Hillary Lost Because ...

[Grey Lemercier]

105. The Compact is probably unconstitutional, and likely violates the Voting Rights Act

Why the National Popular Vote Compact is Unconstitutional

Norman Williams
Willamette University - College of Law

http://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=2686&context=lawreview

V. CONCLUSION
The NPVC seeks to effect a fundamental change in the presidential
election process. But like other state-initiated attempts to circumvent the
federal constitutional framework for federal elections, the NPVC does so
in a way that exceeds the states’ constitutionally delegated authority. As
the Court admonished in Thornton, change, if it is to be undertaken,
“must come not by legislation adopted either by Congress or by an
individual State, but rather—as have other important changes in the
electoral process—through the amendment procedures set forth in Article V.





Popular Vote Compact: Fraught With Constitutional Perils

http://www.jurist.org/forum/2012/02/william-ross-vote-compact.php


Some opponents of NPVIC also have warned that the compact might violate sections 2 and 5 of the Voting Rights Act of 1965 by diluting the votes of racial minorities and impeding their exercise of the franchise. Since African-Americans and Latinos are concentrated in populous states that have large numbers of electoral votes, these opponents of the compact contend that the election of a president by virtual popular vote would diminish the electoral influence of these racial minorities. Since, for example, Latinos comprise eight percent of the voters in the nation but constitute 28 percent of the electorate in California, which has more electoral votes than any other state, the compact could make Latino vote less significant in presidential elections. This could violate the Voting Rights Act or at least trigger its provisions requiring the US Department of Justice to approve changes in voting procedures that may have a discriminatory purpose or effect. Although the applicability of the Voting Rights Act to the compact is far from clear, what is clear is that the compact could generate complex litigation under the act.



snip


also, this, from a practicality standpoint


Why a Plan to Circumvent the Electoral College Is Probably Doomed

http://fivethirtyeight.com/datalab/why-a-plan-to-circumvent-the-electoral-college-is-probably-doomed/



but




There is a solution

Abolition will never occur, as even if the constitutional amendment were passed in the Congress, all it takes is 13 states (the smaller ones, of course) to block it. They have way more than 13 who oppose it.

BUT there is a fix, and it just doesn't fix the electoral college. If fixes the House too.

Expand the House to 1001. That would also Expand the EC to 1106 (100 for senators, 1001 for House, plus 5 for DC). It doesnt take a Constitutional Amendment either, just an Act of Congress (overturning a 1929 Act).

Its been stuck at 435 (with 2 temp added for AK and HI for a couple years, removed in 1962) SINCE 1913!


The population then was 97 million. Now is 325 million. The average rep has almost 750,000 people in his/her district.

Because the EC is based (in the constitution) off number of congress people, increasing the House also increases the EC.

THEN you can more fairly split up those 1106 EV's and those 1001 House seats. Right now, a Wyoming electoral vote is worth 3.7 times MORE than a California vote.


Expanding the House also, of course allow for a more representational distribution for the states as well, at HOUSE government levels. California, and the other large states get FUCKED right now in very way.

The main barrier to this will be getting House members to dilute their power, PLUS Rethugs to go along, as they KNOW thery have all the benefits to the current system


Read this for more info. http://www.thirty-thousand.org/

The 1001 is just my own number, you could do it so many different ways (such as the much less impactful (but still better than nothing) Wyoming Rule https://en.wikipedia.org/wiki/Wyoming_Rule , or double it, plus one (has to be odd number to avoid ties)