The Democrat-controlled legislature recently passed a bill signing Colorado on to the National Popular Vote (NPV) compact. If enough states sign on, representing a majority of electoral votes, the compact says all of those states’ electoral votes must go to whomever wins the national popular vote for president. In other words, it would upend the Electoral College system.
Constitutional scholar Rob Natelson recently sat down with Mike Krause to discuss the many problems, including constitutional issues, with the NPV on the Independence Institute’s* public affairs tv show Devil’s Advocate (airs Friday nights at 8:30 on Colorado Public Television).
Rob notes there is a line of legal precedent, including at the Supreme Court, that says when states exercise power pursuant to the Constitution, such as the power to choose electors, “you have to exercise that power in a way consistent with the Founders’ design.” The exercise of that power under the NPV, says Rob, “is not consistent with the public trust, not consistent with the Constitution.”
He explains further in the video below.
*Complete Colorado is a project of the Independence Institute.