To blunt the anti-democratic nature of the Electoral College (EC) the idea of an agreement among states with at least 270 Electoral College votes has been proposed. 270 EC votes gives the presidential candidate that receives those votes the win. Right now, after the MAGA wipeout, there are enough blue states with 270 EC votes among them to agree to award all their state’s votes to the candidate who got the most votes nationally.
Such an agreement would do two things. First, it would get rid of elections where a candidate lost the national vote but won the EC vote to become president. Second, it would create the possibility that a state that voted for the lower vote candidate could award all of its EC votes to the other candidate. The current system can thus create voters nationwide whose preference is not reflected in the outcome of all voters nationally. The proposed interstate compact would do the same, but for statewide voters if most of their state’s votes went to the national vote count loser. This is an intended feature of the compact, because the national result, not the statewide vote, would determine its electoral vote allocation.
So, neither system is, or would be, perfect. But, the interstate compact would generally be less imperfect than the current system. The proposed compact would directly address two major objections to the current system. First, each additional vote would contribute to the nationwide total that determines the winner, regardless of whether it was cast in a Democratic, Republican, or contested state. This would give campaigns stronger incentives to seek votes beyond battleground states. Second, a candidate could no longer win the presidency while receiving fewer national votes than an opponent.
A state’s electors going against its statewide result would not be a failure of the system if a majority of state voters’ preference was thwarted by the total national count. Instead, would be the mechanism for honoring the national result over the state result. The disagreement is about which electorate’s preference should govern, i.e., each state’s separately or the country’s collectively. So, if the goal is to give all voters nationwide an equal say in choosing the president and ensure that the candidate receiving the most votes nationwide wins, the interstate compact would be an improvement over the current system.
But it is legal?
Article II of the US Constitution says that the state have the power to decide how they award their EC votes. The Constitution does not require states to award their electors to their own statewide popular-vote winner. By that source of state power, it is legal.
But, Article I of the US Constitution says states may not, “without the Consent of Congress,” enter into an “Agreement or Compact” with another state. By that source of federal power, it is arguably unconstitutional. The USSC has held that not every interstate agreement requires congressional consent. Its decisions focus on agreements that enhance state power in ways that encroach on federal supremacy.
So the question boils down to, would an interstate compact to blunt the anti-democratic effect of the EC on presidential elections encroach on federal power? Obviously, if such a compact is made among blue states, MAGA elites and the MAGA party (both being inherently anti-democracy) will vehemently argue that such a compact encroaches on federal power and is thus unconstitutional unless congress approves the deal.
What are most Americans?
The result of the elections this week gives some comfort that most Americans are still not knowingly extremists or authoritarian. The proposed interstate compact would tend to force extremist candidates like Trump or most MAGA politicians to at least partly soften the harshness of their usually divisive, poisonous demagoguery.
Since most Americans are not ideological extremists, a national popular-vote system could strengthen incentives for candidates to moderate their platforms, or at least discourage openly extremist appeals to base human instincts. Obviously that would not eliminate extremism. If an extremist candidate wins through deceit and concealment and then implements an extremist agenda while in office, voters would have been deprived of an honest choice without their knowledge or consent. An interstate compact would prevent extremist candidates from using an EC advantage to overcome a national popular-vote defeat.
Q: Do you support an interstate compact as described here?
Some info sources:
National Popular Vote Interstate Compact
America Finally Has the Votes to End the Electoral College — the most seismic result for American politics and democracy may come out of the battleground states where Democrats just won trifecta control by taking both state houses and the governor’s mansion: Come January, Democratic legislators will have the votes to elect the next president by the popular vote.
U.S. Political Parties Historically Polarized Ideologically






