Law Commons^™

More Thoughts On The Compact Clause And The National Popular Vote: A Response To Professor Hendricks, Derek Muller

Derek T. Muller

This article briefly responds to three of the more salient issues noted by Professor Hendricks in her article "Popular Election of the President: Using or Abusing the Electoral College?, 7 ELECTION L.J. 218 (2008). First, I establish that the Supreme Court actually would enforce the requirement of congressional consent for the Compact under its current jurisprudence according to the "Political Consent" Compact Clause. Second, I define a "political compact," not merely in terms of the topic or type of the compact, but in terms of its function as a compact that tends to enlarge the power of some states at …

The Compact Clause And The National Popular Vote Interstate Compact, Derek T. Muller

Derek T. Muller

Despite previous historical failed attempts to abolish the Electoral College at the federal level, in the months following the 2000 election, several lawyers, politicians, and academics concocted a novel plan to abolish the College at the State level. The National Popular Vote Interstate Compact would be enacted State by State and require each enacting State to give its electoral votes to the winner of a plurality of the national popular vote.

This Article does not attempt to address the merits or drawbacks of the system as a matter of policy. Instead, Part I begins with a brief history of the …