Legal commentator, Elie Mystal, has raised the alarm over the Electoral College, asserting that it provides President Trump with an unfair advantage in the upcoming election. Mystal argues that despite potentially losing the popular vote, President Trump could still secure a second term through the Electoral College. This article will delve into Mystal’s analysis and examine the implications of the Electoral College system on the 2020 election.
The Electoral College: A Path to Trumps Victory Despite Losing the Popular Vote
The Electoral College was established as a compromise between those who favored direct popular election of the president and those who preferred selection by the legislature. The system gives each state a number of electoral votes equal to its number of senators and representatives in Congress. The candidate who wins the most electoral votes wins the presidency, even if they lose the popular vote. The Electoral College has been criticized for giving disproportionate weight to small states and for making it possible for a candidate to win the presidency without winning the popular vote. It has also been argued that the Electoral College encourages candidates to focus their campaigns on swing states, which are states that are closely divided between the two major parties. This can lead to neglect of other states, which may have different needs and priorities.
Unpacking Elie Mystals Assessment of the Electoral College
Elie Mystal’s Assessment
Elie Mystal, a renowned legal analyst, has warned that the Electoral College system could allow Donald Trump to “steal” the election even if he loses the popular vote. Mystal argues that Trump could win the presidency if he succeeds in flipping a small number of swing states, such as Florida, Pennsylvania, and Wisconsin. He emphasizes that these states have a combined electoral vote of 74, which could put Trump over the 270-vote threshold needed to win the presidency, despite losing the overall popular vote. Mystal’s assessment highlights the potential flaws and inequities of the Electoral College system, which has drawn criticism for its ability to produce outcomes that diverge from the popular will.
Understanding the Electoral Colleges Influence on the Presidential Election
Under the Electoral College system, a candidate can win the presidency without winning the popular vote by capturing enough electoral votes to reach the 270-vote threshold. This system has historically favored candidates from less populous states. For instance, in the 2016 election, Donald Trump lost the popular vote by nearly 3 million votes but won the presidency by securing a majority of electoral votes. Critics of the Electoral College argue that it gives disproportionate influence to small states and can lead to outcomes that are not reflective of the will of the majority. They also note that it is a relic of a bygone era when communication and transportation were more difficult and it was more challenging for candidates to campaign effectively in large states.
Reforming the Electoral College to Ensure Democratic Representation
First, we need to repeal the Electoral College and go to the popular vote. Duverger’s law explains that the Electoral College oversimplifies elections and provides incentives for candidates to focus only on a handful of swing states, leaving voters from safely red and blue states largely ignored throughout the campaign. This needs to be reformed so that all’s votes count.
Concluding Remarks
Elie Mystal, a prominent political commentator, has expressed concerns about the possibility of Donald Trump employing the Electoral College to maintain power despite losing the popular vote in the 2020 election. While Mystal’s concerns are valid, it’s important to recognize that this sort of electoral outcome is a consequence of the United States’ unique electoral system, which was developed under very different circumstances than today.