Op-Ed by John: National Popular Vote is a Disaster for the U.S. Federation; a Message for Georgia, and Others
It's a Disaster Designed to Happen
The National Popular Vote Interstate Compact (NPVIC) scheme is not even a national law!
The NPV is simply a Contract between some colluding States (it will likely take only 20 or 21) that disables the third and last remaining federalism Check against the Federal government. The NPVIC scheme is attacking a well-crafted Check that has been designed into our national structure since the beginning – the STATES choosing the President of the United STATES.
Voters in the States - at each State Legislature's eventual decision - vote to elect their home State’s ELECTORS. Never in U.S. history has one popular vote ever been cast for a Presidential candidate! There is a huge reason for that - Checks and Balances.
Separation of Powers is the Key
The STATES elect the President of the United STATES – never has the population. By power-checking design of our Constitution. The Electoral College has been an essential part of the Separation of Powers of the core structure of American government since 1789. The STATES choosing the CEO of the Federation is a major part of keeping a runaway federal government in check. The United States government was created in 1787-1789 with securing and protecting Individual Rights and Liberties, and those of the States as its primary Mission. It is the most persistent and effective government in history in that Mission.
Not only is the Federal government divided into three separate and co-equal Branches, which each have many different types of checking power against the others, our STATES, who actually CREATED th Federal government, serve as the Counterbalance to the Federal government itself. The Founders were universally concerned that the government they were establishing would quickly devolve into the type of tyrannical government which they had just fought a very long and bloody war to free themselves from!
They knew from World History that democracies implode, quickly and violently in most cases. So, No direct democracy for the United States! They had a real challenge to solve. Alexander Hamilton put it best in Federalist 58 when he wrote in 1788
"If Men were Angels, no government would be necessary. If Angels were to govern Men, no internal nor external controls on government would be necessary.
"The great difficulty lies in this: In framing a government of Men to govern other Men, you must first grant the government enough power to control the governed, and in the next instant oblige it to control itself."
They achieved that through a thoughtful and elegant system of Checks and Balances woven throughout the Federal system. Three powerful and foundational Checks against growing federal tyranny that were designed into the system included
The 17th Amendment erased the first Check in 1914.
The Courts, the White House and Congress have each been eroding the second Check systematically or over 100 years. There are very few areas in 21st Century America that the Federal government believes that it has no power to rule!
Only the third major Check remains, but through the "mal-education" of the American public and the current threat from the National Popular Vote movement funded by the Left, is in very real danger of being jettisoned.
The NPV Scheme Makes Voters Across the U.S. Very UNEQUAL
The NPV scheme actually treats voters across America extremely UNEQUALLY. Assume for a minute that Georgia does join this misguided Contract – The Contract cannot change the fact that Georgia’s 16 Votes are STILL GEORGIA’s 16 Votes. What the Contract changes is WHO chooses Georgia’s Electors! Today, 100% of the decision of WHO Georgia’s Electors are belongs to GEORGIANS! Under Mr. Anuzis’ scheme, Georgia residents will exert only 3.2% of the decision, with the residents in the other 49 States, plus DC, making 96.8% of GEORGIA’s choice!
Neighboring North Carolina, which won’t join this NPV scheme, will actually make 3.5% of GEORGIA’s decision of who these Electors will be! It gets WORSE – CONVERSELY, because NC won’t be in the NPV collusion, Georgia voters will have ZERO impact on who NC chooses to be NC’s Electors! How is THAT “being treated the same”?!
In Georgia's Case ...
Electing GEORGIA’s Electors is a Georgia election. Because of that, Mr. Anuzis is lobbying the Georgia Legislature to have it violate the Georgia State Constitution at Article 2 – Georgia elections may only have Georgia residents cast votes.
Anuzis is wrong again when he claims that the Supreme Court concluded that Legislatures “have unrestricted powers in appointing electors”. Just two weeks ago, the Supreme Court, in Moore v. Harper, clarified that State Legislatures ARE and have been restricted by both their State and Federal Constitutions, AND that both State and Federal Courts have a role to play to OVERRULE any Legislature when they violate either Constitution in legislation regarding Federal elections!
NPV Violates State and the U.S. Constitutions
The NPV Contract scheme also violates Article 4 of the US Constitution by denying the guarantee to a republican form of government to each of the State Legislatures who have decided to NOT join this terrible scheme. Non-NPV Legislatures are rendered moot to make any meaningful decisions that Anuzis claims they “unrestricted powers” to make, once his deeply-flawed NPV Compact is triggered.
Like the NPV scheme that he is selling, Anuzis piece here is largely in error throughout, but the last point I’ll make here is that this scheme is deeply partisan, in my view. All 50 State legislatures have considered the NPV scheme at least once since 2005. The average is almost 4 times per State. The NPV contract has been rejected by 34 States a total of 158 times over the last 17 years.
It Has Been Rejected by 34 States More than 150 Times - and it is Highly Partisan
In the 16 States, plus DC where the NPV has been passed (including Nevada which just took Step 1 last May), a total of 1,390 Democrats (92.5%) and 115 Republicans (7.5%) have voted to pass it. Of those Republicans, 45 were in Blue Illinois in 2008 and 57 were in Blue New York in 2014.
The official Republican Party Platform has stood firmly and clearly AGIANST the NPV scheme since 2016. SINCE that time, 7 of the 16 States have voted to enact NPV. In those enacting States, 451 Democrats (99.1%) and just 4 (0.9%) of Republicans voted to pass NPV.
In this current legislative session, in the 13 States Anuzis has introduced NPV in, 164 Democrats (98.8%) have sponsored the legislation and just TWO (2) Republicans (1.2%) have! 1 Republican is in Minnesota, and HE did not even vote for the bill that NPV was enacted by! The other Republican is in Maine.
The NPV Guarantees that the Courts will Choose Future Presidents
The NPV Compact is deeply flawed and does not deliver what they promise to discover. It is a CONTRACT among a few States – it is not even a national law, let alone being made a part of the Constitution.
Litigation is absolutely certain once the NPV Collusion Contract is triggered. If you like that the Supreme Court “selected” George W Bush in 2000 (it is what caused this NPV scheme to begin with!), then you will LOVE this flawed and unconstitutional NPV Collusion scheme, because the Courts will be choosing all U.S. Presidents from now on.
This NPV scheme must be stopped wherever it is suggested, in my opinion.
Click images to enlarge.
John Crawford has been a lifelong Constitutional Conservative. He graduated from Michigan State University in Business Administration and worked on his MBA at Western Michigan University. He has been very active in grassroots politics and in volunteer community service organizations his entire career.