The Los Angeles Times has published an editorial arguing that the Electoral College shouldn’t be allowed to choose the next U.S. president, on the grounds that it is unconstitutional.
Needless to say, Kenneth Jost’s argument is a very bold one, since the Constitution explicitly creates the Electoral College and describes how it works; the system was even refined with the 12th Amendment. But Jost, an adjunct professor at Georgetown University Law Center, says that’s no barrier to having the Supreme Court abolish the Electoral College by fiat.
“The electoral college is enshrined in the Constitution, but that doesn’t necessarily make it constitutional,” Jost argues. Small states are too protective of the Electoral College to approve an amendment abolishing it, he says, so the only reasonable possibility is to have the Supreme Court intervene and declare it illegal. – READ MORE