ruth bader ginsburg at a conference
Ruth Bader Ginsburg speaks at the European University Institute. European University Institute/Flickr.

Those who believe the Electoral College should be preserved may have found an unlikely ally in Supreme Court Justice Ruth Bader Ginsburg. 

In a speech recently at the University of Chicago, Ginsburg pushed back against progressives who want to do away with the Electoral College.  In her own words Ginsburg made it clear that abolishing the Electoral College is mostly a theoretical argument “because our Constitution is … hard to amend.”  

In order to amend the Constitution, there has to be a two-thirds majority vote in both the House of Representatives and the Senate or a constitutional convention called for by two-thirds of the state legislatures. 

However, this constitutional roadblock isn’t stopping many progressives from trying to replace the Electoral College with a national popular election. There has been a push by fourteen states and the District of Columbia to implement a  National Popular Vote interstate compact. This would obligate states’ electors to the winner of the national vote, disregarding the will of the voters from each state. While this maneuver is very un-Democratic, these fourteen states carry 189 electoral votes and need only a few more states to bypass the Constitution.  

Despite these attempts to circumvent the Electoral College, progressives may have suffered a severe setback courtesy a member of their own party. Nevada Governor Steve Sisolak just vetoed legislation that would have enrolled Nevada in the compact. 

And a recent federal court ruling has been damaging as well. The 10th District Court of appeals argued that the Colorado secretary of state violated the Constitution during the 2016 election when he removed an elector who refused to cast his ballot for Democrat Hillary Clinton, who received a majority of the popular vote both nationally and in Colorado. 

The elector’s aim was to convince enough members of the Electoral College to unite behind an alternative candidate and deny Donald Trump the presidency. 

The Denver appeals court ruled that the electors have an absolute right to vote for the candidates of their choice instead of obeying the will of voters in their states. 

In the end, I hope when Trump wins in 2020, and by a landslide, so we can be rid of progressives trying to end-run the Constitution because they can’t win elections on their ideas and platforms.  

They want to blame Russia, Trump and their voters instead of looking in the mirror and recognizing Trump is president because Democrats failed to connect with the electorate.  

There is no popular movement for banning straws, taking away your guns, or taxing middle-class people so illegal immigrants can get healthcare — not to mention banning meat or regulating where you travel.  

The left wants to be rulers. They don’t like representative democracy. 

While I’m not a fan of Ruth Bader Ginsburg, I respect that she believes in the Constitution and rule of law and squash this silliness of abolishing the electoral college.  


Jeffery McNeil is a vendor and columnist for Street Sense Media.