Reforming The Electoral College: Federalism, Majoritarianism, And The Perils of Sub-Constitutional Change

In this paper, Norman R. Williams, Professor of Law and Director of the Center for Law and Government at Willamette University, explores the efforts of opponents of the Electoral College to secure passage of the National Popular Vote Compact (NPVC). If passed by enough states amounting to a majority of electoral votes, the NPVC would go into effect, ensuring the election of our President by the national popular vote. Williams argues that the NPVC is an unnecessary and dangerous reform that could have disastrous consequences for our republic. He points out that the NPVC has huge flaws that could make electoral “misfires” much more common, risking a broken electoral system. Through his research, Williams makes it clear that the NPVC is a sub-constitutional agreement that risks the integrity of the Constitution and should be rejected.