Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Publius

But, if they based the appointments on the result from any others States and according to a previous agreement, that is an interstate pact (treaty) subject to Congressional approval.


625 posted on 02/16/2020 11:12:43 AM PST by Cletus.D.Yokel (Men: We live one day at a time and scratch where it itches.)
[ Post Reply | Private Reply | To 621 | View Replies ]


To: Cletus.D.Yokel

I think that’s a hugely valid point about interstate compact/treaty etc.

However, functionally, therefore what? Would go to the Supreme Court? What are the odds then?


629 posted on 02/16/2020 11:16:21 AM PST by WaltStuart (Lord, God, please protect President Trump, family, Q-Team et al 1,000%)
[ Post Reply | Private Reply | To 625 | View Replies ]

To: Cletus.D.Yokel; WaltStuart
If we're talking about the National Popular Vote Compact (NPV), there are two factors to weigh.
  1. Congress must approve all interstate compacts. The proponents of NPV claim that this would not apply to the NPV because of the plenary power of state legislatures to choose electors. They may be right. This is something the Supreme Court would have to untangle.
  2. Article IV, Section 4 of the Constitution guarantees a republican form of government to the states. Is it "republican" to assign electoral votes to a candidate who did not win the state's popular vote? Again, we run into the plenary power of state legislatures being the final authority to assign presidential electors. The Supreme Court would have to weigh in to untangle this mess.

If Trump wins in a landslide of the popular vote, the NPV will quietly disappear.

630 posted on 02/16/2020 11:21:48 AM PST by Publius ("Who is John Galt?" by Billthedrill & Publius available at Amazon.)
[ Post Reply | Private Reply | To 625 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


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