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.
Reforming The Electoral College: Federalism, Majoritarianism, And The Perils of Sub-Constitutional Change
Filed Under: Uncategorized, Electoral College
Policy Memorandum: National Popular Vote
This memo dispells several popular myths surrounding the National Popular Vote Interstate Compact (NPV), which is quietly being signed onto in state legislatures across the country.
Filed Under: Uncategorized, Electoral College, Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District Of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
Legal and Logistical Ramifications of the National Popular Vote Plan
This article concerns the legislative proposal of a California-based group, National Popular Vote, Inc. (NPV), which, if approved, will essentially eliminate the Electoral College in lieu of a nationwide popular election. In this article, the author addresses numerous logistical and constitutional problems that will inevitably be the subject of litigation if a significant number of states approve the NPV compact.
Filed Under: Uncategorized, Electoral College, California, District Of Columbia, Hawaii, Illinois, Maryland, New Jersey, Rhode Island, Vermont, Washington
Rules for Radical Election Change
The Center for Competitive Politics is pleased to offer this guest blog post by Tara Ross
“Keep the pressure on, with different tactics and actions, and utilize all events of the period for your purpose. . . . [M]aintain a constant pressure upon the opposition.“
Straightforward advice from a liberal icon of a bygone era. Saul Alinsky doubtless intended to change the world, but one has to wonder if even he would be surprised at how far his “Rules for Radicals” have strayed from their roots in local Chicago politics. Today, some of his principles even seem poised to eliminate an institution that was once thought to be untouchable without a constitutional amendment: the Electoral College.
Perhaps Alinsky would not be surprised at the rapid changes that have overtaken our nation in the past few years. Multiple crises have been generated. The opposition has been hit from many angles, simultaneously. No one can focus on or respond to everything at once. And now, in the midst of health care debates, financial regulatory changes, climate and energy crises, and massive tax and spending conflicts, arrives a little-noticed effort to turn the Electoral College into a relic of history, threatening to effectively nullify part of the Constitution if action is not taken to defend it.
Filed Under: Blog, Electoral College
Will Massachusetts and New York Join the Effort to End-Run the Constitution?
Some people seem intent on bending the rules—even constitutional rules—as far as they possibly can. And then some. They continue as long as they can make any kind of argument that they did not technically break the rules. Cracks, bruises, unintended consequences: any casualty is acceptable as long as they achieve their objective. For some, perhaps it is a grab at political power. For others, it is just a fun intellectual game. In either case, it is a destructive mindset that could undermine our republican democracy.
The latest of these battles is against the Electoral College. This effort began innocently enough several years ago when a few law professors were doing what some might say they do best: engaging in mental gymnastics, apparently just for the fun of it. Or maybe as a part of a continuing effort to see who can outdo the other, coming up with imaginative ways to legally do something that was supposed to be illegal. Could they come up with a way to eliminate the Electoral College without actually amending the Constitution?
Filed Under: Blog, Electoral College, Massachusetts, New York
A Critique of the National Popular Vote Plan for Electing the President
In this policy briefing, John Samples analyzes the shortcomings of the National Popular Vote Interstate Compact (NPV), which, if enacted by states possessing a combined total of 270 electoral votes, would result in the direct election of the president of the United States, essentially nullifying the Electoral College. As of September 2011, the NPV Compact has been passed by the legislatures of 9 different states, totaling 132 electoral votes, or 49% of the electoral votes needed to activate it. Among a broad swath of issues, Samples examines how the NPV Compact diminishes federalism, broadens electoral disputes by nationalizing them, and fails to provide any security against states withdrawing from the Compact at any time. Above all, the policy briefing argues that states that candidates disregard now will continue to be disregarded under the NPV Compact. As such, Samples urges states not to join onto the agreement.
Filed Under: Uncategorized, Electoral College, California, District Of Columbia, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, Vermont, Washington