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September 16, 2025

It’s been a long couple of weeks. As the Supreme Court clears the way for racial profiling during immigration raids, Trump is gearing up to send National Guard troops to Memphis. The Trump administration is ignoring the rule of law, and our constitutional system is under incredible strain. 

 

I created Democracy Docket in 2020 to be a pro-democracy source of accurate information, news and analysis about what is happening to voting, elections and democracy. It is even more important now to pay attention to the threats facing our democracy and take steps to protect it.

 

Things may be scary, but your questions have made one thing clear: there are people out there who are ready to be in the fight. Your questions give me hope, they give me energy, and they make me think. Thank you for asking them. I will continue to answer.

 

Now let’s get into it.

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Q: Please explain why we still need the Electoral College. It seems by getting rid of the Electoral College would eliminate gerrymandering maps and the popular vote would determine the elections.

 

 — Anonymous 

 

A: In short, we don’t. The Electoral College was the product of a political compromise and distrust in the general public. Recall that under the Electoral College system, state legislatures were given the power to select the state’s electors. While every state eventually moved to a popular vote, that was not its original design. 

 

Also, the Electoral College was designed to put disproportionate award power to states with less population. Over time, these population differences have only increased. And the Electoral College makes less sense. 

 

In two out of the last seven elections, the candidate who won the popular vote lost the Electoral College and the presidency. This includes Donald Trump in 2016. This not only silences the will of the voters, but creates a massive disconnect between public opinion and the outcome of the election. 

 

The Electoral College also dissuades candidates from appealing to the entire country. Instead, they target voters in only a handful of so-called swing states – leaving the majority of voters effectively as bystanders to the give and take of the political campaign.

 

To completely abolish the Electoral College and award power back to the people, we would need to pass a constitutional amendment. This would require the consent of two-thirds of Congress and three-fourths of the states. This is unlikely anytime soon. The Electoral College favors Republican states — something they are very aware of — and they are in no rush to relinquish their power. 

 

However, there is a movement to form an interstate compact among states whereby they would agree to pledge their electors to the candidate who wins the overall popular vote. 

 

As for gerrymandering, it is likely to survive any changes to the Electoral College. The good news is that Congress can, on its own, ban the practice and require states to draw fair districts. Democrats tried to enact this reform in 2022, but Republicans blocked it.

Q: Gov. Pritzker has basically said that if the troops Trump has sent to Chicago step over the line (legally), he will take them to court. What actions would constitute stepping over the line?

 

 — Anonymous 

 

A: I don’t want to speak for Gov. Pritzker, but I assume he means that if the president sends National Guard troops to a state without the consent of the governor, he will file a lawsuit. Certainly, if the troops are used for policing purposes, it would violate federal law. Gov. Newsom took the Trump administration to court for exactly such actions and won. If Trump sends troops to Chicago, I’m sure Gov. Pritzker would as well.

Q: I’m a law professor. What would you say to law students today about the rule of law, the courts, and how we should evaluate how law is applied?

 

— Jennifer 

 

A: First of all, thank you. It can’t be easy being a law professor at a time when the law is being turned on its head. However, I think this is a teachable moment for law students — and all of us. Our laws are only as strong as the government’s willingness to enforce them. That’s an important lesson. Without an executive who abides by checks and balances, without a Congress that’s willing to stand up and without a Supreme Court that follows precedent, our laws are just words on a page.

 

I think this is an important lesson for future lawyers. It’s one thing to work within the law when people are operating in good faith — it’s another to defend it when people are trying to tear it down. We need good lawyers now more than ever before. Thank you for aiding them in the fight.

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