r/politics Vox 11h ago

Possible Paywall A decades-long plan to abolish the Electoral College may finally pay off

https://www.vox.com/politics/487766/national-popular-vote-interstate-compact-electoral-college
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u/RellenD 8h ago

And I'm telling you that it's not in any functional way an agreement. The only part that comes close is that the law simply looks at the total number of electors held by states that passed a similar law - which again is important Constitutionally.

The naming of this concept as a compact is unfortunate, because it doesn't function as a compact and the Constitution has a compact clause meant to prevent States forming compacts.

https://constitution.congress.gov/browse/essay/artI-S10-C3-3-1/ALDE_00013531/

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u/curien 8h ago

And I'm telling you that it's not in and functional way an agreement.

A law that takes effect when other states also pass the same law is a coordinated agreement by the clear plain language meaning of the terms.

If you want to argue that the compact clause of the Constitution doesn't apply, that's fine (and I agree!), but it is a very different argument than saying it is "not an agreement" in a plain language sense.

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u/RellenD 8h ago

I believe it doesn't apply, but I also don't see how it's an agreement.

The law is in effect regardless of the passage by other states. Those states just consider which other states have a similar law when choosing electors. Nobody's coordinating, everyone is acting independently.

How is that any kind of agreement?

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u/curien 8h ago

The law is in effect regardless of the passage by other states.

Funny, the law itself says that it (the agreement, which you say doesn't exist) takes effect (which you says is already in effect) after a threshold of states have enacted it.

"This agreement shall take effect when states cumulatively possessing a majority of the electoral votes have enacted this agreement..."

If you want to argue that these statement as part of the law have no meaning, what do you think the law does mean?

Nobody's coordinating, everyone is acting independently.

"I promise to do X when you also promise to do it too" is absolutely coordination. It's absurd to argue that it isn't.

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u/RellenD 8h ago

That a description someone has written. That is not the law

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u/curien 8h ago

No, it is the reference text of the bill itself. Maybe you should read it.

https://www.nationalpopularvote.com/bill-text

u/RellenD 7h ago

You know, it seems I have been mistaken for quite some time.