Episode 65: One Person, One Vote? (2024)

Guests: Paul Finkelman & Maximina Juson

Episode 65: One Person, One Vote?
Jonathan Hafetz with Paul Finkelman & Maximina Juson

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The Electoral College is one of the most consequential—and perhaps least understood—features of the American constitutional system. Americans often think of themselves as voting for president, but technically they vote for electors, through a system created at the founding that was deeply intertwined with slavery and that continues to shape where candidates campaign, whose votes matter most, and even whether the candidate who receives the most votes becomes president. Those questions became especially pressing after the elections of 2000 and 2016 and, in a very different way, in 2020, when the machinery of electors and congressional certification became central to an effort to overturn the election. This episode we discuss the 2024 documentary One Person, One Vote?, which aired on PBS’s Independent Lens and which explores the electoral college through its history and through the experiences of four actual electors during the 2020 election. Joining me are Professor Paul Finkelman, one of the film’s main expert historians, and Maximina Juson, the film’s director.

Guest: Maximina Juson

Maximina Juson is an award-winning multidisciplinary artist and filmmaker, and the founder of Humans Understanding Machinery (HUM), a creative studio dedicated to interrogating the machinery of our times while illuminating stories of the misunderstood, overlooked, or erased. A National Endowment for the Humanities grantee, Juson directed the PBS Independent Lens documentary One Person, One Vote?, which reached millions of viewers nationwide and resonated across both pop culture and academia. The film was featured on The Daily Show and covered by Forbes and Deadline, sparking a broader public conversation about democracy and presidential elections.  Juson is also a civic educator and founder of Civics Is Sexy, a culture-driven initiative that uses art, storytelling, film, and media literacy to make civic participation accessible and actionable, particularly for young adults.  With roots as a longtime performing musician, Juson brings rhythm, musicality, and deep cultural fluency to her work, creating projects that are emotionally resonant and accessible without sacrificing complexity.   

Paul Finkelman is a Scholar at Residence at Western New England University School of Law and President William McKinley Distinguished  Professor of Law and Public Policy, emeritus, Albany Law School. He is a specialist in, among other things, American legal history, constitutional law, the history of slavery and the American Civil War. Professor Finkelman is the author or editor of more than fifty books and more than 225 scholarly articles. The U.S. Supreme Court has cited his work in seven decisions, and he has been cited by many other federal and state courts.  His most recent major book is Supreme Injustice: Slavery in the Nation's Highest Court (Harvard University Press). He has taught at numerous universities in the U.S. and around the world. In 2026, he was ranked as the 8th most cited legal historian in American legal scholarship. 


27:58    What makes the Electoral College such an anomaly

33:36   The 2020 election

43:12   The National Popular Vote Interstate Compact

52:46    Why Electoral College reform should be nonpartisan issue

56:53    Looking ahead to 2028


0:00     Introduction

3:45     The origins of the Electoral College

7:12     Telling the story of how the Electoral College works

10:32   Past controversies over the Electoral College

21:53   Slavery, race, and the Electoral College


Timestamps

Further Reading


Guest: Paul Finkelman