Plot Twists abound: I have been avoiding continuing to blog about the minutiae of Trump transition team and general Democratic reaction to it. I have been avoid this because it is droll, complicated, and I want to see how everything plays out. However, recent events have let me to write on what I am seeing as a dangerous trend in progressive circles.
You can’t save wonktopia with wonks in the security sector of the executive giving vague releases. The CIA’s consensus view that Russia was election tampering has been picked up with a confluence with the faithless elector argument. Podesta and the White House seem trying to expand the argument by having a report given to the Electors. The issues with using an anti-democratic institution to restore a popular vote without either legislative, judicial, or state oversight should be obvious as it creates precedents that literally violate several state constitutions and statutes on faithless electors, tries to bypass the one function of the electoral college to favor another function, and does nothing to address that legislative and state (and probably judicial) would have absolutely no incentive to government with a Clinton executive.
The compromise elector is to the install a moderate Republican as a compromise, but in light of the CIA’s supposed revelation, there is an urgency to do something. Most progressives favor Kiasch or Rubio being installed, which would be interesting in so much that almost no one voted them and would destroy the primary/caucus process that is a province of the states. If they put in Clinton as the executive, it would be worse.
The problems is that Electoral College is anti-democratic but it keeps large swaths of the country from feeling like they have no federal recourse. In Latin America, where no such institutions existed in the post-Revolutionary Republics both rightists and far leftists in non-metropoles were kept out, and the results were either a quasi-dicatotorships like the PRI in Mexico or lots of civil wars like most of Central and South America. Without the states having more representation of urban areas and without significant work at state level, this use of executive and procedural power that Wonktopians have become addicted to since 1960s, risks empowering their opponents more and more as well.
Furthermore, the claims are thin: The Democrats are asking the entire country to embrace faithless electors off of a statement by the CIA prompted by a President of the opposing party that has not proven anything but illegal release of true documents and possible theft of RNC data. IF there is vote hacking or manufactured documents, then we need to know. We don’t know that. The Democrats are essentially asking for a anti-democratic institution to save democracy from an election where a foreign power may have done agitprop and that is so far all we have evidence for. The FBI seems hesitant to endorse the claims as well.
The kinds of constitutional crisis this can provoke as serious, and while it is a stretch to imagine civil war immediately, the use of executive procedures would prompt popular revolt in most of the states and would lead to pressure for amendments to the constitution and a possible backlash against Democrats in the next congressional election period whereas such an election would traditionally favor Democrats if prior history is an indication. This would be effectively risking killing most of the structures of the Republic t0 save the popular legitimacy of the Republic. It either looks desperate and doomed, or like crossing the rubicon.
Either way, it would make progressives complicit in their supposed worse fears of constitutional crisis.