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To: Publius
The National Popular Vote compact doesn’t go nto effect until enough states sign up to make 270 electoral votes. It’s not in effect.

Constitutionally, no interstate compact can go into effect unless approved by Congress.

The Compact Clause (Article I, Section 10, Clause 3) of the United States Constitution provides that "No State shall, without the Consent of Congress,... enter into any Agreement or Compact with another State, or with a foreign Power,..."

35 posted on 10/30/2020 11:16:34 AM PDT by CA Conservative (Texan by birth, Californian by circumstance)
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To: CA Conservative
All very true. And the "republican form of government" clause in Article IV could come into play.

However, the NPV people argue that the plenary power given to the state legislatures to choose electors as contained in Article II could permit the legislatures to allocate electors any way that the legislature chooses, to include the winner of the "national popular vote," even though that term is nowhere defined in the Constitution or statute law.

37 posted on 10/30/2020 11:20:43 AM PDT by Publius ("Who is John Galt?" by Billthedrill & Publius available at Amazon.)
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