Would it be constitutional if states with 270 electoral votes change now how we elect future victors
The U. S.Constitution established the Electoral College. but some states are offering their Electoral College votes to the winner of the popular vote, regardless of how their state's citizens expressed their own preference. Would this circumventing of federalism be constitutional? If once achieved, could states withdraw from such a proposed compact that is intended to give the winner of the popular vote the presidency regardless of how other states feel?
How each state's electors vote is not regulated on the federal level, either by the constitution or by another federal law. The rules and laws vary by state. So it would not be unconstitutional for a state to give their electoral votes based on the popular vote and wouldn't be illegal if not forbidden in that specific state's laws.
The following link verifies that there are no constitutional or federal restrictions on how the electoral college casts their vote and gives a list of the relevant state laws: https://www.archives.gov/federal-regist … ctors.html
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