In the 1978 case of U.S. Steel Corporation v. Multistate Tax Commission, the compact at issue specified that it would come into force when seven or more states enacted it. The compact was silent as to the role of Congress. The compact was submitted to Congress for its consent. After encountering fierce political opposition from various business interests concerned about the more stringent tax audits anticipated under the compact, the compacting states proceeded with the implementation of the compact without congressional consent. U.S. Steel challenged the states' action. In upholding the constitutionality of the implementation of the compact by the states without congressional consent, the U.S. Supreme Court applied the interpretation of the Compacts Clause from its 1893 holding in Virginia v. Tennessee, writing that:
"the test is whether the Compact enhances state power quaod [with regard to] the National Government."
The Court also noted that the compact did not
"authorize the member states to exercise any powers they could not exercise in its absence."
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…."
In the 1892 case of McPherson v. Blacker (146 U.S. 1), the Court wrote:
"The appointment and mode of appointment of electors belong exclusively to the states under the constitution of the United States"
The National Popular Vote compact would not "encroach upon or interfere with the just supremacy of the United States" because there is simply no federal power -- much less federal supremacy -- in the area of awarding of electoral votes in the first place.
The National Popular Vote bill would guarantee the presidency to the candidate who receives the most popular votes in the country.
The national popular vote winner would receive all of the 270+ electoral votes of the enacting states.
The bill ensures that every vote, in every state, will matter equally in every presidential election, and the candidate with the most votes wins, as in virtually every other election in the country.
Every vote would matter in the state counts and national count.
The bill has passed a total of 33 legislative chambers in 22 rural, small, medium, large, red, blue, and purple states states with 250 electoral votes.
The bill has been enacted by 11 jurisdictions possessing 165 electoral votes—61% of the 270 electoral votes necessary to activate it, including 4 small jurisdictions, 3 medium-size states, and 4 big states.
A majority of the states appointed their presidential electors in the nation's first presidential election in 1789 by appointment by the legislature or by the governor and his cabinet. Presidential electors were appointed by state legislatures for almost a century.
The Founding Fathers in the Constitution did not require states to allow their citizens to vote for president, much less award all their electoral votes based upon the vote of their citizens.
The current system does not provide some kind of check on the "mobs." There have been 22,991 electoral votes cast since presidential elections became competitive (in 1796), and only 17 have been cast for someone other than the candidate nominated by the elector's own political party. 1796 remains the only instance when the elector might have thought, at the time he voted, that his vote might affect the national outcome.
The electors are and will be dedicated party activists of the winning party who meet briefly in mid-December to cast their totally predictable rubberstamped votes in accordance with their pre-announced pledges.
The U.S. Supreme Court has upheld state laws guaranteeing faithful voting by presidential electors (because the states have plenary power over presidential electors).
In a winner-take-all state, if Trump is nominated and wins in that state, his party's electors in that state will vote for him.
With National Popular Vote, big cities would not get all of candidates’ attention, much less control the outcome.
16% of the U.S. population lives outside the nation's Metropolitan Statistical Areas. Rural America has voted 60% Republican. None of the 10 most rural states matter now.
The population of the top five cities (New York, Los Angeles, Chicago, Houston and Philadelphia) is only 6% of the population of the United States and the population of the top 50 cities (going as far down as Arlington, TX) is only 15% of the population of the United States. 16% of the U.S. population lives in the top 100 cities. They voted 63% Democratic in 2004.
Suburbs divide almost exactly equally between Republicans and Democrats.
Big cities do not always control the outcome of elections. The governors and U.S. Senators are not all Democratic in every state with a significant city.
The main media at the moment, TV, costs much more per impression in big cities than in smaller towns and rural area. Candidates get more bang for the buck in smaller towns and rural areas.
Count again. Of the 12 of the 13 lowest population states (3-4 electoral votes),
6 regularly vote Republican (AK, ID, MT, WY, ND, and SD), and
6 regularly vote Democratic (RI, DE, HI, VT, ME, and DC) in presidential elections.
Similarly, the 25 smallest states have been almost equally noncompetitive. They voted Republican or Democratic 12-13 in 2008 and 2012.
In the 25 smallest states in 2008, the Democratic and Republican popular vote was almost tied (9.9 million versus 9.8 million), as was the electoral vote (57 versus 58).
In the 25 smallest states in 2008, the Democratic and Republican popular vote was almost tied (9.9 million versus 9.8 million), as was the electoral vote (57 versus 58).
Now political clout comes from being among the handful of battleground states. 80% of states and voters are ignored by presidential campaign polling, organizing, ad spending, and visits. Their states’ votes were conceded months before by the minority parties in the states, taken for granted by the dominant party in the states, and ignored by all parties in presidential campaigns.
State winner-take-all laws negate any simplistic mathematical equations about the relative power of states based on their number of residents per electoral vote. Small state math means absolutely nothing to presidential campaign polling, organizing, ad spending, and visits, or to presidents once in office.
In 2012, 24 of the nation's 27 smallest states received no attention at all from presidential campaigns after the conventions after Mitt Romney became the presumptive Republican nominee on April 11. They were ignored despite their supposed numerical advantage in the Electoral College. In fact, the 8.6 million eligible voters in Ohio received more campaign ads and campaign visits from the major party campaigns than the 42 million eligible voters in those 27 smallest states combined.
Support for a national popular vote is strong in every smallest state surveyed in recent polls among Republicans, Democrats, and Independent voters, as well as every demographic group
Among the 13 lowest population states, the National Popular Vote bill has passed in nine state legislative chambers, and been enacted by 4 jurisdictions.
The National Popular Vote bill would guarantee the majority of Electoral College votes and the Presidency to the candidate who receives the most popular votes in all 50 states and DC.
The national popular vote winner would receive all of the 270+ electoral votes of the enacting states.
Under National Popular Vote, every voter, everywhere, would be politically relevant and equal in every presidential election. Every vote would matter in the state counts and national count.
The bill has passed a total of 33 legislative chambers in 22 rural, small, medium, large, red, blue, and purple states states with 250 electoral votes.
The bill has been enacted by 11 jurisdictions possessing 165 electoral votes—61% of the 270 electoral votes necessary to activate it
The National Popular Vote bill would guarantee the Presidency to the candidate who receives the most popular votes in all 50 states and DC.
The national popular vote winner would receive all of the 270+ electoral votes of the enacting states.
Under National Popular Vote, every voter, everywhere, would be politically relevant and equal in every presidential election. Every vote would matter in the state counts and national count.
In Maine, where they award electoral votes by congressional district, the closely divided 2nd congressional district received campaign events in 2008 (whereas Maine's 1st reliably Democratic district was ignored).
In 2012, the whole state was ignored.
77% of Maine voters support a national popular vote for President
In Nebraska, which also uses the district method, the 2008 presidential campaigns did not pay the slightest attention to the people of Nebraska's reliably Republican 1st and 3rd congressional districts because it was a foregone conclusion that McCain would win the most popular votes in both of those districts. The issues relevant to voters of the 2nd district (the Omaha area) mattered, while the (very different) issues relevant to the remaining (mostly rural) 2/3rds of the state were irrelevant.
In 2012, the whole state was ignored.
74% of Nebraska voters support a national popular vote for President
National Popular Vote would give a voice to the minority party voters in presidential elections in each state. Now they don't matter to their candidate.
And now votes, beyond the one needed to get the most votes in the state, for winning in a state, are wasted and don't matter to candidates. Oklahoma (7 electoral votes) alone generated a margin of 455,000 "wasted" votes for Bush in 2004 -- larger than the margin generated by the 9th and 10th largest states, namely New Jersey and North Carolina (each with 15 electoral votes). Utah (5 electoral votes) alone generated a margin of 385,000 "wasted" votes for Bush in 2004. 8 small western states, with less than a third of California’s population, provided Bush with a bigger margin (1,283,076) than California provided Kerry (1,235,659).
In 2008, voter turnout in the then 15 battleground states averaged seven points higher than in the 35 non-battleground states.
In 2012, voter turnout was 11% higher in the 9 battleground states than in the remainder of the country.
Analysts already conclude that only the 2016 party winner of Florida, Ohio, Virginia, Wisconsin, Colorado, Iowa and New Hampshire is not a foregone conclusion. So less than a handful of states will continue to dominate and determine the presidential general election
With National Popular Vote, presidential campaigns would poll, organize, visit, and appeal to more than 7 states. One would reasonably expect that voter turnout would rise in 80%+ of the country that is currently conceded months in advance by the minority parties in the states, taken for granted by the dominant party in the states, and ignored by all parties in presidential campaigns.
The bill has passed a total of 33 legislative chambers in 22 rural, small, medium, large, red, blue, and purple states states with 250 electoral votes.
The bill has been enacted by 11 jurisdictions possessing 165 electoral votes—61% of the 270 electoral votes necessary to activate it
In the 1978 case of U.S. Steel Corporation v. Multistate Tax Commission, the compact at issue specified that it would come into force when seven or more states enacted it. The compact was silent as to the role of Congress. The compact was submitted to Congress for its consent. After encountering fierce political opposition from various business interests concerned about the more stringent tax audits anticipated under the compact, the compacting states proceeded with the implementation of the compact without congressional consent. U.S. Steel challenged the states' action. In upholding the constitutionality of the implementation of the compact by the states without congressional consent, the U.S. Supreme Court applied the interpretation of the Compacts Clause from its 1893 holding in Virginia v. Tennessee, writing that: "the test is whether the Compact enhances state power quaod [with regard to] the National Government."
The Court also noted that the compact did not "authorize the member states to exercise any powers they could not exercise in its absence."