9.19.1 MYTH: The President’s powers would be changed by a national popular vote.
QUICK ANSWER:
- Because the National Popular Vote compact is state legislation that would not alter the U.S. Constitution, no power that the President possesses under the U.S. Constitution would be enhanced or diminished by it.
- If it were true that electing the President on a nationwide basis would increase presidential authority, then it would necessarily have to be the case that presidential authority today is hobbled because of the use of the state-by-state winner-take-all rule. We are not aware of any evidence that this is the case today.
The National Popular Vote compact is state legislation. It would not alter the U.S. Constitution. In particular, it would not augment or diminish any power possessed by the President under the U.S. Constitution.
The National Popular Vote compact would, in effect, make a change in the “district” from which presidential electors are elected. Under current state winner-take-all statutes, state boundary lines define the “districts” used to elect presidential electors. Under the National Popular Vote compact, presidential electors would be elected from a single national “district.” Changing these “district” boundaries would not diminish or augment any power possessed by the President under the U.S. Constitution.
If it were true that electing the President on a nationwide basis would increase presidential authority, then it would necessarily have to be the case that presidential authority today is hobbled because of the use of the state-by-state winner-take-all rule. We are not aware of any evidence that the power of the Presidency is hobbled by the current system.