Monday, December 14, 2020
6:50 A.M.
Monday morning Sacramento
under a deep blanket of fog. From the 10th floor of the Citizen
Hotel the city seems a dream, barely here at all. Yesterday’s rain soaked
streets have turned to ethereal suggestions.
Yesterday I caught an Uber
to the airport and flew Southwest Airlines to the State Capitol, leaving sunny San
Diego and dropping into a Sacramento rain storm. Another Uber brought me
downtown to this venerable old hotel three blocks from the State Capitol
building. The forecast says no rain today. Walking will be a delightful relief
from all these back seats and plane aisles.
I am in Sacramento to
serve as one of California’s 55 electors. Nationwide, there are 538 of us.
Established in 1787 at the Constitutional Convention, and advocated for
primarily by James Madison and Alexander Hamilton, the Electoral College was an
awkward compromise between the sheer lunacy of mob rule (the popular vote), and
the equally sheer lunacy of allowing the legislative branch to select the President.
The Electoral College was envisioned to be a rational check on both of those
whirlwinds.
Each state gets as many
electors as they have U.S. House members and U.S. Senators. California, being
exceptionally populous, has 53 House districts and, like every other state, two
Senators – hence 55 electors, the most of any state by a wide margin. I was
granted this honor by my friend Ammar Campa-Najjar, who earned the power to
appoint an elector by being the largest vote-getter in the March 50th
House district primary.
So because today is the
first Monday after the second Wednesday in December, electors are gathering in all
50 states to cast their votes for President and Vice President – the only two
elected officials in America not
elected by popular vote. This, in the United States, is how we elect Presidents,
and it’s how we’ve always elected Presidents for 233 years.
The Constitution,
obsessed as it is with state sovereignty, left the details up to the states –
how electors are selected, and how they vote. Forty-eight states including California
have a winner-take-all approach, where all electors vote for the winner of the
popular vote in that state. Two states, Maine and Nebraska, divide elector
votes up proportionally.
Like I said, there are
538 electors – party luminaries like Bill Clinton, Hillary Clinton, and Stacey
Abrams – and unknowns like me. One thing we all have in common is our
connection to party politics, and our relationships with candidates. The only thing
the Constitution says is electors cannot be federal office holders. Madison and
Hamilton wanted citizens from outside the direct influence of national politics,
but still educated and informed enough about the issues at hand to be rational
actors.
While the idea of
electing the President by popular vote was floated at the Constitutional
Convention, it didn’t get much traction. In 1787 no country on earth elected
their leaders by popular vote – it was an untested, radical novelty. Even today
that method remains exceedingly rare. In 1787 there was no compulsory
education, literacy was low, and there was no widespread journalism or media. Only
one in six Americans could vote – property holding white males. Today, America
is a very different place. Conditions have changed. The old rationale for
having an Electoral College has worn thin. Many see the Electoral College as
fundamentally undemocratic. Take California for example. Biden got 64% to Trump’s
34%. But because of California’s winner-take-all Electoral College policy, all
of California’s 55 Electoral College votes go to Biden. It’s as if those millions
of Trump voters never even existed. And in other big states like Texas and Florida,
the opposite occurred – Trump beat Biden by a few percentage points, but took
all the electors.
Those who defend the Electoral
College point to this very dynamic as its strength – that state’s rights,
especially smaller states, are preserved by this curious process. If we went to
a nationwide popular vote, they argue, a small handful of populous states – California,
Texas, Florida, New York, Pennsylvania, Illinois, and Ohio – would have
disproportionate power effectively erasing the influence of smaller states. The
same dynamic is in play with the US Senate, but that is a conversation for
another time. It’s an argument I’ve never understood – democracy is supposed to
represent people, not tracts of land.
Kowtowing to the autonomy
of states was the only way the framers of the Constitution could get the
colonies to band together into a fledgling nation. But now, it seems a costly
anachronism that warps and distorts the noble aim of all democracies – to represent
the will of all the people.
Still, abolishing the Electoral
College would require a Constitutional amendment – a Herculean undertaking.
In a few hours I will
walk the three blocks to the State Capitol to cast my elector vote, not as a
singular citizen (I already did that in November), but as a representative of
the 700,000 people of the 50th district. I vote on their behalf, not
my own. Fortunately, California chose the ticket I chose – Joe Biden and Kamala
Harris – so this will be painless.
6:05 P.M.
Long, amazing day. And
now I’m sitting in Sacramento International Airport waiting to board my 7:15
Southwest flight back home to San Diego. Today was truly historic – politically
and personally.
This morning the rain stopped,
and in its place a cold, thick blanket of fog. After breakfast I went out for a
walk and promptly got lost. I thought…never mind what I thought. I was wrong.
After ten minutes of no Capitol in sight I consulted the Google Maps app, and
soon the storied dome loomed into view. I walked around the grounds which were
mostly barricaded from a rough summer of democracy on the streets. As in many
large American cities, quite a few downtown storefronts are still boarded up –
vast sheets of plywood bearing spray painted editorials, portraits of George Floyd,
and the phrases seared into all our minds: Justice for Brionna, Black Lives Matter,
I Can’t Breathe. Police cruisers sat parked and empty at the main entrances to
the State Capitol like robot sentries – reminders to behave yourself. I spotted
my entrance, made a mental note, and headed back to the hotel with a Starbucks
flat white warming my hand. My thick grey tweed Ted Baker pea coat was doing
good work – it was a bracing 40 degrees in the damp morning shadowed streets.
Back in the hotel I
showered and dressed for the big event. Priya Sridhar, the political reporter
from NBC 7/39 in San Diego, emailed me for an interview. Sitting on the bed I
did a quick Zoom with her on my iPhone as the morning light outside grew
brighter and the fog began to lift.
I will never be able to
explain what happened next. I mean on one hand it was all rather ordinary. One
thing happened after another with proficient regularity. But beneath the surface
of this bureaucratic process, or perhaps all around it, was an unmistakable air
of gravitas. Buildings like this are filled with ghosts and the focused
yearning of 40 million Californians. We were there for all of them, for their
dreams and longings. The loftiest endeavors of men and women – to govern
themselves with wisdom and reason and decorum and dignity – that collective
yearning informed everything here, from the architecture to the carpet. The
California State Capitol was built for days like these.
We entered the building at
1:00 and began the check-in. Medical grade masks, temperature checks, TSA-style
security screening, enforced social distancing, long walks down long corridors,
and one-by-one elevator rides to the California State Assembly chamber. It was a
grand space with Corinthian columns, coffered ceiling, ornate molding, pleated
drapery, and desks with a weathered feel – this is a working room, not a
museum. All presided over by a towering portrait of Abraham Lincoln.
After being escorted to
my assigned desk, and before the proceedings began, I slipped out and walked
the halls of our State’s Capitol.
The
Capitol dome, like all domes, is based on the Pantheon in Rome, commissioned by
Emperor Hadrian and dedicated in 126 C.E. Rife with Platonic symbolism and archetypal
radiance, grand domes like this bridge the gulf between heaven and earth.
Looking up into their vast, luminous space – it takes your breath away – you feel
yourself lifting off of your feet, swept up in a conviction that more is
possible than you ever thought possible. Domes do what they’re supposed to do –
remind you that here, in this secular cathedral, we're trying to do something
damn near impossible – to bring the eternal imperative of Natural Law to bear
on the temporal world of human endeavor; to mold chaos into order; to wield
reason and persuasion in the service of a noble aim – the nudging of our
imperfect union ever closer to perfection. It is our tireless work. Lives and
souls depend on it.
I slipped back into my
seat in the Assembly Chamber a few minutes before the gaveling at 2:00. The
room was filling up. A few of us said hi and nodded – congeniality was
challenging with the masks and distancing. And besides – something about the
room and what we were about to do shushed you and put you in a mood.
Each of us found at our
desk several pieces of paper: a program, an oath, and two paper ballots – one with
the name Joseph R. Biden of Delaware, Democrat, and the other with the name Kamala D.
Harris of California, Democrat. After a few opening remarks, we rose to our
feet, put our hands on our hearts, and recited the Pledge of Allegiance. I don’t
think I’ve said that out loud since grade school. I remembered it. Then we were
all sworn in, raising out right hands and repeating our oaths: “I do solemnly
swear that I will defend the Constitution of the United States and the Constitution
of the State of California against all enemies foreign and domestic, that I
will bear truth faith and allegiance to the Constitution of the United States
and the Constitution of the State of California, that I take this obligation
freely without any mental reservation or purpose of evasion, and that I will
well and faithfully discharge the duties upon which I am about to enter.” A
fleeting thought crossed my mind – Donald Trump took this oath too.
After that, we elected a
chair person by voice vote, California Assemblywoman, head of California’s Legislative
Black Caucus, and fellow elector Shirley Weber. She took the podium and said a
few words. Then we voted by signing our names on the two ballots. First for Joe
Biden, and then for Kamala Harris. The votes were collected and counted.
When Shirley Weber
announced the vote total, “55 votes for Joseph R. Biden, Democrat” the solemn
decorum of the room broke as we leapt up and erupted in cheers. And when a few
minutes later the second vote total was announced, “55 votes for Kamala D. Harris,
Democrat,” the room exploded again into boisterous cheering. Some of us were
crying. It felt like a dam broke.
My phone began to light
up – thanks, congratulations, and screen shots of us on CNN, MSNBC, and more.
The networks were broadcasting our vote live because California’s 55 votes put
the Biden-Harris ticket up over 270, locking in victory. This final nail in the
coffin of the Trump Era.
I think that’s why we
were all yelling and cheering – the sheer relief of the concrete act of sending
Trump packing. Of putting a Black woman in the White House. Of fulfilling the
will of the people, not appeasing a petty autocrat and his fact-free followers.
Of participating in a Constitutional process crafted 233 years ago by James
Madison, Alexander Hamilton, and others on that long, hot summer in 1787. Of
officially bringing an end to the rein of a petty tyrant. These last four years
had been an unending carnival of upended protocols, shattered norms, and worse
– far worse. To participate in something so sane, reasonable, and sober was in
a strange way utterly intoxicating.
Now I’m on the bus – a
bus built by Boeing that flies at 39,000 feet and gets me to San Diego in an
hour. Soon I’ll be home, quarantined yes, but home.
When we adjourned we poured
out into the cold, sparkling, bright Sacramento winter afternoon and scattered
back to our ordinary lives. I walked slowly to the Citizen Hotel, savoring each
step in the new world we helped create. In the lobby I took a call from my
friend Chip Franklin for a quick interview on his drive time KGO AM San
Francisco radio show. It felt good sharing this powerful experience with that
great city.
I played a very small
part of a very big thing – a peaceful transition of power, guided by reason and
the group conscience of the people. I will always remember how today felt.
Thank you Ammar for that phone call.