Divide and Conquer: Presidential Election Law (w/ Dr. Norman Williams)

Deep Dive with Shawn C. Fettig

What if state legislatures could override the popular vote, revolutionizing the American electoral system? What if Donald Trump contests each state election in bad faith? What if Trump demands Congress refuse to certify an election he lost? What if Trump wins and summons mobs into the streets as a show of force? And, how does the American electoral system allow for, even sometimes promote, this type of chaos? In this episode, Dr. Norman Williams, a distinguished law professor at Willamette University and expert on US election law, stops by to discuss the intricacies and vulnerabilities of the Electoral College, as well as other election laws and processes. We examine America's electoral mechanics and uncover why, despite its flaws, this system persists over a straightforward nationwide popular vote. Dr. Williams put the historical "misfires" of the Electoral College into some context, examining past elections where candidates secured the presidency without the popular vote, highlighting the significant political shifts these outcomes create.
We also explore the potential for transformative reform, focusing on initiatives like the National Popular Vote Interstate Compact, which seeks to align the Electoral College with the popular will. And, we consider alternative reforms and the challenges of overcoming entrenched political interests that favor the status quo. With state voting systems and election laws intricately linked to partisanship and race, we discuss how these elements shape electoral dynamics, emphasizing the Supreme Court's complex role in distinguishing between race-based and partisan-based laws.
Finally, we talk about the empowering act of voting and civic engagement. Understanding the weight of each vote becomes crucial in the face of restrictive election laws and voter purges. Highlighting the independent state legislature doctrine's potential impact, Dr. Williams and I reflect on its implications for federal elections and the enduring principles of democracy. Vote like democracy depends on it.

Counterpoint Podcast

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Majestic Earth - Joystock

Kapitler

1. Election Vulnerabilities in American System (00:00:00)

2. Electoral College Misfires and Reforms (00:16:33)

3. State Voting Systems and Electoral Reform (00:21:44)

4. Partisan Impact of Voting Laws (00:31:26)

5. State Legislature Doctrine and Election Vulnerabilities (00:39:22)

6. Historical Influences on American Democracy (00:55:50)

7. Empowerment Through Voting (01:00:09)