Jonathan Turley warns midterms could empower Democrats to target Electoral College
Midterm results and power shifts
The article says Democrats’ midterm gains, including new governors, have encouraged hopes of securing enough states for a compact that would effectively nullify the Electoral College. It also notes that the Republican loss of roughly 46 seats is smaller than losses experienced by several earlier presidents: Franklin Delano Roosevelt lost 79 seats, Barack Obama 69, Harry Truman 68 and Bill Clinton 54. It says Obama later won a second term after major losses.
A broader constitutional agenda
The author says academics and pundits have discussed major changes to the political system for years. The proposals described include ending the filibuster, adding the District of Columbia and Puerto Rico as states, and expanding the Supreme Court. The article attributes to Harvard professor Michael Klarman an agenda intended to ensure Republicans “will never win another election.” It says Klarman warned the Supreme Court could strike down such measures, and argues that court-packing would need to come first.
Compact faces legal barriers
The article says Democrats are unlikely to win a veto-proof majority and would need a president who supports court-packing, state additions and other constitutional changes. Former federal prosecutor Andrew Cherkasky said the compact would face constitutional barriers and require congressional approval to succeed. The report says its proponents aim for it to take effect by 2028.
Why the Electoral College matters
The article says the Framers designed the Electoral College to prevent large-population states from dominating smaller ones. It describes the system as a way to make presidential candidates consider small-state interests and protect political minorities. The article repeats this explanation while discussing Democrats’ possible compact, framing the effort as a challenge to those protections.
Key points
- Democrats’ midterm gains have raised hopes of assembling states for an Electoral College compact.
- The author argues that the Electoral College protects small states and political minorities.
- The article describes proposals to add states, end the filibuster and expand the Supreme Court.
- Andrew Cherkasky says congressional approval would be required for the compact to succeed.