Npv Agreement

Npv Agreement

In the form of an intergovernmental pact, the agreement between the participating states would only enter into force if they together represent the absolute majority of the votes (currently at least 270) in the electoral college. Once in force, participating states would allocate all their votes to candidates with the largest national plebiscite in all 50 states and the District of Columbia. As a result, this candidate would win the presidency by winning a majority of votes in the Electoral College. Until the terms of the pact are met, all states assign votes in their current style. Each U.S. state and the District of Columbia may, under this agreement, become members of this agreement. The National Popular Vote Interstate Compact (NPVIC) is an agreement between a group of U.S. states and the District of Columbia to allocate all their votes to the presidential candidate, who wins the general plebiscite in all 50 states and the District of Columbia. The pact aims to ensure that the candidate with the highest number of votes in the whole country is elected president and would only enter into force if he guaranteed that result. [2] [3] Since November 2020[update], it has been adopted by 15 states and the District of Columbia. These countries have 196 votes, or 36% of the electoral college and 73% of the 270 votes needed to give a compact force of law. According to the IRS report, “the question of whether the NPV initiative requires congressional approval in accordance with the compact clause first requires deciding whether the NPV is an intergovernmental pact.” [50] Yale Law School professor Akhil Amar, one of the members of the pact, argued that the NPVIC would probably not create an intergovernmental state apparatus and that “cooperative states acting together would not exercise more power than they can exercise individually” that NPVIC is probably not an intergovernmental pact and cannot violate the Compact clause.

[51] Conversely, the DE CRS report cites the Court of Justice`s opinion in Northeast Bancorp v. Federal Reserve Board of Governors (1985), that a requirement for a new intergovernmental entity is a sufficient, but not necessary, condition to qualify an intergovernmental agreement as an agreement in accordance with the compact clause. [48] Instead, the IRS report cites the comments of the Virginia Court v. Tennessee and Northeast Bancorp, that any agreement between two or more states covering “all provisions regarding the conduct or claims of the parties” prohibits members from “unilaterally amending or cancelling the agreement” and requires a “reciprocal response” constitutes an intergovernmental pact. The IRS report notes that the NPVIC meets all of these requirements and concludes that “the initiative can be characterized as an intergovernmental pact.” [50] On his face, the Compact Clause supposedly prohibits any interstate pact without congressional approval.