As of now, fourteen states have passed the National Popular Vote Interstate Compact (NPVIC), which attempts to eliminate the Electoral College as set forth in the United States Constitution. There have been many good articles written about the legality of interstate compacts to achieve the desired National Popular Vote goals. The author does not need to rehash all of those problems but believes that there are three additional ways that the NPVIC is both unconstitutional and dangerous.
Constitutional Flaw #1: Non-Republican Form of Government
Article IV, Section 4 of the United States Constitution says in part that “[t]he United States shall guarantee to every State in this Union a Republican Form of Government.” The United States is a constitutional republic, where people elect their senators and representatives at the national level. At the state level, this is copied by every state except for Nebraska, which has a unique unicameral Legislature. A Republican form of government, by its definition, means that people elect representatives to represent them in running the government. This is done so that the people are not encumbered with the daily operations and voting to run the state or federal government.
A fundamental problem with the NPVIC is that it is inherently not a republican form of government for a specific state to select that state’s Electors. Once a state Legislature decides to ask its citizens their preference through a popular vote, there must be a rational basis as to how the vote of the state’s citizens is used to select that state’s electors. It is not rational that the people’s decision could be overruled by the votes of citizens of unrelated states. The following comparison is between two states in the NPVIC who are at the extremes of the Popular Vote Range for the 2016 election…………….
In the 13 presidential elections that the author can remember, he has felt emotions ranging from being thrilled, being happy, being worried, and being disgusted with the results. Since we live in a great country, where honest Americans can have different views, the author is sure that many people felt differently. Unfortunately, the fact that someone doesn’t like who wins specific elections is no excuse for trying to dramatically change the genius of our presidential election system. This paper shows how the NPVIC would not only be unconstitutional in three key ways, but would potentially be dangerous to our nation.