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The Compact Clause And National Popular Vote: Implications For The Federal Structure, Robert M. Hardaway, Tara Ross
The Compact Clause And National Popular Vote: Implications For The Federal Structure, Robert M. Hardaway, Tara Ross
Sturm College of Law: Faculty Scholarship
The Electoral College is a vital part of the Founders' federalist Constitution. NPV pretends to be in line with this federalist structure, but its claims are disingenuous. In reality, NPV would destroy the federalist nature of the presidential election process. A system that today operates as a combination of democracy and federalism would change: It would instead operate as pure democracy. This change from federalism to pure democracy would be made even if a majority of states disapproved. As a policy matter, eliminating federalism from the presidential election process will have many practical consequences that make such a change inadvisable. …