The Curious Lawyer: The Electoral College and the “Death” of Democracy

Is democracy dying? Do we need a new constitutional convention? Can a state secede? Is Rome burning?!! The questions everyone talks about are explored by looking at the electoral college system, and other legal aspects of our Constitution, to assess how it works, why we have it, and if it is actually driving a breakdown in constitutional functioning today. With an interview with Erwin Chemerinsky, Dean of UC Berkeley School of Law on his 2024 hit book, No Democracy Lasts Forever, this episode of the Curious Lawyer takes you on a quest to learn about the electoral college, how the Supreme Court has confronted it over the last two centuries, and the breakdown in the 21st century between popular vote and electoral victories. With stops along the way on the 2025 brewing battles between the Executive and Judiciary, a look at the arguments related to the constitutionality or lack thereof of secession, this fun, dynamic program will you challenge your ideas about the fragility of our Constitution.