Friday, 25 April 2014 12:15

Stealth Attack on the Constitution: National Popular Vote

Written by 

If you’ve never heard of the National Popular Vote (NPV) interstate compact, I’m not surprised, despite the fact that this stealth attack on the Constitution is working its way through various state legislatures and would dramatically affect the way this country chooses its President. In fact, at least one analyst believes that if enough states pass it, it would mean the end of any chance to ever again elect a Republican as President.

The Left is keeping this George Soros-sponsored effort very hush-hush. But you need to know about it, since its adoption could render meaningless the votes of you and your friends for a Republican candidate for the nation’s highest office.

Basically, the NPV says that a state must award all of its electoral votes to whichever candidate for president wins the national popular vote — regardless of how the citizens of that state vote.

In other words, if this measure takes effect and the Republican candidate receives the most votes in your state but his Democrat opponent gets the most votes nationally, then all of your state’s electoral votes will go to the Democrat. How’s that for making your state election meaningless?

Political analyst Dick Morris said, “If this thing passes, Republicans will never again win a presidential race and that’s why all the Democrats are lining up behind it.”

Does the NPV really have a chance of becoming the law of the land in this country? I’m sorry to say the answer is an emphatic “yes.” Last week, New York became the 10th state to pass it. The measure was approved last month by both branches of New York’s state legislature and was signed into law last week by Governor Andrew Cuomo.

“With the passage of this legislation,” Cuomo declared, “New York is taking a bold step to fundamentally increase the strength and fairness of our nation’s presidential elections.”

No, what New York has done is take a bold step toward making sure that the Democrats never relinquish control of the White House.

Harvard Law School professor Alan Dershowitz is one of the few liberals who have spoken out against NVP. He said that it “certainly violates the spirit of the Constitution.” And he added, “Plainly, the founders of the Constitution did not intend for there to be a conspiracy among certain states to essentially abolish the Electoral College.”

Back in the time when the Founding Fathers created the Electoral College, we didn’t have the instant communications we enjoy today. It took a while to learn what happened in another part of the country.

That is why the framers of our Constitution decided to have representatives from each state gather together once every four years to elect a President and Vice President. They gave the responsibility of deciding who would be an elector to the individual states, because they were avid believers in limiting the power of the new federal government as much as possible. Check out the Bill of Rights, and especially the 9th and 10th Amendments, to confirm this.

Do we still need an Electoral College to elect the President and Vice President? Maybe not. But if we’re going to change a system that’s worked for more than 200 years, let’s do it the way the Founding Fathers intended, by amending the Constitution. Not by a sneaky end-run around the Constitution.

You can tell a lot about which side wants this measure passed by looking at the states that have already ratified it. In addition to New York, the nine other states are California, Illinois, Hawaii, Maryland, Massachusetts, New Jersey, Rhode Island, Vermont, and Washington. The District of Columbia has also signed the compact.

All of them voted for Obama in 2008 and 2012. All of them are a deep, deep blue. All of them have a vested interest in keeping the entitlements coming from the Federal government. Altogether, these jurisdictions control 165 electoral votes.

Newsmax reported: “It also has been approved by at least one legislative body in these states: Arkansas, Colorado, Connecticut, Delaware, Maine, Michigan, Nevada, New Mexico, North Carolina, and Oregon.”

If all 10 of these states also approve the compact, that will be another 78 electoral votes. Since it takes 270 electoral votes to select the next President, that would leave the measure only 27 electoral votes shy of the number needed to take effect.

If your state is one of the 10 where the compact has already been approved in one branch of the Legislature, you’d better get busy. Contact your state representatives and get them to agree to defeat this end run around the Constitution.

And if your state hasn’t made either list, don’t think for a moment that you don’t have anything to worry about. Chances are that there are people hard at work behind the scenes in your state capital promoting this measure.

If NPV does become the law of the land, it will pretty much let the Northeast, the West Coast and Chicago decide who will occupy the White House. And all the red states will be effectively disenfranchised.

If you don’t want to live in the result, you’d better get busy and stop the NPV.

Until next time, keep some powder dry.

 

Chip Wood was the first news editor of The Review of the News and also wrote for American Opinion, our two predecessor publications. He is now the geopolitical editor of Personal Liberty Digest, where his Straight Talk column appears weekly. This article first appeared in PersonalLiberty.com and has been reprinted with permission.

4 comments

  • Comment Link toto Friday, 25 April 2014 13:09 posted by toto

    The post neglects to mention that on February 12, 2014, the Oklahoma Senate passed the National Popular Vote bill by a 28–18 margin.

    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).

    A survey of Oklahoma voters showed strong overall support for the idea that the President of the United States should be the candidate who receives the most popular votes in all 50 states.

    Voters were asked “How do you think we should elect the President: Should it be the candidate who gets the most votes in all 50 states, or the current Electoral College system?”

    By political affiliation, support for a national popular vote was 79% among Republicans, 84% among Democrats, and 75% among others.

    By gender, support was 84% among women and 69% among men.

    By age, support was 84% among 18-29 year olds, 70% among 30-45 year olds, 75% among 46-65 year olds, and 82% for those older than 65.

    In Gallup polls since 1944, only about 20% of the public has supported the current system of awarding all of a state's electoral votes to the presidential candidate who receives the most votes in each separate state (with about 70% opposed and about 10% undecided).

    Support for a national popular vote is strong among Republicans, Democrats, and Independent voters, as well as every demographic group in virtually every state surveyed in recent polls
    in recent or past closely divided Battleground states: CO – 68%, FL – 78%, IA --75%, MI – 73%, MO – 70%, NH – 69%, NV – 72%, NM– 76%, NC – 74%, OH – 70%, PA – 78%, VA – 74%, and WI – 71%;
    in Small states (3 to 5 electoral votes): AK – 70%, DC – 76%, DE – 75%, ID – 77%, ME – 77%, MT – 72%, NE 74%, NH – 69%, NV – 72%, NM – 76%, OK – 81%, RI – 74%, SD – 71%, UT – 70%, VT – 75%, WV – 81%, and WY – 69%;
    in Southern and Border states: AR – 80%, KY- 80%, MS – 77%, MO – 70%, NC – 74%, OK – 81%, SC – 71%, TN – 83%, VA – 74%, and WV – 81%; and
    in other states polled: AZ – 67%, CA – 70%, CT – 74%, MA – 73%, MN – 75%, NY – 79%, OR – 76%, and WA – 77%.

    NationalPopularVote

  • Comment Link toto Friday, 25 April 2014 13:07 posted by toto

    The U.S. Constitution says "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors . . ." The U.S. Supreme Court has repeatedly characterized the authority of the state legislatures over the manner of awarding their electoral votes as "plenary" and "exclusive."

    The normal way of changing the method of electing the President is not a federal constitutional amendment, but changes in state law.

    Historically, major changes in the method of electing the President have come about by state legislative action. For example, the people had no vote for President in most states in the nation's first election in 1789. However, now, as a result of changes in the state laws governing the appointment of presidential electors, the people have the right to vote for presidential electors in 100% of the states.

    In 1789, only 3 states used the winner-take-all method (awarding all of a state's electoral vote to the candidate who gets the most votes in the state). However, as a result of changes in state laws, the winner-take-all method is now currently used by 48 of the 50 states.

    In 1789, it was necessary to own a substantial amount of property in order to vote; however, as a result of changes in state laws, there are now no property requirements for voting in any state.

    In other words, neither of the two most important features of the current system of electing the President (namely, that the voters may vote and the winner-take-all method) are in the U.S. Constitution. Neither was the choice of the Founders when they went back to their states to organize the nation's first presidential election.

    The normal process of effecting change in the method of electing the President is specified in the U.S. Constitution, namely action by the state legislatures. This is how the current system was created, and this is the built-in method that the Constitution provides for making changes. The abnormal process is to go outside the Constitution, and amend it.

  • Comment Link toto Friday, 25 April 2014 13:06 posted by toto

    From 1932-2008 the combined popular vote for Presidential candidates added up to Democrats: 745,407,082 and Republican: 745,297,123 — a virtual tie. Republicans have done very well in the national popular vote.

    The bill preserves the constitutionally mandated Electoral College and state control of elections. It ensures that every voter is equal, every voter will matter, in every state, in every presidential election, and the candidate with the most votes wins, as in virtually every other election in the country.

    Under National Popular Vote, every voter, everywhere, would be politically relevant and equal in every presidential election. Every vote would be included in the state counts and national count.

    When states with a combined total of at least 270 electoral votes enact the bill, the candidate with the most popular votes in all 50 states and DC would get the needed majority of 270+ electoral votes from the enacting states. The bill would thus guarantee the Presidency to the candidate who receives the most popular votes and the majority of Electoral College votes.

    National Popular Vote would give a voice to the minority party voters in each state. Now their votes are counted only for the candidate they did not vote for. Now they don't matter to their candidate. In 2012, 56,256,178 (44%) of the 128,954,498 voters had their vote diverted by the winner-take-all rule to a candidate they opposed (namely, their state’s first-place 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. 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).

    With National Popular Vote, every popular vote, everywhere would be counted equally for, and directly assist, the candidate for whom it was cast.

    Candidates would need to care about voters across the nation, not just undecided voters in a handful of swing states. The political reality would be that when every voter is equal, the campaign must be run in every part of the country.

    When and where voters matter, then so do the issues they care about most.

    Most Americans don't ultimately care whether their presidential candidate wins or loses in their state. . . they care whether he/she wins the White House. Voters want to know, that even if they were on the losing side, their vote actually was directly and equally counted and mattered to their candidate. Most Americans think it would be wrong for the candidate with the most popular votes to lose. We don't allow this in any other election in our representative republic.

  • Comment Link toto Friday, 25 April 2014 13:00 posted by toto

    Since it's origination in 2006, the bill has been introduced in legislatures in all 50 states. The website has been up. The 1st Edition of "Every Vote Equal: A State-Based Plan for Electing the President by National Popular Vote" was published in February 2006, and the 4th Edition was published in February 2013. The book has been sent to state legislators in every state. More than 2,110 state legislators (in 50 states) have sponsored and/or cast recorded votes in favor of the National Popular Vote bill. The bill has passed 33 state legislative chambers in 22 rural, small, medium, and large states with 250 electoral votes. The bill has been enacted by 11 jurisdictions with 165 electoral votes – 61% of the 270 necessary to go into effect.

    National Popular Vote allows individual states to use their unqualified and absolute right to have the Electoral College accomplish a goal that more than two-thirds of Americans, throughout the country, have consistently supported since polling on this began in 1944.

    States enacting National Popular Vote replace their state or district winner-take-all laws to guarantee every vote, everywhere, in every election matters to the candidates, is equal and counts, and the candidate with the most votes in the country wins, as in virtually every other election in the country.

Please Log In To Comment
Log in