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- #41
I agree with you, Congress would have to approve of it... I think if the participating states wanted this, I don't see congress getting in their way, where is the upside in refusing the voter to be better represented?However, the Court required explicit congressional consent for interstate compacts that are "directed to the formation of any combination tending to the increase of political power in the States, which may encroach upon or interfere with the just supremacy of the United States"
A compact which will render irrelevant the electoral votes irrelevant in any Presidential election will "increase the political power" of the member states relative to the non-member states.
Even the 9th circuit will strike this.
In court it would not be increasing power of what they already got. They have 58 electoral votes, they are just moving from a winner takes all, which is not in the constitution to a proportional share of their votes...
Again this isn't Liberal v Conservative issue, this is about giving a better representation to individual states. Alabama, Tennessee, South Carolina & New York not have to be fought for instead of being sure things for either party. Each electoral vote has to be won...