MOORE v. HARPER, Jun 2023
How could a U.S. Supreme Court decision about State Legislatures drawing Congressional District maps be relevant to the National Popular Vote scheme?
One of the latest decisions handed down by the Supreme Court was on June 30, 2023 in a case titled 'Moore v. Harper'. The case involved the North Carolina Legislature drawing their new Congressional District Maps after the 2020 Census.
The NC State Supreme Court ruled against the NC Legislature, citing the State Constitution. The State Court held that the Legislature had violated the State Constitution in some fashion and that the new maps drawn by the Legislature had to be redrawn.
The Legislature had argued that the Legislature was totally independent in that area of governing, per the U.S. Constitution, Article 2, and that the Legislature could do whatever it decided to do. They argued that the State Court was wrong and had no jurisdiction over the Legislature.
Legislatures ARE Constrained by both State and U.S. Constitutions
The Legislature appealed the case to the Federal Courts, where the Supreme Court took the case - and decided against the Legislature.
A reading of the decision, however, looks like it will also spell doom for the devious National Popular Vote scheme, too!
Why Does the NPV Scheme Fit in to This?
The mainstay of the sales pitch by the paid lobbyist teams of the National Popular Vote Interstate Compact scheme is that State legislatures have a 'plenary (unchallengeable)' right to decide election law, specifically when it comes to choosing how the State's presidential Electors will be chosen. The NPV sales folks refer to Article 2 in every sales pitch in selling their NPV.
The SCOTUS, however, has specifically held that, when it comes to all federal elections, every State Legislature is constrained by both their State and the U.S. Constitutions. They even added that both State and Federal Courts are correct and empowered to be asked to step in and to overturn the Legislature whenever it determines that Lawmakers have violated either document whenever they are dealing with federal elections!
So, what does that have to do with the NPV scheme?
So, MOST State Constitutions require that only State residents may vote in State elections. Electing presidential Electors is, by definition, a State conducting a federal election.
The NPV sales pitch proudly admits every time that they pitch it that their NPV scheme does not take away the Electoral College, that "we 'PRESERVE' the Electoral College!" That means that the election of the STATE's presidential Electors REMAINS a State election to do so even after they trigger this nefarious plan!. The NPV proudly admits that.
Legislatures who are enacting the NPVIC scheme are most likely violating their own State Constitutions because they are electing their Electors by having voters from across the the ENTIRE COUNTRY cast votes to elect them!
We Can't Wait and Hope the Courts Will Stop the NPV
There are many other Constitutional violations that seem apparent in the NPV - but none of the Courts are allowed to hear any cases against the NPV until it goes into effect. And they are already 76% of the way to activating it!
We Must STOP the NPV politically in the Legislatures before it can get activated by defeating it everywhere and getting it repealed wherever it has been enacted.
WE need to ask every lawmaker to consider that they are violating the Oath of Office that they took by supporting the NPV scheme, a clear violation (in most States) of the State Constitution.
Waiting to have a small group of Lawyers decide its fate will be too late to avoid damage and chaos to our election systems - in my humble Opinion by John!
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.