Destroying the Electoral College: The Anti-Federalist National Popular Vote Scheme

In this Legal Memorandum, the Heritage Foundation’s Hans A. von Spakovsky explains several serious issues with the National Popular Vote (NPV) plan, the latest in a long line of schemes designed to replace the Electoral College. According to von Spakovsky, based on the ideals of this nation’s Founders, the Electoral College has proved itself to be both effective in providing orderly elections for President and resilient in allowing a stable transfer of power of the leadership of our democracy. In the author’s opinion, while it would be a mistake to replace the Electoral College, replacing this system with the NPV proposal would be a disaster. As von Spakovsky illustrates, the NPV scheme would devalue the minority interests that the Founders sought to protect, create electoral administrative problems, encourage voter fraud, and radicalize the U.S. political system. It also would likely violate the U.S. Constitution’s Compact Clause while directly contravening the Founders’ view of federalism and a representative republic. In an age of perceived political dysfunction, effective policies already in place – especially successful policies established by this nation’s Founders, such as the Electoral College – should be preserved.

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The Center for Competitive Politics is now the Institute for Free Speech.