Democratic National Committee chairman Tom Perez made a curious point in a Tuesday night speech when he declared “the Electoral College is not a creation of the Constitution.” Given the focus of the DNC chief on elections, the misunderstanding of the origin of the electoral college is a bit like a chief of police not knowing that warrants are required by the Fourth Amendment. To make matters worse, Perez made his statement at the Indiana University Law School. Just for the record, Article II of the Constitution states “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress.”
Perez added “It doesn’t have to be there.” That last point is a bit hard to track. I have been a long critic of the electoral college, but the only way to get it out of “there” would be a constitutional amendment.