“State-by-state winner-take-all laws to award Electoral College votes, were eventually enacted by states, using their exclusive power to do so, AFTER the Founding Fathers wrote the Constitution. Now our current system can be changed by state laws again.”
Yes, any state can allocate the votes of its electors proportionately (as some now do), instead of winner-take-all. That does not/would not eliminate the electoral college, or eliminate the indpendent choice of the votes of the states’ voters in assigning/allocating their states electors.
The “national popular vote” disenfranchises the voters, replacing what may have been their choice(s), proportionately or “winner take all” with what may in fact be a totally different “choice” simply “prescribed by law”.
It is an attempt to create a legislated de-facto endrun around the Constitution.
It will not be upheld.
National Popular Vote does not/would not eliminate the electoral college. It does not disenfranchise anyone.
Under National Popular Vote, every vote, everywhere, would be politically relevant and equal in every presidential election. Every vote would be included in the state counts and national count. The candidate with the most popular votes in all 50 states and DC would get the 270+ Electoral College votes from the enacting states. That majority of Electoral College votes guarantees the candidate with the most popular votes in all 50 states and DC wins the presidency.
National Popular Vote would give a voice to the minority party voters in each state. Now their votes are counted only for the candidate they did not vote for. Now they don’t matter to their candidate.
With National Popular Vote, every vote, everywhere would be counted equally for, and directly assist, the candidate for whom it was cast.
The Founding Fathers in the Constitution did not even require states to allow their citizens to vote for president.
The Founding Fathers left the choice of method exclusively to the states in section 1 of Article II of the U.S. Constitution— “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors . . .” The U.S. Supreme Court has repeatedly characterized the authority of the state legislatures over the manner of awarding their electoral votes as “plenary” and “exclusive.”