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2017 Cardozo L. Rev. De-Novo 1 (2017)

handle is hein.journals/denovo2017 and id is 1 raw text is: 















             d CARDozo LAW REVIEW

           delnovo





 CHANGING THE SYSTEM WITHOUT CHANGING THE
   SYSTEM: HOW THE NATIONAL POPULAR VOTE
   INTERSTATE COMPACT WOULD LEAVE NON-
 COMPACTING STATES WITHOUT A LEG TO STAND
                              ON


                         Jillian Robbinst




   [Y]ou win some, you lose some. And then there's that little-known
                         third category. I




                       TABLE OF CONTENTS


IN TR O D U C TIO N   ..................................................................................................... 2
I. A FRAGMENTED, NEW NATION CREATED THE ELECTORAL COLLEGE:
      HOW THE SYSTEM Is NOT SUITABLE TODAY ........................................... 5
      A. The Electoral College Has Failed Us: Historical Considerations ........ 8
      B.  Common Criticisms of the Electoral College .................................. 9



   T Articles Editor, Cardozo Law Review Vol. 38. J.D. Candidate, Benjamin N. Cardozo
School of Law, 2017; B.A., University of Michigan, 2014. I would like to thank Professor Kate
Shaw for her guidance and expertise in helping me write this Note. I also would like to thank all
of my friends and family for their constant support during the entire Note-writing process.
   1 Al Gore, Former Vice President, Address at the Democratic National Convention (July 26,
2004) (referring to when he won the national popular vote but lost the presidency in the infamous
2000 presidential election).