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To: Will88; stylin19a
"There is no honest way to pretend that changes in the Electoral College should not require a constitutional amendment. "

This is how it's described by the organization that is putting this farce together..

Under the U.S. Constitution, the states have exclusive and plenary (complete) power to allocate their electoral votes, and may change their state laws concerning the awarding of their electoral votes at any time. Under the National Popular Vote bill, all of the state's electoral votes would be awarded to the presidential candidate who receives the most popular votes in all 50 states and the District of Columbia. The bill would take effect only when enacted, in identical form, by states possessing a majority of the electoral votes—that is, enough electoral votes to elect a President (270 of 538).

I don't know how this could be described as anything other than subversion. The states (in this instance, the leftist elements of the state legislatures) are getting together to create extra-constitutional agreements to specifically undermine a constitutional provision.

15 posted on 06/23/2010 9:32:14 PM PDT by OldDeckHand
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To: Will88; stylin19a

I would add, this additionally subverts the Constitution because it’s not even requiring that 3/4ths of the States (as prescribed by the Constitution) ratify changes to these de facto changes to the Constitution. It’s just requiring that they get 270 of 538 electoral votes.


18 posted on 06/23/2010 9:36:35 PM PDT by OldDeckHand
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To: OldDeckHand
If enacted, the NPV bill would create an interstate compact among consenting states. Each participating state would agree to allocate its entire slate of electors to the winner of the national popular vote.

That from the author's link to her previous article on this subject:

I think that scheme is clearly unconstitutional. The Electoral College gives each state a presidential vote for each senator and house member they have. A main purpose, or probably the main purpose, of the EC is to preserve the philosophy that underlies the allocation of seats in Congress: that representation should be part based on population, and part based on location/regional/state interests. The House is based on population, and the Senate is based on unique state interests.

The EC was intended to reflect that same weighting of interests and power as is reflected in the allocation of seats in Congress. Any scheme to get around that and make presidential elections purely a popular vote should definitely be unconstitutional. Their scheme eliminates the constitutionally mandated weighting of power.

If they wanted to cast two electoral votes for the winner of their state's popular vote, then allocate the rest based on how many votes each candidate got in their state, that would probably be constitutional. But casting a state's votes based on how the national popular vote went is nonsense, and is clearly intended to skirt the weighting requirement in the constitution. If every state did that, then the candidate with the most popular votes would receive 100% of the electoral votes.

47 posted on 06/24/2010 5:37:39 AM PDT by Will88
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