Lawrence Lessig Quotes
Winner take all does not exist in the Constitution. It's a restriction imposed on the electors by the states.
Lessig, Lawrence. "The Constitution lets the electoral college choose the winner. They should choose Clinton." The Washington Post, 24 Nov. 2016.
The University Presidents had written to the American Public arguing that the German aggression was the result of the militarists in the German society dominating the people and pushing them to war. They argued that most German people were not really responsible. Lamprecht took exception and argued that the German policy was the democratic will of the majority of the German people. He claimed that Germany at the time was more of a de facto democracy than America—as the Untied States did not have a Voting Rights Act or any way of de facto ensuring that all citizens could vote—particularly Negroes in the South. While he was accurate about the voting aspects of a democracy, Germany neither had the Constitution nor a judiciary that was independent and co-equal to the executive and legislature, but Germany did not have the institutions with democratic traditions. The greatest embarrassment to modern Germans is that Adolf Hitler was actually elected by a majority of Germans and was very popular until things in Germany started to go poorly. This quotation is very important in that it shows the importance of a Constitution to limit the powers of even a popularly elected government.
Commenting on national political conventions:
Al Gore had substantially won the popular vote but needed Florida to win the electoral vote. There had been a series of vote counting irregularities with many people being denied the right to vote to the point that no one was sure who had won Florida. The election moved from the ballot box to the courts and the Florida Supreme Court ruled that there should be some recounts in areas where Bush had supposedly won. The Bush forces and the Republicans appealed to the Supreme Court where the judges all reversed their traditional positions to support the party who had nominated them. Liberals who usually voted to have the Federal government override the states, voted for Florida to be upheld. Conservatives who usually supported the right of the States to decide such things without Federal Interference, voted to overturn the State Supreme Court. There were 5 Republicans and 6 Democrats and George W. Bush won the election by one judge’s vote.
This quotation illustrates the "winner take all" conceopt of many political cultures that call themselves and think of theselves as a democracy. But a true democracy does not allow a tyranny of the majority--especially a very narrow minority.
Lester Lawrence Lessig III is an American academic, attorney, and political activist. He is the Roy L. Furman Professor of Law at Harvard Law School and the former director of the Edmond J. Safra Center for Ethics at Harvard University. Lessig was a candidate for the Democratic Party's nomination for president of the United States in the 2016 U.S. presidential election, but withdrew before the primaries.
