Impetus For An Amendment?

Yglesias, commenting on the stupid rule for resolving electoral college ties, notes that “there’s no good reason to wait until after something stupid happens to pass a constitutional amendment to change it.” This is true, but alas probably unrealistic. What I wonder is whether a scenario in which Obama loses the popular vote but wins the electoral college would actually create enough support for an amendment giving the U.S. an electoral system consistent with a 21st century democracy. It’s not as if it favors small states that much, but who knows. There is some precedent for amendments correcting the most obvious screw-ups in the system after they’re revealed, but they don’t clearly benefit the interests of a minority of states the way the electoral college does.

The bigger problem here, of course, is the onerous supermajority amendment requirements in Article V. In general, this hasn’t been as big an issue as it might because constitutional norms have evolved in ways that constitute de facto amendments. And in a sense the electoral college is no exception; starting 1800 a norm that the president should be popularly elected has been in effect, and make the electoral college replicate a democratic vote as closely as possible. But, as has been demonstrated in this decade these norms can’t fully close the gap, and the institution really ought to be abolished by constitutional amendment. Barring elections in close sucession in which a candidate from each party gets screwed, though, I don’t see it happening.