Nancy Chi Cantalupo and Judith E. Koons, Barry University School of Law
No matter how one interprets the proper purposes and history of the Electoral College, if the electors who make up the 2016 Electoral College want to vote based on either Constitutional or democratic principles—and not just political expediency or blind obedience—they must vote for Hillary Clinton to be President of the United States. If the Electoral College instead proceeds as it has in the modern era, it will elect Donald Trump, who represents, at best, a minority of voters.
Trump lost the popular vote to Clinton by over 2.8 million as of early December, but because of the way the Electoral College now works, 80,000 votes in three states were decisive. All three of these states have faced demands for a recount, an effort funded by nearly 140,000 donors skeptical about the integrity of the original vote count at least in part due to significant, credible evidence that a hostile foreign government engaged in cyberattacks to sway the election in favor of Trump.
A portion of this minority has already proven itself tyrannical in a very real way. In the few weeks since the election was “called” on November 9th, nearly 900 hate crimes have been directed at immigrants, members of the LGBT community, people of color, Muslims, and women. Over 180 of these crimes have taken place in K-12 schools.
But the hateful threats and violence perpetrated by this minority of the minority are not the only way an Electoral College vote for Trump would enable a “tyranny of the minority.”