Thursday, February 24, 2011

National Popular Vote Virus Spreads to Vermont

The whole point of writing the constitution to allocate two senators each to the States was to reassure the smaller ones by population that the larger ones would not be able to exert unfair advantage over them in the nation's Legislative branch, and to get them thereby to join the union.

Another way of stating this principle is that population was meant to be reflected in the composition of the US House, but deflected in the Senate. The latter was originally designed to be a creature of the States, not of the people. That is why State Legislatures elected US Senators until the passage of the 17th Amendment in 1913, the same year that gave us the Federal Reserve and the income tax. Bad things always seem to happen in threes.

Today it is reported here that the senate of the only State of the union which has a Socialist for a US Senator, Vermont, has decided to advance the NPV measure, which should not be confused with the acronym for the Human Papilloma Virus. The National Popular Vote initiative, already passed in 6 States and DC, seeks to deny the will of the voters in a State by allocating its electoral votes to the national popular vote winner, not necessarily to the winner of that State.

In the same way that the 17th Amendment sought to weaken the power of the State governments, the National Popular Vote initiative would make it even more irrelevant. What is more, the scheme really represents a rival electoral college which seeks to make the president, like US Senators, a creature directly of the people, in this case of the whole people, and a simple majority of the whole people at that.

If you thought the States have not mattered much in recent years, under the NPV they will mean even less than they already do. Large urban population centers, Democrat bastions, will increasingly replace States not just as campaign stops, but as constituencies. And it is they to whom presidents will become increasingly responsive, at the expense of State capitals.

The States are not dead yet, as people who live in the 26 which have successfully challenged Obamacare in court will tell you. But it is a sign of their weakened sense of themselves that so many are staking everything on their appeals in the courts instead of passing counter legislation and forcing the Federals to sue them. Arizona is a striking exception in this regard in the immigration area, and should be imitated more widely and more often, which prospect the recent and deep Republican resurgence in the States may portend.

When pestilences like the National Popular Vote initiative stop getting traction in the Legislatures, we'll have more reason to be sanguine about the future of the Republic.