constitutionality

The Constitutionality of Citizen Initiative for Reforming the Presidential Election System

The Constitutionality of Citizen Initiative for Reforming the Presidential Election System

This is an analysis of the constitutionality of using citizen initiative to enact the national popular vote interstate compact, the voter choice ballot proposal, or other reforms relating to presidential elections. Following a summary of the analysis and an introduction, the paper turns to the following: the plain meaning of relevant constitutional texts (Part I); the development of popular sovereignty from the Founding to 1892 (Part II); the seminal McPherson decision (Part III); case law under Article I, from 1892 to Arizona State Legislature (Part IV); the role of the “Independent Legislature Doctrine” in Bush v. Gore (Part V); the Arizona State Legislature case, with a critique of CJ Roberts’ dissent (Part VI); the Chiafolo faithless electors case (Part VII); and applying the law to specific proposals for reform (Part VIII).