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Fritz Feds

Wednesday, April 19, 2006

Revoking the Electoral College's accreditation?

I just read this article by Tara Ross on NRO, and even thinking about it makes my head hurt.  Then again, I am a fan of the electoral college.  Here's the deal:

"This latest anti-Electoral College effort, the Campaign for the National Popular Vote, was announced on February 23. Five states are currently considering the NPV plan: Illinois, Colorado, Missouri, California, and Louisiana. The Colorado state senate acted on the bill quickly, approving it on April 14.

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. The compact would go into effect when states representing 270 electoral votes (enough to win the presidency) have agreed to the compact. The eleven most populous states have 271 electoral votes among them, and could thus make this change on their own. If one populous state failed to enact the plan, it could easily be replaced by a handful of medium-sized states."

Granted, I don't think this NPV will pass in enough states for it to work, but that aside, would this work constitutionally?  On one hand:

"Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress" (Article 2, Section 1)

On the other:

"No State shall, without the Consent of Congress… enter into any Agreement or Compact with another State." (Article 1, Section 10)

Or am I way off base here?    


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