Bradley A. Smith, Vanity of Vanities: National Popular Vote and the Electoral College, 7 Election L.J. 3, 217 (2008).
U.S. Const. art. II, § 1, cl. 2.
McPherson v. Blacker, 146 U.S. 1, 29 (1892).
Cong. Research Serv., The Electoral College: 1–2.
U.S. Const. amend. XII; 3 U.S.C. §§ 1–21. Congress meets in joint session to count the electoral votes in January. If no candidate wins a majority of the electoral votes, the House selects the President and the Senate selects the Vice President, with each state delegation in the House having only one vote. U.S. Const. amend. XII.
Nebraska and Maine provide for allocation of their electoral vote by congressional districts with two electors awarded to the state-wide winner.
 See National Popular Vote, www.nationalpopularvote.com (last visited Oct. 11, 2011). For a justification for this change in extensive detail, see also John R. Koza et al., Every Vote Equal: A State-Based Plan for Electing the President by National Popular Vote 2011.
James Madison, Notes of Debates in the Federal Convention of 1787 573–575 (W.W. Norton & Co. 1987).
Ross, supra note 10, at 6.
Smith, supra note 1, at 198–199.
Samples, supra note 13, at 9.
U.S. Const. art. I, § 10, cl. 3.
The Heritage Guide to the Constitution 178 (Edwin Meese III et al. eds., 2005).
Matthew Pincus, When Should Interstate Compacts Require Congressional Consent? 42 Colum. J.L. & Soc. Probs. 511, 516 (2009).
Samples, supra note 14, at 9.
434 U.S. 452 (U.S. 1978); see also Virginia v. Tennessee, 148 U.S. 503 (1893).
The Heritage Guide to the Constitution, supra note 19.
 U.S. Steel Corp., 434 U.S. at 473.
Tara Ross, Federalism & Separation of Powers—Legal and Logistical Ramifications of the National Popular Vote Plan, 11 Engage 2, 40 (Sept. 2010).
524 U.S. 417, 439–440 (1998).
 514 U.S. 779 (1995).
 Id. at 831 (citing Gomillion v. Lightfoot, 364 U.S. 339, 345 (1960), quoting Frost & Frost Trucking Co. v. Railroad Comm’n of Cal., 271 U.S. 583, 594 (1926)).
Some might argue that the NPV compacts have no formal enforcement mechanism and that states therefore maintain their right to withdraw as they see fit. See James Taranto, Faithless Lawmakers, Wall St. J. (July 29, 2010), available at http://online.wsj.com/article/SB10001424052748703578104575397100729241576.html?mod=WSJ_Opinion_MIDDLETopOpinion. Nevertheless, this scenario creates a constitutional Catch-22: Either the states have created an unconstitutional compact that can be enforced or the compact could cause an electoral crisis if a state should withdraw from the compact during or immediately before an election.
 Smith, supra note 1, at 210.
Samples, supra note 14, at 3–4.
 Id. at 6. The states that lose influence under the NPV (ranked from the smallest loss of influence to the largest) are California, Oklahoma, Minnesota, Louisiana, Oregon, Mississippi, Connecticut, Colorado, Arizona, Kansas, Arkansas, Iowa, Utah, West Virginia, Nevada, New Mexico, Nebraska, Maine, Montana, New Hampshire, Idaho, Hawaii, Rhode Island, Delaware, South Dakota, North Dakota, Vermont, Alaska, D.C., and Wyoming. Id. at 4, Table 1.
Ross, supra note 29, at 38, citing Smith, supra note 1, at 207.
 Enacting the Agreement Among the States to Elect the President by National Popular Vote, Hearing on SB 344 Before the S. Comm. on Legislative Operations and Elections, 2011 Leg., 76th Sess. (Nv. 2011) (testimony of Tara Ross).
Smith, supra note 1, at 207.
Gregg, supra note 44.
Ross, supra note 29, at 38.
Smith, supra note 1, at 203.
Provisional ballots are required by the Help America Vote Act, 42 U.S.C. § 15482 (2002).
Smith, supra note 1, at 213. Some NPV supporters also point erroneously to the election of 1824 in which the House of Representatives selected John Quincy Adams over Andrew Jackson; however, since some state legislatures still selected electors, there was no actual popular vote total.
 Id. at 213. Smith also points out that the national popular vote margin of 540,000 votes between Gore and Bush in 2000 was within the margin of error, so “one cannot say with any confidence that Gore (or Bush) clearly represented the popular majority.”
Ross, supra note 11, at 13.