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Discussion and Debate
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Politics
American Politics
Maine moves to join Democratic-led pact to elect president by popular vote instead of Electoral College
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<blockquote data-quote="JSRG" data-source="post: 77629828" data-attributes="member: 418772"><p>Firstly, even if this does count as an "agreement or compact" under Article I Section 10, all it would mean is that congress has to agree to it. An extra step, but not an impossible one.</p><p></p><p>However, it is not far from clear whether this indeed count as an "agreement or compact" under what the above actually is referring to. The organization advocating for this change has a rather lengthy argument on why it doesn't even require that <a href="https://www.nationalpopularvote.com/section_9.16#myth_9.16.5" target="_blank">here</a> (click the "Click for Detailed Answer" under 9.16.5 to see it), and certainly too lengthy for me to put it all here. But, should one wish to see their "quick answer" (which, again, is gone into with much more detail if you go to the page and "Click for Detailed Answer"):</p><ul> <li data-xf-list-type="ul"><em><em>The U.S. Supreme Court has ruled that congressional consent is only necessary for interstate compacts that “encroach upon or interfere with the just supremacy of the United States.” Because the choice of method of appointing presidential electors is an “exclusive” and “plenary” state power, there is no encroachment on federal authority. </em></em></li> <li data-xf-list-type="ul"><em><em>Thus, under established compact jurisprudence, congressional consent would not be necessary for the National Popular Vote compact to become effective. </em></em></li> <li data-xf-list-type="ul"><em><em>Nonetheless, National Popular Vote is working to obtain support for the compact in Congress.</em></em></li> </ul></blockquote><p></p>
[QUOTE="JSRG, post: 77629828, member: 418772"] Firstly, even if this does count as an "agreement or compact" under Article I Section 10, all it would mean is that congress has to agree to it. An extra step, but not an impossible one. However, it is not far from clear whether this indeed count as an "agreement or compact" under what the above actually is referring to. The organization advocating for this change has a rather lengthy argument on why it doesn't even require that [URL='https://www.nationalpopularvote.com/section_9.16#myth_9.16.5']here[/URL] (click the "Click for Detailed Answer" under 9.16.5 to see it), and certainly too lengthy for me to put it all here. But, should one wish to see their "quick answer" (which, again, is gone into with much more detail if you go to the page and "Click for Detailed Answer"): [LIST] [*][I][I]The U.S. Supreme Court has ruled that congressional consent is only necessary for interstate compacts that “encroach upon or interfere with the just supremacy of the United States.” Because the choice of method of appointing presidential electors is an “exclusive” and “plenary” state power, there is no encroachment on federal authority. [/I][/I] [*][I][I]Thus, under established compact jurisprudence, congressional consent would not be necessary for the National Popular Vote compact to become effective. [/I][/I] [*][I][I]Nonetheless, National Popular Vote is working to obtain support for the compact in Congress.[/I][/I] [/LIST] [/QUOTE]
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Maine moves to join Democratic-led pact to elect president by popular vote instead of Electoral College
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