1.16.5 MYTH: THE NATIONAL POPULAR VOTE COMPACT REQUIRES CONGRESSIONAL CONSENT TO BECOME EFFECTIVE.
QUICK ANSWER:
- The U.S. Supreme Court has ruled that congressional consent is only necessary for interstate compacts that “encroach upon or interfere with the just supremacy of the United States.” Because the choice of method of appointing presidential electors is an “exclusive” and “plenary” state power, there is no encroachment on federal authority.
- Thus, under established compact jurisprudence, congressional consent would not be necessary for the National Popular Vote compact to become effective.
- Nonetheless, National Popular Vote is working to obtain support for the compact in Congress.
[Source. Relevant case is Virginia v. Tennessee.]
