Another Constitutional Erosion: Bypass the Electoral College
New York Magazine: Electoral College One Step Closer to Death
With the signing of legislation passed today, Massachusetts will become the latest state to join the National Popular Vote movement, an interstate compact among states who agree to give their electoral votes to whichever presidential candidate wins the overall popular vote. The compact will only take effect once enough states sign on so that their collective electoral votes surpass 270, the minimum number required for a presidential candidate to win. With Massachusetts joining Hawaii, Illinois, Maryland, New Jersey, and Washington, that number is now up to 73. (New York’s Senate passed the bill last month, but Sheldon Silver has yet to bring it up for a vote in the Assembly.) Even though Massachusetts is one of many states routinely ignored by presidential candidates under the current system, not all the lawmakers there are comfortable with change. According to the Boston Globe, “Senate minority leader Richard Tisei said the state was meddling with a system that was ‘tried and true’ since the founding of the country.” Tried, yes. True? Is that a joke?
Listen to 7-27-2010 Mark Levin Show explain why this would hurt the country- here
Daniel Lowenstein teaches Election Law, Statutory Interpretation & Legislative Process, Political Theory, and Law & Literature. A leading expert on election law, he has represented members of the House of Representatives in litigation regarding reapportionment and the constitutionality of term limits. He is a member of the Board of Directors of the award-winning theatre troupe Interact and regularly brings the company to the School of Law to perform plays with legal themes, such as Sophocles’ Antigone, Ibsen’s Rosmerholm, and Wouk’s The Caine Mutiny Court Martial.
Professor Lowenstein worked as a staff attorney at California Rural Legal Assistance for two and one-half years. While working for California’s Secretary of State, Edmund G. Brown Jr. in 1971, he specialized in election law, and was the main drafter of the Political Reform Act, an initiative statute that California voters approved in 1974, thereby creating a new Fair Political Practices Commission. Governor Brown appointed Professor Lowenstein as first chairman of the Commission. He has served on the national governing board of Common Cause and has been a board member and a vice president of Americans for Nonsmokers’ Rights.
Justice Antonin Scalia: The US Constitution is ‘Dead’