The Real Story

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The Real Story: Changing the Electoral College

Updated September 25, 2006

Earlier in the show we talked about the Geneva convention and the controversy about the rights of U.S. detainees. As a country, we understand that the documents we live by -- little things like the Constitution, the Bill of Rights and, yes, even the Geneva Convention -- form the cornerstone of our society.

So would you be surprised if I were to tell you that the Real Story tonight is that there's a bill just waiting to be signed that has the power to directly usurp the Constitution?

It's true -- and the worst part is that virtually no one is paying any attention to it.

In California, a bill that would commit the state to award their 55 electoral votes in the Presidential election to the candidate with the most popular votes nationwide has already been passed by legislature and is sitting on Governor Schwarzenagger's desk.

If the Governor signs it, which he'd have to do in the next five days -- the real end-run around the Constitution comes next. By relying on a little known device called an "Interstate Compact," each state that ratifies this plan would be bound to the other, almost like a Constitutional amendment. Given that the biggest 11 states make up a majority of the Electoral College vote, this plan could allow the legislatures of just 11 states to bind together and change the entire way we elect our Presidents.

I'm no constitutional scholar, but I am a thinker -- and I sincerely doubt that 11 rogue states banding together is what the framers had in mind.

But with all that said, I don't necessarily think the idea of a popular vote is a horrible one, although I have the same serious reservations about New York and California making all of my decisions that I do with the current system of candidates only campaigning in Ohio and Florida.

My issue isn't with the idea, I'd just like to actually HEAR the arguments.

Our Constitution calls for an Amendment to make a change like this -- something that's failed every time it's been brought up. If our current system is really that bad, then come up with an alternative, make the case to the people, and get the votes you need to change it the right way, not with some back-alley scheme.

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It sounds like the blue states are tired of getting their butts kicked legally, so they play to change the rules to give them more power.

Question for the lawyers. Would something like this pass the Supreme Court?