3 ms·
>Right now they're not, but if this compact were to be in force they would. OK, looks like I was incorrect on that: according to the current plan, they indeed
by romwell 2y ago
>Right now they're not, but if this compact were to be in force they would.
OK, looks like I was incorrect on that: according to the current plan, they indeed would be[1].
However, that choice is still up to the state. The state may send a pool of any people as electors and require them by law to vote a certain way - under the same principle that outlaws faithless electors in some states.
In the end, whatever choice the elected government of a state makes is the choice of the people. The constitution[2] specifically says that:
>Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
The Constitution specifically leaves this choice to the Legislature, not to the people of the state.
The Supreme Court has reasoned that the word appoint in Article II, Section 1, Clause 2, confers on state legislatures the broadest power of determination[3], so your argument that NPV yields a government that isn't "representative" doesn't hold any water, and has specifically been refuted by the Supreme Court already.
In particular, the legislature specifically has the right to choose the electors.
Input of people other than the state legislature is not required by the Constitution.
[1] https://www.nationalpopularvote.com/section_9.10 https://www.nationalpopularvote.com/section_9.10
[2] https://constitution.congress.gov/constitution/article-2/ https://constitution.congress.gov/constitution/article-2/
[3] https://constitution.congress.gov/browse/essay/artII-S1-C2-3/ALDE_00013800/ https://constitution.congress.gov/browse/essay/artII-S1-C2-3...