There’s a growing effort to get rid of the Electoral College in favor of the popular vote for president.

Supporters are more than halfway to their goal. However, is it constitutional?

Judge Andrew Napolitano said that in the famous case of Bush v. Gore, the Supreme Court issued an opinion that said state legislatures will decide how votes get counted, so theoretically, the states could decide to leave the presidential election up to the popular vote.


'Hacking the Constitution': States Quietly Plan to Ditch Electoral College


However, Napolitano thinks it’s unlikely that the proposal will go through.

“They are kissing away the last vestige of state sovereignty if they do that,” he said.

Watch his full analysis above.


Watch more from Judge Napolitano below:

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