Various members of the Electoral College are now publicly encouraging each other to change their votes, so that popular vote winner Hillary Clinton will become President instead of Donald Trump. Recounts are about to get underway in multiple states to investigate numerous inconsistencies and irregularities which may have improperly handed Trump is extraordinarily unlikely path to Electoral College victory despite having lost by more than two million votes. And now a leading Constitutional scholar is making a Constitutional argument for why the Electors should elect Clinton.
Lawrence Lessig, a Harvard Law School Professor who is such an expert in the field of U.S. Constitutional law that he was once portrayed on the television show The West Wing as helping a fictional nation draft a Constitution based on that of the United States, has published a lengthy op-ed in the Washington Post. Lessig makes the historical case that in a circumstance such as the one being faced in 2016, the Founding Fathers who crafted the Constitution would have wanted the current Electoral College to go with the will of the people.
“The question they must ask themselves is whether there is any good reason to veto the people’s choice,” Professor Lessig explains of what the 2016 Electors are now facing. His conclusion: “There is not.” Considering that Hillary Clinton got more than two million votes more than Donald Trump, Lessig believes that Clinton becoming the President was the express will of the people, and that the Electoral College should make it happen. Lessig is not necessarily a supporter of Hillary Clinton. He briefly ran against her in a failed 2016 Presidential campaign of his own. He simply believes that the will of the people should be the determining factor when the Electoral College holds its vote next month, and as he states, the people chose Clinton.
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