David Davenport: Popular Vote Power Play


Democrats are frustrated that they have lost the presidency in the Electoral College twice in the 21st century.  But instead of amending the Constitution, they are going to courts and state legislatures.

Four lawsuits claim that votes for the losing candidate in a winner-take-all electoral vote are not counted equally as required by the 14th Amendment.  Of course all the votes are counted at the state level, as the Constitution provides, so this should be a losing argument, but these days who knows?

At the same time they seek to pass the National Popular Vote Bill in state legislatures requiring electors to cast votes for the winner, not of their state vote, but of the national popular vote.

If you want to change the Constitutional requirement of electoral voting, it should be done by a proper amendment, not an end run or a legal power play.