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Full-Text Articles in Law

Circumventing The Electoral College: Why The National Popular Vote Interstate Compact Survives Constitutional Scrutiny Under The Compact Clause, Michael Brody Mar 2012

Circumventing The Electoral College: Why The National Popular Vote Interstate Compact Survives Constitutional Scrutiny Under The Compact Clause, Michael Brody

Michael Brody

The National Popular Vote Interstate Compact (NPVC) presents an emerging legal issue that straddles the line between political science and law. The NPVC is an interstate compact in which member states will allocate all of their electoral votes to the winner of the national vote, as opposed to the traditional state vote. The bill would not be effective until states possessing a majority of the nation's electoral votes (270) have become members. If enacted by enough states, the NPVC would all but put an end to the Electoral College, and the United States would essentially move to a direct national …


Importing Democracy: Can Lessons Learned From Germany, India, And Australia Help Reform The American Electoral System?, Amanda Kelley Myers Feb 2012

Importing Democracy: Can Lessons Learned From Germany, India, And Australia Help Reform The American Electoral System?, Amanda Kelley Myers

Pepperdine Law Review

No abstract provided.


Redrawing The Electoral Map: Reforming The Electoral College With The District-Popular Plan, Craig J. Herbst Jan 2012

Redrawing The Electoral Map: Reforming The Electoral College With The District-Popular Plan, Craig J. Herbst

Hofstra Law Review

No abstract provided.


Invisible Federalism And The Electoral College, Derek Muller Dec 2011

Invisible Federalism And The Electoral College, Derek Muller

Derek T. Muller

What role do States have when the Electoral College disappears? With the enactment of the National Popular Vote on the horizon and an imminent presidential election in which a nationwide popular vote determines the winner, States would continue to do what they have done for hundreds of years — administer elections. The Constitution empowers States to decide who votes for president, and States choose who qualifies to vote based on factors like age or felon status. This power of States, a kind of “invisible federalism,” is all but ignored in Electoral College reform efforts. In fact, the power of the …