Election Law Is About Democracy, Not Politics

It shouldn’t surprise me, but by asking whether there’s a “conservative case for National Popular Vote,” owing to the wide swaths of (comparatively lightly populated) red states, HotAir is asking the precisely wrong question. We don’t select election law norms — or we shouldn’t — because they compel favorable political outcomes. We should select them because they create results that more accurately reflect the people’s will.

On that note, respect to our conservative commentator(s), who engage on that level. Even if we disagree, you’re asking the right questions.



  1. I think the basic case is that if there is a perception that the NPV causes certain outcomes, then removing it will cause other outcomes. And before you say, “Yeah, it will cause the will of the people to be respected,” I think there’s more to it than that. Ideas are transmitted through proximity. This impacts political outcomes and its why the Founding Fathers came up with this system. The federal model is there for a reason. If we don’t respect state-to-state differences in a national election, why have states at all? Why not just lump everyone together and let all policy come from Washington?

    1. Federalism concerns the allocation of power between state governments and the national government. The National Popular Vote bill concerns how votes are tallied, not how much power state governments possess relative to the national government. The powers of state governments are neither increased nor decreased based on whether presidential electors are selected along the state boundary lines, along district lines (as has been the case in Maine and Nebraska), or national lines.

  2. Jack Jefferson · ·

    I concur 100% that our election processes should be designed to maximize the will of the people. I feel that is exactly what the national popular vote proposal does. No longer will those of us in fly over red states be subjected to the overt pandering of candidates to those few citizens who live in battleground states. Let’s make every vote equal. My voice in Oklahoma should be as loud as that of someone in Ohio and Florida.

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