RNC stomps Electoral College switch (re plans afoot for popular vote)

WashTimes ^ | 8-5-11 | Ralph Z. Hallow

[Political Junkie Too]

In McPherson v. Blacker 1892], the Court ruled that the state has a plenary [meaning exclusive, unalterable] right to establish the method of selecting its electors and the Compact Clause does not apply ...

However, the current NPV movement is such that the individual state's method of choosing its electors only changes when enough states join the compact totaling 270 electoral votes.

As I've said before in past threads, if a state chooses to award its electoral votes to the winner of the national popular vote REGARDLESS of how many other states join the compact, more power to them -- it's their plenary right as you indicate. Those states should begin doing so in 2012 without waiting for other states.

It is only when they make it contingent on other states joining the compact that things change. At that point, in my opinion it becomes a compact between states requiring Congressional approval.

-PJ