Most of the recent news coming out of Virginia has centered on efforts by Governor Abigail Spanberger and her Democrat accomplices in the legislature to override the state constitution, abolish Virginia’s bipartisan redistricting commission, and impose a radical gerrymander on the Commonwealth. Yet another bill adding Virginia to the National Popular Vote Interstate Compact (NPVIC), which Spanberger is soon expected to sign into law, is potentially just as damaging – not only to Virginia’s Constitution, but the U.S. Constitution as well.
For those who may be unfamiliar with it, the NPVIC is an ongoing strategy by Democrat states to neutralize that pesky Electoral College. According to its handy one-page explainer, “The National Popular Vote Interstate Compact will guarantee the Presidency to the candidate who receives the most popular votes in all 50 states and the District of Columbia. It will apply the one-person-one-vote principle to presidential elections and make every vote equal.”
How will it achieve this? Through a formal agreement among states controlling 270 or more presidential electors to cast all of their Electoral College votes for the ticket that wins the national popular vote – regardless of who wins in the individual states. For instance, if Virginia had been in the NPVIC in the 2024 election and it had been in effect, Virginia would’ve been forced to pledge its 13 electoral votes to Donald Trump, despite the fact that Kamala Harris won Virginia by about six points.
In short, it’s an end-run around the Constitution to effectively abolish the Electoral College and institute a nationwide popular vote for president – without going through the proper process of amending the Constitution itself.
Originally launched in response to the Electoral College victory (271-266) of Republican George W. Bush despite losing the nationwide popular vote by 537,179 to Democrat Al Gore, the NPVIC was sold as an effort to ensure that presidential elections are more “democratic.” But it is in reality a scheme to endow the high-population, Democrat-dominated regions of the country with even more political power than they already wield.
The NPVIC got off to a slow start, but 17 states and the District of Columbia have now joined. The following list of current members and their number of presidential electors will be all too familiar:
California (54), Colorado (10), Connecticut (7), Delaware (3), Hawaii (4), Illinois (19), Maine (4), Maryland (10), Massachusetts (11), Minnesota (10), New Jersey (14), New Mexico (5), New York (28), Oregon (8), Rhode Island (4), Vermont (3), Washington (12), and the District of Columbia (3).
When Virginia joins, its 13 electors will raise the NPVIC’s cumulative electoral total to 222, leaving the NPVIC 48 short of the needed electors. If they ever hit the magic number, the NPVIC states will claim the right to choose the president regardless of how the rest of the country votes.
Of course, such an outcome would undoubtedly be subject to legal action, as the NPVIC conflicts with at least two constitutional provisions, including the 12th Amendment, which states:
“The Electors shall meet in their respective states and vote by ballot for President … and transmit sealed to the seat of the government of the United States, directed to the President of the Senate — The President of the Senate shall, in the presence of the Senate and House of Representatives, open all certificates and the votes shall then be counted … the person having the greatest number of votes for President, shall be the President if such number be a majority of the whole number of electors appointed.”
The 12th Amendment was adopted for the purpose of preventing what the NPVIC is designed to accomplish. This is why it begins with the words, “The electors shall meet in their respective states.” Its purpose is to prevent combinations by any group of states to dilute the electoral influence of others. The NPVIC also runs afoul of the Constitution’s “Compact Clause,” which forbids states from entering into compacts with other states without the consent of Congress. This clause is meant to prevent states from forming cartels. That violation, as Thomas Jipping of the Heritage Foundation explains, is the surreptitious purpose of the NPVIC:
“While maintaining the façade of the Electoral College, the NPV compact would reduce the body of states that elect the President from the ‘United States of America’ to the ‘NPV compact states.’ These few states would be the only ones with an actual, genuine role in electing the President. They would not simply contribute to the presidential election outcome, as every state does in the Electoral College system—but would literally dictate that outcome… In this, the NPV compact is like a political cartel.”
It goes without saying that these violations of the Constitution would produce an avalanche of lawsuits from Republican states. The ensuing litigation would certainly result in a Supreme Court battle that would be far more arcane than Bush v. Gore, and the inevitable ruling against the NPVIC would result in a Democrat reaction that would make even their most unhinged antics to date seem rational by comparison.
Moreover, even if the constitutional issues raised by the compact could somehow be resolved amicably, there is virtually no possibility that the Democrat signatories to the NPVIC would honor the compact if a Republican won the popular vote.
All of this could be avoided if the Democrats were truly interested in “one person, one vote.” That goal could be accomplished without the convoluted process proposed by advocates of the NPVIC. The states could pursue reform by simply choosing to allocate their electoral votes proportionally. Nebraska and Maine have already changed their allocation systems to something approximating this method, and it creates no conflict with the Constitution. It would, however, reduce the electoral power that the big Democrat states wield. If California went to such a system, at least 20 of its 54 electoral votes would go to the Republicans.
This is why no Democrat-controlled state would dream of going to a fully proportional system. It is why they have concocted the unconstitutional and undemocratic National Popular Vote Interstate Compact. They aren’t interested in genuine electoral reform. They want to shift more power to heavily populated, Democrat-dominated regions (which, conveniently, have an atrocious record on election integrity) and keep the electoral advantage they already possess in large states like California, New York, and Illinois.
The NPVIC is, in other words, just another Democrat attempt to rig a game they can’t win honestly. And now Virginia’s new Democrat governor and her legislative accomplices want in on the scam.
David Catron is a Senior Editor at the American Spectator. His writing has also appeared in PJ Media, the American Thinker, the Providence Journal, the Catholic Exchange and a variety of other publications.
Wouldn’t it be wonderful if the democrats channeled their efforts into doing the right thing instead of scheming to grasp more power over the people? In a democracy the majority rules, but in a republic the individual is protected from the majority. We are a republic. Ben Franklin said, “Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well armed lamb contesting the vote.” Long live our republic, one nation under God. Excellent article, David.
The popular vote is mob rule. The issue with the electoral college is that individual states don’t employ a version of it and as such becomes the very problem the nation would face if it were to abolish it. Largely populated counties or provinces drown out lesser ones time and again. This is why democrats want this, blue states stay in power because of it. A rigged system will be our undoing. Mob rule is tyranny.
God Bless President Trump, pass the SAVE ACT.
It won’t be long before a liberal Democrat federal district court judge declares the Constitution to be unconstitutional. Don’t laugh it will happen it is already happening
Once the Democrats nullify the Electoral college, our nation can be kissed “goodbye” and say “hello” to oblivion.
More treason from Democrats. Their oaths are meaningless lies. Still secessionists at heart.
The radical liberals are trying to overthrow our Constitutional Republic. One of the things the GOP that we elected to uphold OUR values need to do is stop being apathetic. The Democrats simply seem to be able to roll over them. When is the GOP in DC going to grow some you-know-whats and actually stand up for their constituents instead of standing back and acting as if they don’t give a damn?? Believe me, these radicals are laughing at how easy it has become to overcome Republicans in Congress. Does Trump not see this happening?
again, this has been going on for years that the democrats want single party rule and a dictator ruler. however, Americans still vote for democrats. Thus, when we lose our republic, these dumb Americans will finally understand that they voted away their freedom to the communists democrats. these people will then get what they deserve and they cannot go back to our constitition.
Ah that pesky Constitution, the only obstacle between the” Democrats” and their desire for total control of the country. They’d burn it in a heart beat . If the mob thinks “democrat” is it’s friend, it has a huge eye opening awaiting Like New Yorkers Ain’t no such thing as “free”. Useful idiot is only that and no more.
The Democrats are truly sinister. God help us if they ever get control of all three legislative branches again, as they did when Joe Biden slept in the White House!
Susan Rice was on television threatening companies, banks and Wall Street with retribution when they are in charge again! Such hateful representatives of a party that dares to call itself “Democratic”!!!
Democracy is, and has always been, a danger to liberty, competent governance, and rule of law. It is rule by the mob, as “motivated” by demagogues — and the Progressives and socialists excel at demagoguery.
This NPVIC, like virtually all other Democratic Party-proposed legislation, violates the spirit of the US Constitution, and is clearly an attempt to bypass it to take advantage of their vast superiority in election frauds [registering the dead, felons, aliens, and mentally disabled “persons in care”]. This law needs to be stopped, if necessary by SCotUS.
We also need to repeal the 17th Amendment and go back to indirect election of US Senators by the State Senates, and repeal the 16th & 24th Amendments to restore the federal poll tax, eliminate the anti-privacy/anti-growth progressive income tax, and have the federal government rely on poll tax, tariffs, and excises. Why? Because no one should vote in federal elections who does not pay SOME federal tax — either income tax or poll tax — except for serving, retirees, and honorable-discharge veterans of federal uniformed services [military, USCG, NOAA, USPHS, USBP].
All of this is very seditious behavior!
Good article and informative to the continuing tyranny of the Left. I might add that the 14th Amendment states clearly that any State ABRIDGING a citizen’s valid vote “in any way” shall yield a penalty of loss of Representation in the House of representatives by proportion to all eligible voters in a state AND, coincidentally, a like loss of Electors in the College. Therefore, every State entering into this CONSPIRACY to defraud the Constitution and every eligible citizen voter should be penalized according to the Constitution’s 14th Amendment with a loss of total # of eligible voters defrauded to the total number of eligible voters, 100%:
California (54), Colorado (10), Connecticut (7), Delaware (3), Hawaii (4), Illinois (19), Maine (4), Maryland (10), Massachusetts (11), Minnesota (10), New Jersey (14), New Mexico (5), New York (28), Oregon (8), Rhode Island (4), Vermont (3), Washington (12), and the District of Columbia (3).
NET: DEM fewer Electors=213 and 209 fewer DEM Representatives in the House.
ENFORCE IT!!!
So. Isn’t that the lady who didn’t know whether or not she made over 6 million dolllars in one year?
This is not a one State issue. All of the other states, conservative in particular, have the right and obligation to sue any and all states that attempt to circumvent the U. S. Constitution in this manner for federal elections. It affects everyone, not just their one state. We are responsible for stopping such illegal attempts by the left to destroy our freedoms and our voice.
The Constitutional Electoral College guarantees representation by every part of the country and by all the people of the country equally. That is how our constitutional republic was set up to operate and the way it should be. This is not a democracy. It was never intended to be a democracy. It is government by all the people, not mob rule. We are a Constitutional Republic.
Thanks for your ear.
Clearly Democrat communism. Stop it.Obama rigged got Spanberger into Va
It’s time for the judges to be judged! I find them beneath contempt and have the same contempt for their kangaroo courts!
The Democratic Party and their allies are all enemies to our country and the American people! We the true American people must end and destroy all our enemies!
And we have 6 losers on the SC, imo. Not good.
I WISH THIS ARTICLE WOULD LET ME SEND THIS TO MY RELATIVES IN VIRGINIA!
John Marshall, Chief Justice (1801–1835) and a staunch Virginia Federalist, strongly opposed the adoption of the “winner-take-all” system for electing the president, viewing it as a partisan, unprincipled mechanism. A furious Marshall declared that he would never vote for president again while that system remained in place.
Wow! First I’ve heard of this illegal gambit by the “usual suspects”. They NEVER stop in their quest for absolute power – our citizens and the Constitution
WE can not allow the States that think they are more important than the entire base of voters that belong to the State. Obama tried to make this happen and tried to get rid of the Constitution and the Bill of Rights. He was bombarded and told to keep his nose out of the Constitution and the Bill of Rights. No one and I mean no one in Congress has the right to decide for Americans what has been suggested. Every State must select their own people from their State to be in Congress. There should be a limit to how many years that a member of Congress should serve. Not 40 years. That Limit is way past some of those members of Congress who refuse to acknowledge that they have been in there too long. Over Paid and under deserving of any more money.
Where is the legal challenge for this un-Constitutional method? Seems the LEFT is completely organized to undo our Constitution while the other side stands by watching!
Explore how the National Popular Vote Interstate Compact (NPVIC) aims to reduce the influence of massive campaign spending by eliminating the “winner-take-all” Electoral College structure and the resulting focus on a handful of swing states.
There is absolutely no hope for our country!! DOOMED!!!
Staunch defenders of the Winner-Take-All electoral college option promise it will prevent “mob rule”; however, the January 6, 2021, attack on the U.S. Capitol is an example of “mob rule” it enabled.