It might be crazy to expect a high government official to speak the truth. It might be crazy to believe that government policy will be something more than the handmaiden of the most powerful interests. It might be crazy to argue that we should preserve a tradition that has been part of our tradition for most of our history -- free culture. If this is crazy, then let there be more crazies. Soon.
The Electoral College is a project that calls on their judgment. If we don't like it, we can talk about how to eliminate it. I'm not quite convinced we should eliminate it completely. I think it's important to have a final check be somebody other than the Supreme Court. But given that it's there, we should take it seriously. And taking it seriously says they should exercise their judgment according to the moral values, the principles that are part of our constitutional tradition today. And those principles say equality.
The value of "one person, one vote," the value of equality, is a value that was given to us more than 50 years ago as a central part of our constitutional tradition. So, under that principle, we ought to be applying the same standard today that I would have said we should have applied a year ago.
Creativity builds upon the public domain. The battle that we're fighting now is about whether the public domain will continue to be fed by creative works after their copyright expires. That has been our tradition but that tradition has been perverted in the last generation. We're trying to use the Constitution to reestablish what has always been taken for granted--that the public domain would grow each year with new creative work.
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