called “circumstances favorable to deliberation.” But the electoral college as Hamilton envisaged it hasn’t existed for most of American history.
Fortunately, several justices indicated that they were loath to hand down a ruling that would upset the long-established understanding of the electors’ role. Justice Brett M. Kavanaugh asked during the in the Washington case whether the court ought not to be guided by what he called “the avoid-chaos principle of judging.”But shouldn’t the justices rule not on pragmatic grounds but on the basis of what the Constitution requires? Of course, but the original overarching goal of the Constitution was to entrust states to appoint electors in whatever manner their legislatures saw fit.
The alternative is a situation in which electors could be lobbied to vote for a candidate who didn’t carry their state — conceivably the winner of the national popular vote but just as likely someone else, as occurred in these cases. Twice in the recent past the electoral college has installed in the White House candidates who lost the national popular vote. That’s why this editorial page has called for its abolition. As a stopgap measure, we also have
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