Some time ago I wrote about the Electoral College and its role in the usurpation of the peoples' will that was the 2000 presidential election (Waiter: There is an Elector in My Democracy). The state of Maryland is the first state to ratify the radical idea thatin the 21st century the people should elect the President. Governor Martin O'Malley signed the National Popular Vote Plan, an interstate compact that assigns all of a state's Electoral College vote to the winner of the national popular vote for President. Once a majority of the Electoral College is restricted to a ceremonial role (270 electors), those states agree that their electors will always vote for the popular vote winner. The Plan admittedly bypasses the intentionally cumbersome procedure for amending the Constitution. But an interstate compact like the National Popular Vote Plan is entirely legal and binding. No where in the Constitution is there a provision dictating how a state must allocate its assigned electoral votes. Article II says only, "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors." The Supreme Court has repeatedly explained the provision gives plenary power for allocating electors to the states. The Constitution never mandated a state winner take all system that is currently in use. In the first three presidential elections electors were chosen directly by state legislatures or elected under a district system of allocation. Nebraska and Maine still use a district system.
Other states, such as Colorado, are considering adopting the compact. Hawaii's legislature has already passed a bill. It is becoming increasing clear that by the current electoral convention, voters in states not considered "battleground states" are being effectively disenfranchised-- made mere spectators of the process in competitive states with enough votes to give a candidate an electoral majority. The interstate compact plan makes every citizen's vote for President count, thus requiring a candidate to solicit votes from all fifty states. Way to go, Maryland!