, Jack Ulrich, also filed for the seat, so the party will have a contested primary. Barkley was the U.S. Senator for Minnesota for a few months in late 2002, after Senator Paul Wellstone was killed.

Barr Submits Oklahoma Petition in Person, Announces Lawsuit

On July 15, Bob Barr held a press conference in Oklahoma City to denounce the state’s ballot access laws, and to say that he is about to file a lawsuit against the independent presidential procedure. He also turned in 9,488 signatures on an independent petition.

No one has appeared on the ballot as an independent presidential candidate in Oklahoma since 1992. According to the U.S. Supreme Court in Storer v Brown, an independent candidate petition procedure that is rarely used is probably unconstitutional. Also, Oklahoma seems to have little interest in making independent presidential ballot access difficult, since Oklahoma requires no signatures at all for independent candidates for other office. Yet in Anderson v Celebrezze, the U.S. Supreme Court said that states have less interest in keeping presidential candidates off their ballots, than candidates for other office. This is because a presidential election is of concern to the entire nation. Here is a link to the Tulsa World’s coverage of the Barr press conference.

Constitution Party Lacks Sufficient Money to Petition in Arizona, Connecticut, and New Hampshire

The Constitution Party has decided that it cannot afford to get on the ballot for president this year in Arizona, Connecticut, and New Hampshire. Maine is in doubt. However, the party still hopes to be on the ballot in 41 states. The other states that party doesn’t expect to be on are: Georgia, Indiana, North Carolina, Oklahoma, and Texas.