[198][87], In correspondence to the majority opinion's analysis in Thornton of the 1787 Constitutional Convention and the history of state-imposed term limits and additional qualifications for members of Congress, Williams notes that the Convention explicitly rejected a proposal to elect the President by a national popular vote, and that all of the systems adopted by state legislatures to appoint electors in the wake of the ratification of the Constitution (discretionary appointment by the state legislature or state governor, popular election by electoral district, statewide winner-takes-all election) appointed electors directly or indirectly in accordance with voter sentiment within their respective states and not on the basis of votes cast outside of their states. [30] The NPVIC does not include any provision for a nationwide recount, though Congress has the authority to create such a provision. [233][235] Between 1948 and 1979, Congress debated electoral college reform extensively, and hundreds of reform proposals were introduced in the House and Senate. [47] Parties in power have an incentive to create state rules meant to skew the relative turnout for each party in their favor. The Association of Administrators of the Interstate Compact on the Placement of Children (AAICPC) was established in 1974 and consists of members from all 50 states, the District of Columbia and the U.S. Virgin Islands. Maryland is also called the "Old Line State" and "Free State." "The Old Line" nickname was given during the Revolutionary War, when 400 soldiers in the First . [280][281] In Missouri, an initiative did not collect the required number of signatures before the deadline of May 6, 2018. [243] This "electoral misfire" sparked new studies and proposals from scholars and activists on electoral college reform, ultimately leading to the National Popular Vote Interstate Compact (NPVIC). resources. The table below lists past bills that received a floor vote (a vote by the full chamber) in at least one chamber of the state's legislature. On February 17, 2021, the North Dakota Senate passed SB 2271,[289] "to amend and reenact sections relating to procedures for canvassing and counting votes for presidential electors"[290] in a deliberatealbeit indirecteffort to stymie the efficacy of the NPVIC by prohibiting disclosure of the state's popular vote until after the Electoral College meets. It was passed by at least one legislative chamber in Arkansas,[253] California,[42] Colorado,[254] Illinois,[255] New Jersey,[256] North Carolina,[257] Maryland, and Hawaii. "[237] Proponents of these proposals argued that the electoral college system does not provide for direct democratic election, affords less-populous states an advantage, and allows a candidate to win the presidency without winning the most votes.
This happened in the elections of 1824, 1876, 1888, 2000, and 2016. presidential electors) accountable to the federal government rather than their local electorates.
Interstate compacts by state - Ballotpedia Multistate Licensure - Division of Professional Regulation - State of The compact is used to exchange data between motorist's home state and a state where the motorist incurred a vehicular violation. [93] The CRS report notes that while the "functional view of the Compact Clause" established in Virginia v. Tennessee that interstate compacts "will not be invalidated for lack of congressional consent" was upheld by the Supreme Court in New Hampshire v. Maine, U.S. Steel Corp. v. Multistate Tax Commission, Cuyler v. Adams, and Northeast Bancorp,[53][54][55][56] the CRS report cites Cuyler v. Adams, along with St. Louis & San Francisco Railway Co. v. James (1896) and Petty v. Tennessee-Missouri Bridge Commission (1959),[94][95] as establishing that the consent power of Congress is absolute and that Congress can require or deny consent to any interstate compact if it so chooses (and possibly even if the compact does not require explicit consent). [247] Shortly after the press conference, NPVIC legislation was introduced in five additional state legislatures,[251] "most with bipartisan support". [225] A 2007 Washington Post and Kaiser Family Foundation poll found that 72% favored replacing the Electoral College with a direct election, including 78% of Democrats, 60% of Republicans, and 73% of independent voters. The black and Gold designs belong to the Calvert family. Currently, 36 states and two territories are on the list of NLC jurisdictions. One of the original 13 states, it lies at the centre of the Eastern Seaboard, amid the great commercial and population complex that stretches from Maine to Virginia. [216][m][62][n][217][o][218][219][p][62][220][q][221] In Moore v. Harper (2023), the Supreme Court held that the Elections Clauses of Article I, Section IV and Article II, Section I "[do] not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections" in rejection of independent state legislature theory (ISL), ruling that laws passed by state legislatures pursuant to the Elections Clauses are not only restrained by the federal constitution and federal law but remain subject to judicial review by state courts and the constraints of state constitutions. It's Up to Us to End It", "Did the Popular Vote Just Get a Win at the Supreme Court? The Texas license will be made invalid. [29], Some supporters and opponents of the NPVIC believe it gives one party an advantage relative to the current Electoral College system. Maine and Nebraska currently award one electoral vote to the winner in each congressional district and their remaining two electoral votes to the statewide winner. 1. Republican support for replacing the Electoral College with a national popular vote dropped significantly, from 54% in 2011 to 19% in 2016, which Gallup attributed to a partisan response to the 2016 result, where the Republican candidate Donald Trump won the Electoral College despite losing the popular vote. Term Limits, Inc. v. Thornton (1995) that reaffirmed the Court's ruling in Powell v. McCormack (1969) as interpreting analogous language, the CRS report and Norman R. Williams note that the Court concluded that states cannot exercise their delegated powers over the election of members of Congress under the Elections Clause of Article I, Section IV in a way that would "effect a fundamental change in the constitutional structure" and that such change "must come not by legislation adopted either by Congress or by an individual State, but ratheras have other important changes in the electoral processthrough the amendment procedures set forth in Article V."[191][89][192][193] The majority opinion in Thornton (written by Associate Justice John Paul Stevens) concluded that term limits for public office amount to a qualification because term limits "unquestionably restrict the ability of voters to vote for whom they wish", and noted that when term limits were applied to the Presidency, the term limits were created by a constitutional amendment (i.e. The National Popular Vote Interstate Compact (NPVIC) is an agreement among a group of U.S. states and the District of Columbia to award all their electoral votes to whichever presidential ticket wins the overall popular vote in the 50 states and the District of Columbia. State Symbols. "[118], Citing the per curiam decision of Bush v. Gore (2000) as stating that state governments cannot "value one person's vote over that of another" in vote tabulation as well as the Court's opinion in Richardson v. Ramirez (1974),[h][119][120] Willamette University College of Law professor Norman R. Williams has argued that the NPVIC would violate the Equal Protection Clause because it does not require and cannot compel uniform election laws across both compacting and non-compacting states that regulate vote tabulation, voting machinery usage, voter registration, mail-in voting, election recounts, and felony and mental disability disenfranchisement.
General Information Regarding the Interstate Compact [160] In less than seven months after Oregon v. Mitchell was decided in December 1970, the 26th Amendment was ratified by three-fourths of the states under Article V by July 1971, prescribing a minimum voting age in federal, state, and local elections and superseding the Oregon v. Mitchell Section 302 holdings with respect to minimum voting age as a voter qualification. Click here to connect to the NCSBN Nurse Licensure Compactwebsite. What Is the NLC? [247] To promote NPVIC, Koza, Fadem, and a group of former Democratic and Republican Senators and Representatives, formed a California 501(c)(4) non-profit, National Popular Vote Inc. (NPV, Inc.). The Constitution does not mandate any particular legislative scheme for selecting electors, and instead vests state legislatures with the exclusive power to choose how to allocate their states' electors (although systems that violate the 14th Amendment, which mandates equal protection of the law and prohibits racial discrimination, are prohibited). The Senate amended the bill's text to SF 1426, the Senate's companion bill, which does not contain the NPVIC, and passed the amended version on April 20, 2023. [235] Carter himself proposed a Constitutional amendment that would include the abolition of the electoral college shortly after taking office in 1977. 501. What are Compact Nursing States? Others, however, believe that since most states award electoral votes on a winner-takes-all system (the "unit rule"), the potential of populous states to shift greater numbers of electoral votes gives them more clout than would be expected from their electoral vote count alone.[37][38][39]. [50][51] However, the Court required explicit congressional consent for interstate compacts that are "directed to the formation of any combination tending to the increase of political power in the States, which may encroach upon or interfere with the just supremacy of the United States"meaning where the vertical balance of power between the federal government and the compacting state governments is altered in favor of the compacting state governmentswhich the Court reaffirmed in New Hampshire v. Maine (1976), U.S. Steel Corp. v. Multistate Tax Commission (1978), Cuyler v. Adams (1981), and Northeast Bancorp v. Federal Reserve Board of Governors (1985). [45][46] However, evidence from U.S. gubernatorial and other races in which a plurality results in a win do not bear out this suggestion. "[84][83], Ian J. Drake and at least five other legal observers have argued that to replace the Electoral College with a national popular vote may only be done by a constitutional amendment as outlined in Article V.[list 2] The organizers of NPV Inc. dispute that a constitutional amendment is necessary for altering the current method of electing the President because the NPVIC would not abolish the Electoral College,[91] and because states would only be using the plenary power to choose the method by which they appoint their electors that is already delegated to them under the Elections Clause of Article II, Section I.
Pages - Nurse Licensure Compact - Maryland Board of Nursing National Popular Vote contends that an election being decided based on a disputed tally is far less likely under the NPVIC, which creates one large nationwide pool of voters, than under the current system, in which the national winner may be determined by an extremely small margin in any one of the fifty-one smaller statewide tallies. As of 2020, no election outcome has been determined by an elector deviating from the will of their state. [48], The Compact Clause of Article I, Section X of the United States Constitution states that "No State shall, without the Consent of Congress enter into any Agreement or Compact with another State". The State of Maryland pledges
Metropolitan Washington Airports Authority v. Citizens for Abatement of Aircraft Noise, Inc. Arizona State Legislature v. Arizona Independent Redistricting Commission, Office of Trust or Profit under the United States, Congress has the power to create laws under those amendments to enforce, Elections Clause of Article I, Section IV. [262], In Maine, an initiative to join the National Popular Vote Interstate Compact began collecting signatures on April 17, 2016. [245][235] "To many observers, the NPVIC looked initially to be an implausible, long-shot approach to reform",[247] but within months of the campaign's launch, several major newspapers including The New York Times and Los Angeles Times, published favorable editorials.
Compact States 2022 - Trusted Health The Physical Therapy Compact is an agreement between member states to improve access to physical therapy services for the public by increasing the mobility of eligible physical therapy providers to work in multiple states. [18] Pete du Pont, a former governor of Delaware, in an opinion piece in The Wall Street Journal, called the project an "urban power grab" that would shift politics entirely to urban issues in high population states and allow lower caliber candidates to run. to provide constituents, businesses,
Proposals were debated five times in the Senate and twice in the House, and approved by two-thirds majorities twice in the Senate and once in the House, but never at the same time. [212][l][213][214] In his concurring opinion, Associate Justice Clarence Thomas stated that the "powers related to electors reside with States to the extent that the Constitution does not remove or restrict that power"; Thomas cites Williams v. Rhodes as stating that the powers reserved to the states concerning electors cannot "be exercised in such a way as to violate express constitutional commands. The report also stated that 18 states received no candidate visits and no TV advertising.
PDF SB 154 Department of Legislative Services Maryland General Assembly Pages - Physical Therapy Compact Privilege - Maryland Department of Health The allocation of House seats, which is nominally proportional to population, has been distorted by the, Ratified in 1804, the 12th Amendment states, "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; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President." [208][209][210][211], The majority opinion written by Associate Justice Elena Kagan noted that while a state legislature's appointment power gives it far-reaching authority over its electors, "Checks on a State's power to appoint electors, or to impose conditions on an appointment, can theoretically come from anywhere in the Constitution", further noting that the states cannot select electors in a manner that would violate the Equal Protection Clause or adopt conditions for elector appointments that impose additional qualifications for presidential candidates (as the latter could conflict with the Presidential Qualifications Clause of Article II, Section I). [240] In the late 1960s and 1970s, over 65% of voters supported amending the Constitution to replace the Electoral College with a national popular vote,[233] with support peaking at 80% in 1968, after Richard Nixon almost lost the popular vote while winning the Electoral College vote. . Language links are at the top of the page across from the title. [141][83][113] However, the GAO report also noted that the precise parameters of that authority is not as clearly established as it is for congressional elections because the Elections Clause of Article II, Section I is textually more limited than the Elections Clause of Article I, Section IV, and also because the amount of federal legislation related to the administration of presidential elections is relatively limited and federal case law is as well by extensionalthough, in upholding the National Voter Registration Act of 1993 (NVRA), the report noted that federal appellate courts have ruled that the broad authority given to Congress to regulate the administration of congressional elections has been extended to presidential elections. fraud and/or abuse of State government
[260] In Maine, the legislation also passed both chambers in 2019, but failed the additional enactment vote in the House. The red and white design belongs to the Crossland family. The adjacent maps illustrate the amount spent on advertising and the number of visits to each state, relative to population, by the two major-party candidates in the last stretch of the 2004 presidential campaign. [5] Under the NPVIC, each state will continue to handle disputes and statewide recounts as governed by their own laws. The project has been supported by editorials in newspapers, including The New York Times,[7] the Chicago Sun-Times, the Los Angeles Times,[15] The Boston Globe,[16] and the Minneapolis Star Tribune,[17] arguing that the existing system discourages voter turnout and leaves emphasis on only a few states and a few issues, while a popular election would equalize voting power. In Nevada, the legislation passed both chambers in 2019, but was vetoed by Gov. Requirements For eNLC License How To Obtain Your eNLC License What If My State Is Not A Compact Nursing State? Maryland will operate under the new eNLC effective January 19, 2018. JavaScript is required to use content on this page. [201] Due to a lack of a precise precedent and limited case law, the CRS report concludes that whether states are allowed to appoint their electors in accordance with the national popular vote under Article II is an open question and will likely remain unresolved until a future Court ruling in a case challenging the constitutionality of the NPVIC. [251] NPV, Inc. also commissioned statewide opinion polls, organized educational seminars for legislators and "opinion makers", and hired lobbyists in almost every state seriously considering NPVIC legislation. The National Popular Vote Interstate Compact ( NPVIC) is an agreement among a group of U.S. states and the District of Columbia to award all their electoral votes to whichever presidential ticket wins the overall popular vote in the 50 states and the District of Columbia. The ruling concludes that a state's power to condition elector appointments extends to binding the electors to their pledges upon pain of penalty, stating "Nothing in the Constitution expressly prohibits States from taking away presidential electors' voting discretion as Washington does. [2][3] Introduced in 2006, as of June2023[update] it has been adopted by sixteen states and the District of Columbia. Bills that failed without a floor vote are not listed. Graphs are temporarily unavailable due to technical issues. Some states, such as Colorado, Maryland, Nevada, New York, and Pennsylvania, do not assess points for minor offenses and . [235][236] Electoral College reform and abolition has been advocated "by a long roster of mainstream political leaders with disparate political interests and ideologies. [247][235] Bennett and the Amar brothers "are generally credited as the intellectual godparents" of NPVIC. Virginia Has Joined the Nurse Compact - The State of Virginia has joined the Compact as of January 1, 2005. [41] The ratio of the populations of the most and least populous states is far greater currently (68.50 as of the 2020 census[update]) than when the Connecticut Compromise was adopted (7.35 as of the 1790 census), exaggerating the non-proportional component of the compromise allocation. We're available on the following channels. Arizona v. Inter Tribal Council of Arizona, Inc. House Electors Qualifications Clause of Article I, Section II, Representatives Apportionment Clause of Article I, Section II, Presidential Qualifications Clause of Article II, Section I, United States Electoral College Efforts to abolish or reform, University of California Hastings School of Law, Ranked-choice voting in the United States, attempts to overturn the 2020 presidential election, Electoral Count Reform and Presidential Transition Improvement Act of 2022, "Circumventing the Electoral College: Why the National Popular Vote Interstate Compact Survives Constitutional Scrutiny Under the Compact Clause", "Text of the National Popular Vote Compact Bill", "national-1789-present - United States Elections Project", "U. S. Electoral College: Frequently Asked Questions", "States Join Forces Against Electoral College", "How to drop out of the Electoral College: There's a way to ensure top vote-getter becomes president", "National Popular Vote Compact Suggested Resource List", "Myth: The Electoral College acts as a buffer against popular passions", "The Electoral College Was Meant to Stop Men Like Trump From Being President", "U.S. Supreme Court restricts 'faithless electors' in presidential contests", "Agreement Among the States to Elect the President by Nationwide Popular Vote", "Myth: There is no mechanism for conducting a national recount", "Will The Electoral College Doom The Democrats Again? Washington. [248] The legislation could be structured to take effect only once enough states to control a majority of the Electoral College (270 votes) joined the compact, thereby guaranteeing that the national popular vote winner would also win the electoral college. An interstate compact is a contractual arrangement made between two or more states in which the assigned parties agree on a specific policy issue and either adopt a set of standards or cooperate with one another on a particular regional or national matter. [58] Conversely, the CRS report cites the Court's opinion in Northeast Bancorp as suggesting that a requirement of a new interstate governmental entity is a sufficient but not a necessary condition for an agreement to qualify as being an interstate compact under the Compact Clause. Those who argue that the College favors low-population states point out that such states have proportionally more electoral votes relative to their populations. Drake argues that Congress cannot consent to the NPVIC because Congress has no legislative power to alter the Electoral College under Article I, Section VIII, and citing the Supreme Court's ruling in McPherson v. Blacker (1892), Drake notes that Article II, Section I neither enumerates nor implies any powers to or of Congress to create laws stipulating the mode of appointment by which states appoint their presidential electors and only states that Congress may "determine the Time of [choosing] the Electors, and the Day on which they shall give their Votes". [230], The Electoral College system was established by Article II, Section 1 of the US Constitution, drafted in 1787. [84], For congressional elections, the GAO report notes that the Supreme Court held in Smiley v. Holm (1932) that Congress has a general supervisory power over all aspects of the administration of congressional elections under the Elections Clause of Article I, Section IV where Congress "may supplement regulations or substitute its own" to the extent where Congress has the power to "provide a complete code for congressional elections", and that the Court extended the general supervisory power of Congress over congressional general elections to congressional primary elections in United States v. Classic (1941) under both the Elections Clause and the Necessary and Proper Clause of Article I, Section VIII. customers, and stakeholders with
Citing the Court's opinion in U.S. 'Finding' three votes per precinct in urban areas is not a difficult thing". [226], A November 2016 Gallup poll following the 2016 U.S. presidential election showed that Americans' support for amending the U.S. Constitution to replace the Electoral College with a national popular vote fell to 49%, with 47% opposed. In 1824, no electoral vote tie occurred, four candidates (, Under the 23rd Amendment, Congress is delegated the power to create laws directing the mode of appointment for the presidential electors of the District of Columbia while the District itself makes appointment.
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