Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Raymann
I don’t see this lasting beyond an election where a Republican wins the popular vote and Massachusetts has to give all its electoral votes to the Republicans.

The problem is that I haven't seen an exit clause in the compact. There is no provision for dropping out once the compact is fulfilled.

What happens if one state were to drop out, and then that reduces the compact to less than 270 votes? Is the compact now nullified? Do the other states (compacting or not) go to the Supreme Court to force the dropping state to remain?

-PJ

12 posted on 04/24/2014 11:27:28 AM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
[ Post Reply | Private Reply | To 8 | View Replies ]


To: Political Junkie Too

Honestly, I don’t see how you could stop a state from dropping out of such an arrangement if they so choose. The Constitution is quite clear that states can select members of the Electoral College using any method that they choose. Further, interstate compacts without the permission of Congress are unconstitutional. Therefore, the only way to make the national popular vote laws constitutional would be to characterize them as being implemented solely on a state-by-state basis, voluntarily by individual states. IOW, each state would pass a law stating that their electoral votes would go to the national popular vote winner and that this change would only be implemented upon passage of similar laws in enough states to yield a total of 270 or more electoral votes. There would be no legal basis to compel a state that passed such a law to actually adhere to it.


14 posted on 04/24/2014 11:44:38 AM PDT by stremba
[ Post Reply | Private Reply | To 12 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson