The National Popular Vote Plan is an initiative to effectively abolish the Electoral College without a constitutional amendment. A number of state legislatures have already adopted an agreement in which participating states would allocate their electoral votes to the winner of the national popular vote, rather than the winner of the popular vote in their state. The agreement would go into effect when states with a total of more than the 270 electoral votes (the number required to win a presidential election) have adopted the agreement. Is this not an agreement.... an interstate compact that requires the approval of Congress? What this entire plan is a way of attempting to avoid having to pass a constitutional amendment to get rid of the Electoral College. Because constitutionally, that is what would be required.
Why are you hell bent on fixing something that isn't broken? And why are you willing to use such a tactic that avoids the Constitutional remedy?
My conclusion is this, you are a Constitution Shredder. You are no different than those who judge shop for activist judges to overturn the vote of a people within any state over certain issues. Like what the 9th Circus Court of Appeals did to the voters in California over Gay Marriage. Or like what the left did by judge shopping to get abortion to the Supreme Court at a time when left political appointees were in the majority to force the law onto the people when the majority were against it then and today the majority are still against it. You are among the group that have no appreciation for the Constitution and therefore always looking for backdoor ways to change it.
The indefensible reality is that more than 99% of campaign attention was showered on voters in just ten states in 2012- and that in today's political climate, the swing states have become increasingly fewer and fixed.
Where you live should not determine how much, if at all, your vote matters.
The current state-by-state winner-take-all method of awarding electoral votes (not mentioned in the U.S. Constitution, but since enacted by 48 states), ensures that the candidates, after the conventions, will not reach out to about 80% of the states and their voters. Candidates have no reason to poll, visit, advertise, organize, campaign, or care about the voter concerns in the dozens of states where they are safely ahead or hopelessly behind.
National Popular Vote changes nothing in the Constitution.
The Electoral College is now the set of 538
dedicated party activists, who vote as rubberstamps for presidential candidates.
National Popular Vote does not abolish the Electoral College.
When the bill is enacted by states with a majority of the Electoral College votes-- enough Electoral College votes to elect a President (270 of 538), all the ELECTORAL COLLEGE votes from the enacting states would be awarded to the presidential candidate who receives the most popular votes in the country. A majority of the Electoral College would elect the President.
The U.S. Constitution says "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors . . ." The U.S. Supreme Court has repeatedly characterized the authority of the state legislatures over the manner of awarding their electoral votes as "plenary" and "exclusive."
The normal way of changing the method of electing the President is not a federal constitutional amendment, but changes in state law. The U.S. Constitution gives "exclusive" and "plenary" control to the states over the appointment of presidential electors.
Historically, virtually all of the previous major changes in the method of electing the President have come about by state legislative action. For example, the people had no vote for President in most states in the nation's first election in 1789. However, now, as a result of changes in the state laws governing the appointment of presidential electors, the people have the right to vote for presidential electors in 100% of the states.
The normal process of effecting change in the method of electing the President is specified in the U.S. Constitution, namely action by the state legislatures. This is how the current system was created, and this is the built-in method that the Constitution provides for making changes. The abnormal process is to go outside the Constitution, and amend it.
Congressional consent is not required for the National Popular Vote compact under prevailing U.S. Supreme Court rulings. However, because there would undoubtedly be time-consuming litigation about this aspect of the compact, National Popular Vote is working to introduce a bill in Congress for congressional consent.
The U.S. Constitution provides:
"No state shall, without the consent of Congress,… enter into any agreement or compact with another state…."
Although this language may seem straight forward, the U.S. Supreme Court has ruled, in 1893 and again in 1978, that the Compacts Clause can "not be read literally." In deciding the 1978 case of U.S. Steel Corporation v. Multistate Tax Commission, the Court wrote:
"Read literally, the Compact Clause would require the States to obtain congressional approval before entering into any agreement among themselves, irrespective of form, subject, duration, or interest to the United States.
"The difficulties with such an interpretation were identified by Mr. Justice Field in his opinion for the Court in [the 1893 case] Virginia v. Tennessee. His conclusion [was] that the Clause could not be read literally [and this 1893 conclusion has been] approved in subsequent dicta."
Specifically, the Court's 1893 ruling in Virginia v. Tennessee stated:
"Looking at the clause in which the terms 'compact' or 'agreement' appear, it is evident that the prohibition is directed to the formation of any combination tending to the increase of political power in the states, which may encroach upon or interfere with the just supremacy of the United States."
The state power involved in the National Popular Vote compact is specified in Article II, Section 1, Clause 2 the U.S. Constitution:
"Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors…."
In the 1892 case of McPherson v. Blacker (146 U.S. 1), the Court wrote:
"The appointment and mode of appointment of electors belong exclusively to the states under the constitution of the United States"
The National Popular Vote compact would not "encroach upon or interfere with the just supremacy of the United States" because there is simply no federal power -- much less federal supremacy -- in the area of awarding of electoral votes in the first place.
In the 1978 case of U.S. Steel Corporation v. Multistate Tax Commission, the compact at issue specified that it would come into force when seven or more states enacted it. The compact was silent as to the role of Congress. The compact was submitted to Congress for its consent. After encountering fierce political opposition from various business interests concerned about the more stringent tax audits anticipated under the compact, the compacting states proceeded with the implementation of the compact without congressional consent. U.S. Steel challenged the states' action. In upholding the constitutionality of the implementation of the compact by the states without congressional consent, the U.S. Supreme Court applied the interpretation of the Compacts Clause from its 1893 holding in Virginia v. Tennessee, writing that:
"the test is whether the Compact enhances state power quaod [with regard to] the National Government."
The Court also noted that the compact did not
"authorize the member states to exercise any powers they could not exercise in its absence."
