Today, The 45th President Will Be Elected

Today, members of the Electoral College will gather in state capitals across the country, cast their ballots for President and Vice-President, and officially bring the 2016 presidential election to a close. Until today, Donald Trump has been only the effective President-elect, having clinched the requisite number of states and pledged electoral votes. After today, presumably, he will become the President-elect as recognized under the Constitution, not just in effect but in legal, constitutional fact.

There have been some well-publicized, though ultimately fruitless, attempts to declare various state laws binding electors to the results of the vote unconstitutional. Many of the attempts—at least publicly—have been made by Democratic electors, rather than the Republican electors pledged to Trump who would have to switch their allegiance for the election to be thrown to the House of Representatives. (Of course, we have no way of knowing what private discussions may have gone on between those Republican electors.)

Comparing this attempt to “free the electors”, to the summertime movement to “free the delegates” at the RNC to vote their conscience, is a natural contrast to make. But the circumstances are much different. Then, Trump was a candidate, the presumptive nominee of the Republican Party who had a history of liberal policy positions, troublesome statements about a multitude of groups, and every expectation of losing to Hillary Clinton come November. Conservatives and Republicans alike had every reason to oppose his official nomination.

Now, that history remains the same, but he has been elected President by more than 60 million people, and deserves both a chance to prove himself and some measure of respect. In addition, state laws and party rules governing the binding of political party delegates to certain candidates were and are legally suspect. But the Constitution, which does not address party politics, clearly says that states may award electoral votes as they see fit, including by binding electors to the results of the statewide vote.

And, even assuming that thirty-seven electors pledged to Trump switch their votes today—unlikely, to say the least—all this would achieve would be to force the House to make the final decision, in early January. Republicans hold a majority of state delegations, and many have been comforted by Trump’s recent Cabinet picks. One way or another, Donald Trump will be the 45^th President.

These efforts add yet more drama to the election season many thought was over, and turn what is normally a boring, formal affair into a drama worthy of House of Cards. A fitting way to close out the year.