The constitution does not prohibit any of the methods that were debated and rejected. Indeed, a majority of the states appointed their presidential electors using two of the rejected methods in the nation’s first presidential election in 1789 (i.e., appointment by the legislature and by the governor and his cabinet). Presidential electors were appointed by state legislatures for almost a century.

Neither of the two most important features of the current system of electing the President (namely, universal suffrage, and the 48 state-by-state winner-take-all method) are in the U.S. Constitution. Neither was the choice of the Founders when they went back to their states to organize the nation’s first presidential election.

In 1789, in the nation’s first election, the people had no vote for President in most states, only men who owned a substantial amount of property could vote, and only three states used the state-by-state winner-take-all method to award electoral votes.

The current 48 state-by-state winner-take-all method (i.e., awarding all of a state’s electoral votes to the candidate who receives the most popular votes in a particular state) is not entitled to any special deference based on history or the historical meaning of the words in the U.S. Constitution. It is not mentioned in the U.S. Constitution, the debates of the Constitutional Convention, or the Federalist Papers. The actions taken by the Founding Fathers make it clear that they never gave their imprimatur to the winner-take-all method.

The constitutional wording does not encourage, discourage, require, or prohibit the use of any particular method for awarding the state’s electoral votes.

As a result of changes in state laws enacted since 1789, the people have the right to vote for presidential electors in 100% of the states, there are no property requirements for voting in any state, and the state-by-state winner-take-all method is used by 48 of the 50 states. States can, and frequently have, changed their method of awarding electoral votes over the years.

IMO, it’s more likely that Maine would give the GOP nominee an electoral vote than Obama getting one from NE.

Nice to see you on the Sunday show, Jake. They need to dump Stephie and make you the permanent host. Stephie is way too biased and his interviews are overrated. And he often fails to pursue his questions and force these pols (both parties) to answer the question he asked.

He has become very unpopular here, and I know a number of folks who voted for him the first time who now say they will not. Additionally, I know of absolutely no one who has gone the other way.

There are many more anti-Obama stickers on cars, and far fewer pro-Obama.

However, Obama does enjoy one proven advantage here, one that the Republican party did not respond to last time.

In the last cycle, Obama opened a campaign office here, with a minimum of 15 paid staffers.
The Republicans responded in no way, leaving the Douglas County [Omaha} Republican Party Executive Director the only paid staffer in opposition.

An article the other day in the Omaha World-Herald said Obama will open a campaign office here March 15. We’ll see if the Republicans are able to respond.

With the current system, a third party candidate winning in any state would increase the chances of no candidate getting at least 270 electoral college votes.

In the event of no candidate getting at least 270 electoral college votes, the House of Representatives decides who will be president.

Article II, section 1 of the Constitution, stipulates that in the event of no candidate getting at least 270 electoral college votes, the House of Representatives decides who will be president. With National Popular Vote this would never happen, because the compact always represents a bloc consisting of a majority of the electoral votes. Thus, an election for President would never be thrown into the House of Representatives (with each state casting one vote) and an election for Vice President would never be thrown into the Senate (with each Senator casting one vote).

The National Popular Vote bill would guarantee the Presidency to the candidate who receives the most popular votes in all 50 states (and DC).

Every vote, everywhere, would be politically relevant and equal in presidential elections. No more distorting and divisive red and blue state maps. There would no longer be a handful of ‘battleground’ states where voters and policies are more important than those of the voters in more than 3/4ths of the states that now are just ‘spectators’ and ignored.

When the bill is enacted by states possessing a majority of the electoral votes– enough electoral votes to elect a President (270 of 538), all the electoral votes from the enacting states would be awarded to the presidential candidate who receives the most popular votes in all 50 states and DC.

The bill uses the power given to each state by the Founding Fathers in the Constitution to change how they award their electoral votes for President. Historically, virtually all of the major changes in the method of electing the President, including ending the requirement that only men who owned substantial property could vote and 48 current state-by-state winner-take-all laws, have come about by state legislative action.

In Gallup polls since 1944, only about 20% of the public has supported the current system of awarding all of a state’s electoral votes to the presidential candidate who receives the most votes in each separate state (with about 70% opposed and about 10% undecided). Support for a national popular vote is strong among Republicans, Democrats, and Independent voters, as well as every demographic group in virtually every state surveyed in recent polls in closely divided Battleground states: CO – 68%, FL – 78%, IA 75%, MI – 73%, MO – 70%, NH – 69%, NV – 72%, NM– 76%, NC – 74%, OH – 70%, PA – 78%, VA – 74%, and WI – 71%; in Small states (3 to 5 electoral votes): AK – 70%, DC – 76%, DE – 75%, ID – 77%, ME – 77%, MT – 72%, NE 74%, NH – 69%, NV – 72%, NM – 76%, OK – 81%, RI – 74%, SD – 71%, UT – 70%, VT – 75%, WV – 81%, and WY – 69%; in Southern and Border states: AR – 80%,, KY- 80%, MS – 77%, MO – 70%, NC – 74%, OK – 81%, SC – 71%, TN – 83%, VA – 74%, and WV – 81%; and in other states polled: CA – 70%, CT – 74%, MA – 73%, MN – 75%, NY – 79%, OR – 76%, and WA – 77%. Americans believe that the candidate who receives the most votes should win.

The bill has passed 31 state legislative chambers in 21 small, medium-small, medium, and large states. The bill has been enacted by 9 jurisdictions possessing 132 electoral votes – 49% of the 270 necessary to bring the law into effect.

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