Saving the Electoral College

The 2016 election caused many pundits and citizens alike to decry the Electoral College. This book explains the dangerous and unconstitutional implications of the National Popular Vote Bill, which is quietly passing in state houses across the nation. Ever since the Founding Fathers created the Electoral College, Congress has tried to overturn it. The latest attempt is taking place not in Congress, but in state legislatures around the country, where a well-financed campaign by a private California group calling itself "National Popular Vote" (NPV) is proposing an "interstate compact" to circumvent the process for amending the U.S. Constitution. If adopted by states representing a majority of electoral votes, the signatory states would bind themselves to ignore the popular votes within their respective states, and instead allocate their electoral votes to the candidate whom the media proclaimed to be the "national popular vote" winner. In this new history of the Electoral College, law professor Robert M. Hardaway lays bare the constitutional loopholes that have allowed this movement to succeed in states representing approximately half the electoral votes necessary to purportedly bind those states to ignore the popular vote of the people within their respective states. The presentation of the information in this book to state legislatures considering the compact, resulted in complete reversal of preconceived perceptions about how presidential elections should be conducted.

Robert M. Hardaway is professor of law at the University of Denver Sturm College of Law where he teaches evidence and civil procedure and election law. He is the author of numerous law review articles and books on the Electoral College and election law.

Preface Acknowledgments Chapter 1 Introduction: John F. Kennedy's Vision of Federalism Chapter 2 The Solar System of Government Power Chapter 3 Electing a President: The Framers' Vision Chapter 4 The Direct Election Illusion Chapter 5 The National Popular Vote Interstate Compact Chapter 6 The Grand Compromise and the Unit Vote: Myths and Misdirection Chapter 7 Presidential Campaigns and Incentives: "That's Where the Votes Are" Chapter 8 Legitimacy and Certainty Chapter 9 The Recount Problem Chapter 10 Myths about the Electoral College: A Response Chapter 11 Reform: Proposals and Alternatives Chapter 12 Conclusion: The Case for Preserving Federalism Appendix A. National Popular Vote Interstate Compact: California's Bill Appendix B. Selected Provisions of the U.S. Constitution Relating to the Electoral College Notes Bibliography Index