• There are in fact a couple of workarounds for this.

    If Harris wins and Dems get enough majority control of both houses (enough to get around likely no votes from maverick Dems like Joe Manchin), then the Senate majority leader (Schumer) can lower the bar for a filibuster to a bare majority.

    Then pass a new law appointing nine new Supreme Court justices. Harris nominates them and the Senate approves them.

    Then pass a new federal law that requires the electoral vote of states to follow the nationwide popular vote, as per the Compact. You get the same effect without needing the States to sign on, and with the court packed the law hopefully will be able to withstand the challenges.

    Plan B - if we really do need a constitutional amendment to fix this and abolish the Electoral College outright - then drop the filibuster as above, but then follow this plan https://www.vox.com/2020/1/14/21063591/modest-proposal-to-save-american-democracy-pack-the-union-harvard-law-review

    Basically pass a law that allows each neighborhood of DC to be admitted in as a new state - so 127 in all - and with the new supermajority of states (and corresponding supermajorities in both Houses), pass whatever constitutional amendments are required.

    • ikidd@lemmy.world
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      2 months ago

      IEE: It isn’t happening.

      It would also require the Democrat will to move that mountain as above, which I don’t think exists even if there were supermajorities and governors to do it. They benefit almost as much from the 2-party system and electoral college as the Republicans.