Unintended consequences, you betcha! - Jeff Jacoby explains how the National Popular Vote compact aims to circumvent 200+ years of American democracy with a Constitutional end-run in "Massachusetts for Palin?"
Here's my guess: when the time comes for the Massachusetts electors to cast their vote for Sarah Palin, Beacon Hill will engineer a deus ex machina "emergency" legislation to reverse a law that goes against their political interests.
"Any member state may withdraw from this agreement, except that a withdrawal occurring six months or less before the end of a President’s term shall not become effective until a President or Vice President shall have been qualified to serve the next term."
Any attempt by a state to pull out of the compact in violation of its terms would violate the Impairments Clause of the U.S. Constitution and would be void. Such an attempt would also violate existing federal law. Compliance would be enforced by Federal court action
The current system of electing the president ensures that the candidates, after the primaries, do not reach out to all of the states and their voters. Candidates have no reason to poll, visit, advertise, organize, campaign, or care about the voter concerns in the dozens of states where they are safely ahead or hopelessly behind. The reason for this is the state-by-state winner-take-all rule (not mentioned in the U.S. Constitution, but now used by 48 states), under which all of a state’s electoral votes are awarded to the candidate who gets the most votes in each separate state.
Presidential candidates concentrate their attention on only a handful of closely divided “battleground” states and their voters. In 2008, candidates concentrated over two-thirds of their campaign events and ad money in just six states, and 98% in just 15 states (CO, FL, IN, IA, MI, MN, MO, NV, NH, NM, NC, OH, PA, VA, and WI). Massachusetts (the 13th largest population state, with 12 electoral college votes) and 19 of the 22 smallest and medium-small states (with less than 7 electoral college votes) were not among them. Over half (57%) of the events were in just four states (Ohio, Florida, Pennsylvania and Virginia). In 2004, candidates concentrated over two-thirds of their money and campaign visits in five states; over 80% in nine states; and over 99% of their money in 16 states, and candidates concentrated over two-thirds of their money and campaign visits in five states and over 99% of their money in 16 states.
Two-thirds of the states and people have been merely spectators to the presidential elections.
A survey of 800 Massachusetts voters conducted on May 23-24, 2010 showed 72% overall support for the idea that the President of the United States should be the candidate who receives the most popular votes in all 50 states.
Voters were asked
‘How do you think we should elect the President: Should it be the candidate who gets the most votes in all 50 states, or the current electoral college system?’
By political affiliation, support for a national popular vote was 86% among Democrats, 54% among Republicans, and 68% among others. By gender, support was 85% among women and 60% among men. By age, support was 85% among 18-29 year olds, 75% among 30-45 year olds, 69% among 46-65 year olds, and 72% for those older than 65.
Massachusetts voters were also asked a 3-way question:
‘Do you prefer a system where the candidate who gets the most votes in all 50 states on a nationwide basis is elected President, or one like the one used in Nebraska and Maine where electoral voters are dispensed by Congressional district, or one in which all of the state’s electoral votes would be given to the statewide winner?’
The results of this three-way question were that 68% favored a national popular vote, 16% favored awarding its electoral votes by congressional district, and 16% favored the existing statewide winner-take-all system (i.e., awarding all of a state’s electoral votes to the candidate who receives the most votes statewide).
see http://www.NationalPopularVote.com
With National Popular Vote, votes cast in Massachusetts for the Republican presidential candidate will be counted towards his or her national total. Republican votes for president will matter and be counted in ‘blue states’ and Democratic votes will matter and be counted in ‘red states.’
State-by-state winner-take-all laws to award electoral college votes were eventually enacted by 48 states AFTER the Founding Fathers wrote the Constitution, .
The Founding Fathers only said in the U.S. Constitution about presidential elections (only after debating among 60 ballots for choosing a method): "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."
Neither of the two most important features of the current system of electing the President (namely, universal suffrage, and the 48 state-by-state winner-take-all rule) are in the U.S. Constitution. Neither was the choice of the Founders when they went back to their states to organize the nation's first presidential election.
In 1789, in the nation's first election, the people had no vote for President in most states, Only men who owned a substantial amount of property could vote.
In 1789 only three states used the state-by-state winner-take-all rule to award electoral votes.
There is no valid argument that the winner-take-all rule is entitled to any special deference based on history or the historical meaning of the words in the U.S. Constitution. The current 48 state-by-state winner-take-all rule (i.e., awarding all of a state's electoral votes to the candidate who receives the most popular votes in a particular state) is not mentioned in the U.S. Constitution, the debates of the Constitutional Convention, or the Federalist Papers. The actions taken by the Founding Fathers make it clear that they never gave their imprimatur to the winner-take-all rule.
The constitutional wording does not encourage, discourage, require, or prohibit the use of any particular method for awarding the state's electoral votes.
As a result of changes in state laws enacted since 1789, the people have the right to vote for presidential electors in 100% of the states, there are no property requirements for voting in any state, and the state-by-state winner-take-all rule is used by 48 of the 50 states. Maine and Nebraska currently award electoral votes by congressional district -- a reminder that an amendment to the U.S. Constitution is not required to change the way the President is elected.
The normal process of effecting change in the method of electing the President is specified in the U.S. Constitution, namely action by the state legislatures. This is how the current system was created, and this is the built-in method that the Constitution provides for making changes.
..."Only men who owned a substantial amount of property could vote."...
Lets bring that back. Anyone paying all those school taxes, town and county fees and taxes and all the other niggling bites at the wallet that property owners get, ought to have the big say. That puts people with skin in the game back making decisions.
So how do all these states get around Art I , Section 10 of the Constitution, requiring Congressional approval for agreements between the States?
Also, Toto stated "Any attempt by a state to pull out of the compact in violation of its terms would violate the Impairments Clause of the U.S. Constitution and would be void. Such an attempt would also violate existing federal law. Compliance would be enforced by Federal court action."
When and where would this speedy Federal Court action take place if the "withdraw" took place after the election but before the Electors voted?
Also, are you saying a FEDERAL COURT would determine who the electors of a state would be in such a case? THAT sounds Constitutional.
Of course, this whole thing is just an attempt to make an end run around the Constitution anyway. No matter how fair or unfair the current system is, that is the way it is set up. If you want to change it, amend the Constitution.
Congressional consent is not required for the National Popular Vote compact under prevailing U.S. Supreme Court rulings. However, because there would undoubtedly be time-consuming litigation about this aspect of the compact, National Popular Vote is working to introduce a bill in Congress for congressional consent.
The U.S. Constitution provides:
"No state shall, without the consent of Congress,… enter into any agreement or compact with another state…."
Although this language may seem straight forward, the U.S. Supreme Court has ruled, in 1893 and again in 1978, that the Compacts Clause can "not be read literally." In deciding the 1978 case of U.S. Steel Corporation v. Multistate Tax Commission, the Court wrote:
"Read literally, the Compact Clause would require the States to obtain congressional approval before entering into any agreement among themselves, irrespective of form, subject, duration, or interest to the United States.
"The difficulties with such an interpretation were identified by Mr. Justice Field in his opinion for the Court in [the 1893 case] Virginia v. Tennessee. His conclusion [was] that the Clause could not be read literally [and this 1893 conclusion has been] approved in subsequent dicta."
Specifically, the Court's 1893 ruling in Virginia v. Tennessee stated:
"Looking at the clause in which the terms 'compact' or 'agreement' appear, it is evident that the prohibition is directed to the formation of any combination tending to the increase of political power in the states, which may encroach upon or interfere with the just supremacy of the United States."
The state power involved in the National Popular Vote compact is specified in Article II, Section 1, Clause 2 the U.S. Constitution:
"Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors…."
The National Popular Vote compact is, first of all, a state law. It is a state law that would govern the manner of choosing presidential electors. A Secretary of State may not ignore or override the National Popular Vote law any more than he or she may ignore or override the winner-take-all rule that is currently the law in 48 states.
A state legislature cannot, under either the current system or the National Popular Vote plan, change the state's method of awarding its electoral votes during the five-week period between the day when the people cast their votes for President in early November and the day when the Electoral College meets in mid-December.
I love how Toto says that "Congressional approval is not required."
Tell me Toto, if the States all got together under a compact and agreed that "whoever wins a coin toss made upon election day wins all our electors," that would seem to be Constitutional under your argument.
Or if you believe the above is not right, why is it not right? Under your argument "Congressional consent is not required" for such a compact and "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors."
11 comments:
Liberals constantly get bit on the ass by unintended consequences.
"Any member state may withdraw from this agreement, except that a withdrawal occurring six months or less before the end of a President’s term shall not become effective until a President or Vice President shall have been qualified to serve the next term."
Any attempt by a state to pull out of the compact in violation of its terms would violate the Impairments Clause of the U.S. Constitution and would be void. Such an attempt would also violate existing federal law. Compliance would be enforced by Federal court action
The current system of electing the president ensures that the candidates, after the primaries, do not reach out to all of the states and their voters. Candidates have no reason to poll, visit, advertise, organize, campaign, or care about the voter concerns in the dozens of states where they are safely ahead or hopelessly behind. The reason for this is the state-by-state winner-take-all rule (not mentioned in the U.S. Constitution, but now used by 48 states), under which all of a state’s electoral votes are awarded to the candidate who gets the most votes in each separate state.
Presidential candidates concentrate their attention on only a handful of closely divided “battleground” states and their voters. In 2008, candidates concentrated over two-thirds of their campaign events and ad money in just six states, and 98% in just 15 states (CO, FL, IN, IA, MI, MN, MO, NV, NH, NM, NC, OH, PA, VA, and WI). Massachusetts (the 13th largest population state, with 12 electoral college votes) and 19 of the 22 smallest and medium-small states (with less than 7 electoral college votes) were not among them. Over half (57%) of the events were in just four states (Ohio, Florida, Pennsylvania and Virginia). In 2004, candidates concentrated over two-thirds of their money and campaign visits in five states; over 80% in nine states; and over 99% of their money in 16 states, and candidates concentrated over two-thirds of their money and campaign visits in five states and over 99% of their money in 16 states.
Two-thirds of the states and people have been merely spectators to the presidential elections.
A survey of 800 Massachusetts voters conducted on May 23-24, 2010 showed 72% overall support for the idea that the President of the United States should be the candidate who receives the most popular votes in all 50 states.
Voters were asked
‘How do you think we should elect the President: Should it be the candidate who gets the most votes in all 50 states, or the current electoral college system?’
By political affiliation, support for a national popular vote was 86% among Democrats, 54% among Republicans, and 68% among others. By gender, support was 85% among women and 60% among men. By age, support was 85% among 18-29 year olds, 75% among 30-45 year olds, 69% among 46-65 year olds, and 72% for those older than 65.
Massachusetts voters were also asked a 3-way question:
‘Do you prefer a system where the candidate who gets the most votes in all 50 states on a nationwide basis is elected President, or one like the one used in Nebraska and Maine where electoral voters are dispensed by Congressional district, or one in which all of the state’s electoral votes would be given to the statewide winner?’
The results of this three-way question were that 68% favored a national popular vote, 16% favored awarding its electoral votes by congressional district, and 16% favored the existing statewide winner-take-all system (i.e., awarding all of a state’s electoral votes to the candidate who receives the most votes statewide).
see http://www.NationalPopularVote.com
With National Popular Vote, votes cast in Massachusetts for the Republican presidential candidate will be counted towards his or her national total. Republican votes for president will matter and be counted in ‘blue states’ and Democratic votes will matter and be counted in ‘red states.’
State-by-state winner-take-all laws to award electoral college votes were eventually enacted by 48 states AFTER the Founding Fathers wrote the Constitution, .
The Founding Fathers only said in the U.S. Constitution about presidential elections (only after debating among 60 ballots for choosing a method): "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."
Neither of the two most important features of the current system of electing the President (namely, universal suffrage, and the 48 state-by-state winner-take-all rule) are in the U.S. Constitution. Neither was the choice of the Founders when they went back to their states to organize the nation's first presidential election.
In 1789, in the nation's first election, the people had no vote for President in most states, Only men who owned a substantial amount of property could vote.
In 1789 only three states used the state-by-state winner-take-all rule to award electoral votes.
There is no valid argument that the winner-take-all rule is entitled to any special deference based on history or the historical meaning of the words in the U.S. Constitution. The current 48 state-by-state winner-take-all rule (i.e., awarding all of a state's electoral votes to the candidate who receives the most popular votes in a particular state) is not mentioned in the U.S. Constitution, the debates of the Constitutional Convention, or the Federalist Papers. The actions taken by the Founding Fathers make it clear that they never gave their imprimatur to the winner-take-all rule.
The constitutional wording does not encourage, discourage, require, or prohibit the use of any particular method for awarding the state's electoral votes.
As a result of changes in state laws enacted since 1789, the people have the right to vote for presidential electors in 100% of the states, there are no property requirements for voting in any state, and the state-by-state winner-take-all rule is used by 48 of the 50 states. Maine and Nebraska currently award electoral votes by congressional district -- a reminder that an amendment to the U.S. Constitution is not required to change the way the President is elected.
The normal process of effecting change in the method of electing the President is specified in the U.S. Constitution, namely action by the state legislatures. This is how the current system was created, and this is the built-in method that the Constitution provides for making changes.
..."Only men who owned a substantial amount of property could vote."...
Lets bring that back.
Anyone paying all those school taxes, town and county fees and taxes and all the other niggling bites at the wallet that property owners get, ought to have the big say.
That puts people with skin in the game back making decisions.
"Vermont Woodchuck said...
Liberals constantly get bit on the ass by unintended consequences."
Yeah, let's see where this Tea Party fun ride takes the conservatives.
(Something tells me that when a squirrel poops down VW's chimney, he immediately assumes it was a liberal squirrel what done it.)
So how do all these states get around Art I , Section 10 of the Constitution, requiring Congressional approval for agreements between the States?
Also, Toto stated "Any attempt by a state to pull out of the compact in violation of its terms would violate the Impairments Clause of the U.S. Constitution and would be void. Such an attempt would also violate existing federal law. Compliance would be enforced by Federal court action."
When and where would this speedy Federal Court action take place if the "withdraw" took place after the election but before the Electors voted?
Also, are you saying a FEDERAL COURT would determine who the electors of a state would be in such a case? THAT sounds Constitutional.
Of course, this whole thing is just an attempt to make an end run around the Constitution anyway. No matter how fair or unfair the current system is, that is the way it is set up. If you want to change it, amend the Constitution.
Congressional consent is not required for the National Popular Vote compact under prevailing U.S. Supreme Court rulings. However, because there would undoubtedly be time-consuming litigation about this aspect of the compact, National Popular Vote is working to introduce a bill in Congress for congressional consent.
The U.S. Constitution provides:
"No state shall, without the consent of Congress,… enter into any agreement or compact with another state…."
Although this language may seem straight forward, the U.S. Supreme Court has ruled, in 1893 and again in 1978, that the Compacts Clause can "not be read literally." In deciding the 1978 case of U.S. Steel Corporation v. Multistate Tax Commission, the Court wrote:
"Read literally, the Compact Clause would require the States to obtain congressional approval before entering into any agreement among themselves, irrespective of form, subject, duration, or interest to the United States.
"The difficulties with such an interpretation were identified by Mr. Justice Field in his opinion for the Court in [the 1893 case] Virginia v. Tennessee. His conclusion [was] that the Clause could not be read literally [and this 1893 conclusion has been] approved in subsequent dicta."
Specifically, the Court's 1893 ruling in Virginia v. Tennessee stated:
"Looking at the clause in which the terms 'compact' or 'agreement' appear, it is evident that the prohibition is directed to the formation of any combination tending to the increase of political power in the states, which may encroach upon or interfere with the just supremacy of the United States."
The state power involved in the National Popular Vote compact is specified in Article II, Section 1, Clause 2 the U.S. Constitution:
"Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors…."
The National Popular Vote compact is, first of all, a state law. It is a state law that would govern the manner of choosing presidential electors. A Secretary of State may not ignore or override the National Popular Vote law any more than he or she may ignore or override the winner-take-all rule that is currently the law in 48 states.
A state legislature cannot, under either the current system or the National Popular Vote plan, change the state's method of awarding its electoral votes during the five-week period between the day when the people cast their votes for President in early November and the day when the Electoral College meets in mid-December.
I love how Toto says that "Congressional approval is not required."
Tell me Toto, if the States all got together under a compact and agreed that "whoever wins a coin toss made upon election day wins all our electors," that would seem to be Constitutional under your argument.
Or if you believe the above is not right, why is it not right? Under your argument "Congressional consent is not required" for such a compact and "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors."
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