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?
Walt: The NPV is, for all intents and purposes, secession from the Constitution. Absent the “moderation” required to go to the courts/congress for approval, the individual States have seceded.
The NPV is a secession pact not unlike the Confederacy signed by the Southern States.
Publius:: the plenary power of state legislatures to choose electors. ::
That plenary power is truly and rightly, PLENARY. That is to not be influenced or dictated to by any other sovereign government. Yes, each state can assign electors as they see fit BUT they cannot reject the will of their own people and toss them over for the will of another state’s citizens. So, no, that is no longer a Republican form of government.
In that manner, they become (a) tyrannical in their (local) sovereignty and (b) given-over to an outside sovereignty. The State is no longer sovereign and thereby GIVES UP ITS PLENARY POWER. Catch-22.
Again, let’s keep the Southern States circa 1860 in view.