Why Hillary Clinton should be winning

Now consider the delegate count and its connection to the popular vote. In Nevada, Clinton also won a popular majority, despite pressure from union officials on the rank and file attending the caucuses to vote for Obama. Yet Obama claims, on the primary electoral map posted on his official Web site, that he actually won Nevada -- presumably because rules that gave greater weight to rural than urban votes mean he won a marginal edge in the Byzantine allotment of the state's delegates. Why, in deference to the clear-cut Nevada popular majority, doesn't Obama cede the majority of the state's delegates to Clinton? Because, according to the rules, he's entitled to those delegates. But why are the rules suddenly sacrosanct and the popular vote irrelevant? Might it be because the rules, and not the popular vote, now benefit Obama? And what about Texas, another state where Clinton won the popular vote but has not been awarded the majority of pledged delegates? Once again, for Obama, the rules are suddenly all-important -- because the rules, and not the popular majority, now favor him.

Obama's totals thus far have come in great part from state caucuses nearly as much as from actual primaries. (Eleven out of the 30 states and other entities he has won held caucuses, not primaries. Washington held both, as did Texas, where Obama won the caucuses and lost the popular vote.) Of the two systems, caucuses are by far the less democratic -- which may be why there will be exactly zero caucuses in this fall's general election. By excluding voters who cannot attend during the limited times available, the caucuses skew participation toward affluent activists and students, and against working people, mothers and caregivers, and the military. Clinton's victories, by contrast, have come overwhelmingly in states with primaries, not caucuses. Obama is certainly entitled to the delegates he won in the caucuses. But he can hardly, on that account, claim that he is clearly the popular favorite.

In 2004, Democrats lost most of the states where Obama's delegates come from now. The Democrats are likely to lose most of those states again in 2008, no matter how much his supporters speak of winning crossover votes. (Idaho and Wyoming, for example, where Obama won caucuses, are not going to vote for either Clinton or Obama come fall.) Of the remaining states that Obama has won, only one is a large state with a considerable number of electoral votes -- his home state of Illinois. Clinton has won the popular vote in all of the other large states -- and has done so in primaries, not caucus decisions. The arithmetic here is simple: Because of the flawed system, the delegates from the states that Obama has won, many of which vote strongly Republican, represent far fewer Democratic voters than those from the states Clinton won.

Finally, there is the disquieting question of acknowledging what kind of democracy will determine who wins the presidency in 2008. Strong arguments could be made that, in a thoroughgoing democracy, voters choose presidents with a direct, plebiscitary system. The candidate who commands a majority (or, perhaps, a plurality) of the popular vote nationally wins the election. But, interesting as they might be as an academic exercise, such musings are irrelevant to the politics of 2008. We have a winner-take-all system, but it operates on a state-by-state basis (except in Maine and Nebraska, where it's winner-take-all by congressional district). Like it or not, we will choose the president under the indirect and fractured democracy of the Electoral College.

Obama has tried to reinforce his democratic bona fides by asserting his superior electability, and by claiming that Clinton's supporters are more likely to back him in November than vice versa. The polls, however, show otherwise. And even more important, the polling data on the electoral vote totals show an outcome very different from the one suggested by Obama. The latest state-by-state figures (as of late March) updated from SurveyUSA, indicate that if the election were held today, Clinton would defeat McCain in the Electoral College because of her lead in big, electoral-vote-rich states such as Florida, Ohio and Pennsylvania -- and McCain would beat Obama.

In the final analysis, though, the fights inside the Democratic Party aren't really about either an ideal American democracy or the American democracy that actually exists. According to the Obama campaign, democracy is defined as whatever helps Barack Obama win the Democratic nomination. There is nothing intrinsically wrong with a candidate arguing this way. But everybody should see it for what it is -- not something new or transformative, but one of the oldest ploys in the playbook of American politics.