The 2016 election caused many pundits and citizens alike to decry the Electoral College. This book explains the dangerous and unconstitutional implications of the National Popular Vote Bill, which is quietly passing in state houses across the nation.
Ever since the Founding Fathers created the Electoral College, Congress has tried to overturn it. The latest attempt is taking place not in Congress, but in state legislatures around the country, where a well-financed campaign by a private California group calling itself "National Popular Vote" (NPV) is proposing an "interstate compact" to circumvent the process for amending the U.S. Constitution. If adopted by states representing a majority of electoral votes, the signatory states would bind themselves to ignore the popular votes within their respective states, and instead allocate their electoral votes to the candidate whom the media proclaimed to be the "national popular vote" winner.
In this new history of the Electoral College, law professor Robert M. Hardaway lays bare the constitutional loopholes that have allowed this movement to succeed in states representing approximately half the electoral votes necessary to purportedly bind those states to ignore the popular vote of the people within their respective states. The presentation of the information in this book to state legislatures considering the compact, resulted in complete reversal of preconceived perceptions about how presidential elections should be conducted.
- Exposes the National Popular Vote movement, which seeks to abolish the Electoral College, by making readers aware of this its agenda, financing, and goal of effectively amending the constitutional process by a means that takes place under the radar of the general public
- Presents as succinctly and clearly as possible the dubious constitutional grounds for the Compact, as well as the ramifications if it were to somehow be approved by the U.S. Supreme Court
- Illustrates exactly how this movement is succeeding in state after state precisely because the public is uninformed about the Electoral College
- Shows how the abolition of the Electoral College and inauguration of a national "popular vote" would actually result in an outcome that is contrary to the goals of many of its supporters
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About the Author
Robert M. Hardaway is professor of law at the University of Denver Sturm College of Law where he teaches evidence and civil procedure and election law. He is the author of numerous law review articles and books on the Electoral College and election law.
Table of Contents
Chapter 1 Introduction: John F. Kennedy's Vision of Federalism 1
Chapter 2 The Solar System of Government Power 15
Chapter 3 Electing a President: The Framers' Vision 29
Chapter 4 The Direct Election Illusion 37
Chapter 5 The National Popular Vote Interstate Compact 47
Chapter 6 The Grand Compromise and the Unit Vote: Myths and Misdirection 59
Chapter 7 Presidential Campaigns and Incentives: "That's Where the Votes Are" 65
Chapter 8 Legitimacy and Certainty 71
Chapter 9 The Recount Problem 85
Chapter 10 Myths about the Electoral College: A Response 95
Chapter 11 Reform: Proposals and Alternatives 127
Chapter 12 Conclusion: The Case for Preserving Federalism 149
Appendix A National Popular Vote Interstate Compact: California's Bill 157
Appendix B Selected Provisions of the U.S. Constitution Relating to the Electoral College 161
What People are Saying About This
"A readable account of an immensely important Constitutional provision that few fully understand. An important history lesson!"
"Robert M. Hardaway has long been a thoughtful and effective advocate for the Electoral College. His critique of the national popular vote legislation is much needed at this critical moment in our nationis history. Saving the Electoral College is a welcome resource for any student of the American political system."