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It's the last 20% that's the hardest, though (apart from the first 1%). No state with Republican leadership will ever sign it, because they know that they depen
by GeneralMayhem 6y ago
It's the last 20% that's the hardest, though (apart from the first 1%). No state with Republican leadership will ever sign it, because they know that they depend on minority rule. That means that the Democrats effectively have to run enough states to control the Electoral College anyway, and winning enough branches of a state legislature to pass laws is generally more difficult than winning that state in a presidential election. The one thing that's working in favor of the NPVIC happening is that it doesn't have to happen all at once, but that's a double-edged sword - if we get a state or two in the purpleish zone to sign on one year, but it's not enough to get to 270, then they could repeal it the next year.
In particular, it'll be really interesting to see what happens if/when we get to the point where any state joining the NPVIC would push it over the edge. Would that state waver knowing that they're going to be the ones to press the big red button?
You also have the judiciary to worry about. It's not obvious that the NPVIC is constitutional, and I highly doubt that the current Supreme Court, packed as it is with activist right-wing judges, would let it happen.
- jackcosgrove 6y ago> You also have the judiciary to worry about. It's not obvious that the NPVIC is constitutional Interstate compacts without the blessing of the federal government are unconstitutional. This is because the federal government has sovereign power over interstate relations, and a bloc of states that coordinate action are effectively challenging that sovereign power. So if the NPVIC is passed, it would also need to be approved by federal legislation to be deemed constitutional.
- nradov 6y agoThere are already interstate compacts over water rights without the blessing of the Federal government. I don't think those have ever been found unconstitutional.
- jackcosgrove 6y agoThose don't encroach on federal power like the selection of the president would. The Compact Clause is pretty clear and the courts have ruled that congressional approval is required for any compact that encroaches on federal power. The selection of the president is a bright line issue of federal power.