The National Popular Vote Idea Is Unconstitutional and Should Be Abandoned

Both electoral and constitutional problems militate against the proposal.

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People fill out ballots in privacy booths at a polling station located in the Baltimore City Community College Gymnasium in Baltimore, Md., October 26, 2020.

Hannah McKay/Reuters

Conservatives have expressed legitimate concern about the National Popular Vote (NPV) project, an effort led largely by the Left to bypass the Electoral College and elect the president through a national popular vote.

This is not an effort to amend the Constitution, which would be enormously difficult. Instead, what the NPV seeks is an agreement or “compact” among the states, in which all the electoral votes of the participating states would be cast for the winner of the national popular vote, irrespective of who actually wins the electoral votes in each of the states that have joined the compact. For example, if California were in the compact (it is) and John Doe won the most popular votes in the national election, all of California’s electoral votes would be cast for Doe, even if Marilyn Moe had actually won the popular vote in California.

PW

About the Author

Peter J. Wallison

Peter J. Wallison is a senior fellow emeritus at the American Enterprise Institute. He was White House Counsel and General Counsel of the Treasury in the Reagan administration.

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