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View Diary: Stop saying Republican electoral-vote rigging is constitutional. It's not. Here's why. (193 comments)

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  •  Why would congressional approval (2+ / 0-)
    Recommended by:
    VirginiaBlue, Jim M

    be required for several states (more than 268 EV worth) to change they way they allocate their electoral votes?

    A conservative is a man with two perfectly good legs who, however, has never learned how to walk forward. Franklin D. Roosevelt

    by notrouble on Tue Jan 29, 2013 at 02:22:37 PM PST

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    •  That darned Constitution again... (3+ / 0-)
      Recommended by:
      notrouble, GeoffT, Seneca Doane
      It is possible that Congress would have to approve the NPVIC before it could go into effect. Article I, Section 10 of the US Constitution states that
      No State shall, without the Consent of Congress . . . enter into any Agreement or Compact with another State, or with a foreign Power.
      The U.S. Supreme Court has ruled in Virginia v. Tennessee, 148 U.S. 503 (1893), and several more recent cases, that such consent is not necessary except where a compact encroaches on federal supremacy.[41] Every Vote Equal argues that the compact could never encroach upon federal power since the Constitution explicitly gives the power of casting electoral votes to the states, not the federal government. Derek Muller, an opponent of the compact, argues that the NPVIC would nonetheless affect the federal system in such a way that it requires Congressional approval.[42] Regardless, supporters of the NPVIC plan to seek congressional approval if the compact is approved by a sufficient number of states.[43]
      http://en.wikipedia.org/...

      "The true strength of our nation comes not from the might of our arms or the scale of our wealth, but from the enduring power of our ideals." - Barack Obama

      by HeyMikey on Tue Jan 29, 2013 at 03:22:14 PM PST

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      •  But NPV isn't an interstate compact (2+ / 0-)
        Recommended by:
        WisePiper, Jim M

        It's a series of bills in individual states that determine how each state's EV's are cast.  It's not a treaty between them - states could unilaterally change their NPV participation statutes, not being bound to others to keep them.

        Sure there's co-ordination, but if that were a problem in itself then ALEC would be in deep doo-doo.

        Fake candidates nominated by the GOP for the recalls: 6 out of 7. Fake signatures on the recall petitions: 4 out of 1,860,283.

        by GeoffT on Tue Jan 29, 2013 at 04:48:42 PM PST

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        •  It's compact-ier than ALEC. (0+ / 0-)

          1. Are states bound to the NPV compact once in? I don't know.

          2. Unless they get out, however, then the NPV law, once passed, binds the state contingent on the actions of other states. "If all you other states do this, then we'll do it too." That's reasonably compact-y. This is what makes the NPV different from ALEC legislation.

          "The true strength of our nation comes not from the might of our arms or the scale of our wealth, but from the enduring power of our ideals." - Barack Obama

          by HeyMikey on Tue Jan 29, 2013 at 07:08:48 PM PST

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