Posted by
Newsentinel on Friday, August 13, 2010 3:25:35 PM
By Newsentinel, August 4, 2010
Who are the Amar brothers? And what plan did they hatch?
The Amar brothers are Akhil Reed Amar and his younger brother Vikran Amar. They are prominent law professors who dwell, philosophically, on the left side of America's political spectrum. Hence the Amar brothers could not have been happy when Al Gore, a darling of the left, lost the 2000 presidential election to George W. Bush. Even more galling to leftists, Gore received 1.5% more popular votes, 50,999,897 votes (48.4%) to Bush's 50,456,002 votes (47.9%). Gore carried 20 states plus the District of Columbia. Bush carried 30 states.
To the chagrin of Democrats, the Electoral vote placed Bush in the White House instead of Gore. Bush received 271 electoral votes to Gore's 266 electoral votes. And that brings us to the plan hatched by the Amar brothers. It is called the National Popular Vote (NPV) plan. In December 2001, the Amar brothers co-wrote and published an article, "How to Achieve Direct National Election of the President Without Amending the Constitution." The intent was, still is, to circumvent -- in essence, to render ineffective -- the Electoral vote process for electing a president that is set forth in Article II, Section 1 of the Constitution of the United States.
Under the NPV plan, states whose legislatures agree to participate in the plan enter an interstate compact. Under their interstate compact, the presidential candidate who receives the most popular votes is awarded all the Electoral votes held by states in the NVP interstate compact. This is the clever plan devised by the Amar brothers that could re-elect Barack Obama in 2012. The NPV plan is attracting Democratic-leaning Blue States. When enough states holding a majority of electoral votes (270) participate in the NPV plan, the interstate compact goes into effect.
The National Popular Vote plan is supposed to be all about electing a president on the basis of the popular votes cast. But, will it turn out that way? Suppose enough Blue Democratic states, which together control a majority of 270 electoral votes, participate in the NPV plan. What would prevent the member states of the NPV interstate compact from electing a president based on their majority of Electoral votes, regardless of whether that candidate has received most of the popular votes cast? The NPV plan raises many thorny issues.
So far, the states that are participating in NPV are traditionally-Democratic Blue States: Hawaii (4 electoral votes), Illinois (21 electoral votes), Maryland (10 electoral votes), New Jersey (15 electoral votes), Washington (11 electoral votes), and Massachusetts (12 electoral votes). It is anticipated that New York (31 electoral votes) and the District of Columbia (3 electoral votes) will participate in the NPV plan, both of which represent deep Blue, heavily-Democratic regions of the country.
Circumventing the Electoral process, by means of the NPV plan, also circumvents the intentions of the Framers of the Constitution whose basic aim was to distribute power among all citizens of all the states. The essential purpose of the Constitution, as stated in its Preamble, is to bring about a more perfect Union. It is not to bring about an imperfect Union by giving a political advantage to people of heavily populated regions of the Union and to place people who live in thinly populated areas at a political disadvantage. One of the ways the Framers chose to help bring about a more perfect Union is the Electoral voting process for electing presidents.
As a matter of fact, the Framers of the Constitution struggled to devise the Electoral voting process. It was no easy task for them to assure a political balance between the large (heavily populated) and the small (thinly populated) states. Electing a president by popular vote was suggested at the Philadelphia Convention, but it was rejected by the Framers. The Framers wisely arrived at an ingenious plan, the Electoral vote process, which has stood the test of time and, until now, has withstood partisan attacks made against it.
Make no mistake about it, striking a political balance between heavily populated regions of this country and sparsely populated regions is just as important now as it was then. Under the Amar brothers' NPV plan, as few as eleven states, heavily populated states that hold a controlling majority of Electoral votes (270), could decide who will be elected president in 2012. If enough Democratic Blue States, under the NPV plan, combine their electoral votes to reach the magic number of 270, where does that leave the voters who live in the vast Red State region of the United States? Left out of the process. That's where. Casting meaningless votes. That's where. With Barack Obama elected president again in 2012. That's where.
The Amar brothers' NPV plan apparently was designed to work to the distinct advantage of Democratic presidential candidates and to the obvious advantage of Barack Obama.
For information about the Electoral vote process, go here http://www.archives.gov/federal-register/electoral-college/laws.html and for additional information about the number of electoral votes held by each state, go here http://www.archives.gov/federal-register/electoral-college/calculator.html
To read the article, "How to Achieve Direct National Election of the President Without Amending the Constitution", by Akhil and Vikran Amar, which is mentioned above, go here http://writ.news.findlaw.com/amar/20011228.html
UPDATE: For additional commentary on the National Popular Vote plan, go here http://www.columbialawreview.org/assets/pdfs/108/1/Gringer.pdf
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