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Hmm, this is interesting: As part of concerns about whether the NPVIC would shift power from the federal government to state governments, at least two legal sch
by ScottBurson 6y ago
Hmm, this is interesting: As part of concerns about whether the NPVIC would shift power from the federal government to state governments, at least two legal scholars have suggested that the NPVIC would require explicit congressional approval because it would remove the possibility of contingent elections for President being conducted by the U.S. House of Representatives under the 12th Amendment.
First off, I would tend to consider the potential need for a contingent election as a bug, not a feature. But that aside, the claim seems wrong. It is certainly possible in principle for a popular-vote election involving the whole country to result in a tie; it's just extremely unlikely. But perhaps the wording of the NPVIC doesn't stipulate that in the event of a tie, the participating states' electors will be allocated so as to generate an Electoral College tie as well, if possible — and what happens if it isn't possible?