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re: National Popular Vote Interstate Pact - Dems trying to circumvent the Constitution

Posted on 4/21/26 at 2:17 pm to
Posted by AlterEd
Cydonia, Mars
Member since Dec 2024
11821 posts
Posted on 4/21/26 at 2:17 pm to
quote:

This is pretty much textbook disenfranchisement is it not?


This will backfire on them fiercely. When 2028 rolls around the DNC will be so thoroughly disgraced that there is no chance they will win the popular vote. And these very same people will be screaming the loudest about how unfair it is.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476619 posts
Posted on 4/21/26 at 2:17 pm to
quote:

The Constitution also guarantees due process and equal protection. Plus, it also provides that the President is elected via the Electoral College not via popular vote, which this is an end run around.


The EC is a run around for due process and equal protection.

This is just a way to take advantage of that status.
Posted by Indefatigable
Member since Jan 2019
37270 posts
Posted on 4/21/26 at 2:18 pm to
quote:

Pacts don't circumvent the Constitution

The Pact itself wouldn’t do anything. It would be the individual state laws allocating their EV’s that way.
This post was edited on 4/21/26 at 2:20 pm
Posted by RemouladeSawce
Uranus
Member since Sep 2008
17841 posts
Posted on 4/21/26 at 2:20 pm to
quote:

Doesn't the Constitution leave it to each stage to determine how to award its electoral votes?
It does. But it also says compacts require Congressional approval
quote:

Article I, Section 10, Clause 3: No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Then there's other issues like how states are supposed to act in their "sovereign capacity", which doesn't include binding electors to national results

The big one is the Supreme Court is the "arbiter of Constitutional structure". They can simply shoot something down if they feel it's an intentional circumventing of the Constitution. It would be a repeat of McCullough v Maryland that states cannot use their legal powers to undermine federal systems
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476619 posts
Posted on 4/21/26 at 2:20 pm to
quote:

The Pact itself wouldn’t do anything. It would be the individual state laws allocating their EV’s that way.

Exactly. It's not really a compact in the way the term is used. The "compact" aspect is the conditional status of the system more than any sort of agreement among the states.
Posted by Techdave
Laffy
Member since Apr 2014
809 posts
Posted on 4/21/26 at 2:20 pm to
quote:

National Popular Vote Interstate Pact - Dems trying to circumvent the Constitution


Isn't this indirect voter suppression? If you know that your state will award state electoral college votes to the national popular vote, would that make you feel like your vote doesn't matter in that state?

Genuinely curious how that plays out.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
82335 posts
Posted on 4/21/26 at 2:20 pm to
If the collective states can obliterate the votes of the people of an individual state, what is the point of having sovereign states?

Posted by Indefatigable
Member since Jan 2019
37270 posts
Posted on 4/21/26 at 2:21 pm to
It won’t matter much, look at the state map of who joined the movement. They can’t get to 270
Posted by JimEverett
Member since May 2020
2402 posts
Posted on 4/21/26 at 2:21 pm to
How is the electoral college an end run around due process and equal protection?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476619 posts
Posted on 4/21/26 at 2:21 pm to
quote:

Isn't this indirect voter suppression?


There is no Constitutional requirement that an election be held to determine EC electors
Posted by donut
Face, USA
Member since Jan 2004
3235 posts
Posted on 4/21/26 at 2:21 pm to
For the record I completely disagree with what the states are doing with the National Popular Vote Interstate Pact, but the Constitution does allow the states to determine how the electoral are chosen.

Article II. Section 1. clause 2 says: "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector."

I'm not saying there isn't a way to challenge this since it's basing it on votes of other states, but it's definitely going to be a battle.
This post was edited on 4/21/26 at 2:23 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476619 posts
Posted on 4/21/26 at 2:22 pm to
quote:

How is the electoral college an end run around due process and equal protection?


The EC determines the President, not voters directly.

EC allocation gives disproportionate weight of votes to different states, also. There is nothing equal about the value of votes in our EC system. A vote in Wyoming is worth a lot more than a vote in California.

And the Constitution specifically avoids requiring any specific process.
Posted by Zach
Gizmonic Institute
Member since May 2005
117564 posts
Posted on 4/21/26 at 2:25 pm to
quote:

Or a coin flip


Or to the candidate that gets the least votes. That would make campaigns interesting. "If you want me to be your next President, DON'T VOTE FOR ME!!!!'
Posted by Don Quixote
Member since May 2023
5002 posts
Posted on 4/21/26 at 2:25 pm to
they seem to forget that Trump won the popular vote in the most recent election
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476619 posts
Posted on 4/21/26 at 2:25 pm to
quote:

Or to the candidate that gets the least votes. That would make campaigns interesting. "If you want me to be your next President, DON'T VOTE FOR ME!!!!'


That's NBA logic to combat tanking
Posted by deuceiswild
South La
Member since Nov 2007
5004 posts
Posted on 4/21/26 at 2:26 pm to
quote:

Exactly. It's not really a compact in the way the term is used. The "compact" aspect is the conditional status of the system more than any sort of agreement among the states.


Simple question... do YOU think this is a "good" thing?

Assuming some legal justifications could be made for it, do YOU think it's a good thing? Would you try to have your states electoral votes allocated in this way if you had control of them?
Posted by Techdave
Laffy
Member since Apr 2014
809 posts
Posted on 4/21/26 at 2:26 pm to
quote:

Isn't this indirect voter suppression?


There is no Constitutional requirement that an election be held to determine EC electors



I don't think what you just said proves in any way this wouldn't be suppression.

I didn't ask about requirements to determine EC electors. I'm talking about the suppression thing that Dems like to bitch about as to why we can't require ID to vote. It would "suppress" the vote.

Do they not give a shite about suppression in this case?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476619 posts
Posted on 4/21/26 at 2:27 pm to
quote:

do YOU think this is a "good" thing?

Probably not, but that's due to selfish reasons. There are more DEM/Leftist voters than non-DEM/leftist voters in the US.

quote:

Would you try to have your states electoral votes allocated in this way if you had control of them?

If you're a bluish-purple state like VA, it should seem pretty obvious.
Posted by SoWhat
Member since May 2013
711 posts
Posted on 4/21/26 at 2:27 pm to
Why would the populace of a state throw away it's voting rights?
This post was edited on 4/21/26 at 2:34 pm
Posted by AlterEd
Cydonia, Mars
Member since Dec 2024
11821 posts
Posted on 4/21/26 at 2:27 pm to
Trump should announce that he will be running for vice president under JD Vance and that when they win Vance is going to immediately resign.
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