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

Posted on 4/21/26 at 1:53 pm
Posted by tommy2tone1999
St. George, LA
Member since Sep 2008
7773 posts
Posted on 4/21/26 at 1:53 pm
It seems the Democrat Party just can't win without cheating.

USConstitution.Net

quote:

The compact is an agreement among participating states and the District of Columbia. DC is not a state, but it can participate through its own enabling law and, under the Twenty-Third Amendment, it carries three electoral votes.

Each member jurisdiction promises that, once the compact is in effect, it will award all of its electoral votes to the candidate who wins the national popular vote across all 50 states and DC.



As of April 2026, 19 jurisdictions have enacted the National Popular Vote Interstate Compact, which includes 222 electoral votes, All from blue states.

Currently, it includes the following states in addition to DC: MD, NJ. IL, HI, MA, CA, VT, CT, CO, DE, NM, OR, VA, and ME.

This post was edited on 4/21/26 at 1:54 pm
Posted by boosiebadazz
Member since Feb 2008
85363 posts
Posted on 4/21/26 at 1:55 pm to
Doesn't the Constitution leave it to each stage to determine how to award its electoral votes?
Posted by OchoDedos
Republic of Texas
Member since Oct 2014
39786 posts
Posted on 4/21/26 at 1:56 pm to
Democrats don't have the Supreme Court. Pacts don't circumvent the Constitution
Posted by hawgfaninc
https://youtu.be/torc9P4-k5A
Member since Nov 2011
62889 posts
Posted on 4/21/26 at 1:56 pm to
Patting themselves on the back until the GOP wins the popular vote
Posted by moneyg
Member since Jun 2006
62820 posts
Posted on 4/21/26 at 1:59 pm to
quote:

Doesn't the Constitution leave it to each stage to determine how to award its electoral votes?



state

By this logic, a state could award its electoral votes to whomever Alabama votes in? Can the state award its electoral votes to the candidate nominated by the Republican party without any relationship to an election at all? Can it award its electoral votes to whomever a foreign state (China) endorses?

Posted by donut
Face, USA
Member since Jan 2004
3222 posts
Posted on 4/21/26 at 2:03 pm to
quote:

Doesn't the Constitution leave it to each stage to determine how to award its electoral votes?



Yes, that is correct

Add to that a state doesn't technically have to even hold a popular vote election. The constitution just says the states have to have a process in which electors are chosen. In the first elections some electors were chosen by the state legislature not a popular vote
This post was edited on 4/21/26 at 2:07 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
475405 posts
Posted on 4/21/26 at 2:05 pm to
quote:

By this logic, a state could award its electoral votes to whomever Alabama votes in?


Or a coin flip

Or what Punxsutawney Phil did that week

Or if the letters on the first page of the NYT on election day has even/odds words

Or have the Governor unilaterally assign them
This post was edited on 4/21/26 at 2:06 pm
Posted by Bwmdx
Member since Dec 2018
3423 posts
Posted on 4/21/26 at 2:07 pm to
Then why even vote? Just don’t open the polls and automatically award the electorate votes to the popular vote winner of the other states. A small population state could decide that their electoral votes and low population is too little to have any bearing on the outcome and simply forgo the whole election dog and pokey show.
Posted by AlterEd
Cydonia, Mars
Member since Dec 2024
11162 posts
Posted on 4/21/26 at 2:08 pm to
I'm surprised they aren't saying they're going to hold a seance and give their electoral votes to whoever Satan tells them to.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138299 posts
Posted on 4/21/26 at 2:11 pm to
quote:

Yes, that is correct
No, it isn't.
"No State shall, without the Consent of Congress... enter into any Agreement or Compact with another State"
Posted by GetmorewithLes
UK Basketball Fan
Member since Jan 2011
22816 posts
Posted on 4/21/26 at 2:11 pm to
quote:

Doesn't the Constitution leave it to each stage to determine how to award its electoral votes?


Yes, Not illegal but sure as hell circumvents the constitutional design of a Presidential election.

The Electoral college is designed to give the states weighted by voting. A candidate can win the popular vote by taking large majorities in the top 20 urban cities. This will kill any political leverage of the flyover states and pretty much eliminate “battleground” states.

This is exactly the issue the Electoral College is supposed to prevent…
Posted by boosiebadazz
Member since Feb 2008
85363 posts
Posted on 4/21/26 at 2:12 pm to
quote:

Add to that a state doesn't technically have to even hold a popular vote election. The constitution just says the states have to have a process in which electors are chosen. In the first elections some electors were chosen by the state legislature not a popular vote


I think it’s an interesting exercise. I think the outside constitutional constraints would be ensuring a republic form of government and due process regarding the ability to vote.

How tenuous that becomes would be something for SCOTUS.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138299 posts
Posted on 4/21/26 at 2:13 pm to
quote:

circumvents the constitution
Posted by donut
Face, USA
Member since Jan 2004
3222 posts
Posted on 4/21/26 at 2:14 pm to
quote:

Yes, that is correct
No, it isn't.
"No State shall, without the Consent of Congress... enter into any Agreement or Compact with another State"


I wasn't talking about entering an agreement with another state. The questions was asked
quote:

Doesn't the Constitution leave it to each stage to determine how to award its electoral votes?


I answered yes, that is correct.
Posted by Tigerdew
The Garden District of Da' Parish
Member since Dec 2003
15346 posts
Posted on 4/21/26 at 2:14 pm to
This is pretty much textbook disenfranchisement is it not?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138299 posts
Posted on 4/21/26 at 2:15 pm to
quote:

I think it’s an interesting exercise
Only if Democrats regain both houses of Congress, and then vote for the compact that the states have already entered. Without that, it's unconstitutional.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
475405 posts
Posted on 4/21/26 at 2:15 pm to
quote:

but sure as hell circumvents the constitutional design of a Presidential election.


Not really. The Constitution is silent as to how states must determine their EC reps.

quote:

The Electoral college is designed to give the states weighted by voting. A candidate can win the popular vote by taking large majorities in the top 20 urban cities. This will kill any political leverage of the flyover states and pretty much eliminate “battleground” states.

And this system gives votes different values. It can just as easily be argued that a system of equal voter representation is more equitable and states value that more than their inequitable share.
Posted by JimEverett
Member since May 2020
2307 posts
Posted on 4/21/26 at 2:16 pm to
Yes.
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.

So, there are clearly constitutional problems for this sort of compact.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138299 posts
Posted on 4/21/26 at 2:16 pm to
quote:

I answered yes, that is correct.
But in this case it isn't. As I just pointed out.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
475405 posts
Posted on 4/21/26 at 2:16 pm to
quote:

Only if Democrats regain both houses of Congress, and then vote for the compact that the states have already entered. Without that, it's unconstitutional.


This being an actual "compact" that would have that provision apply is speculative, but they could just as easily get around this to avoid any such scrutiny.
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