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View Diary: an Obama voter as 3/5 of a person (113 comments)

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  •  sorry, electoral college is example of federalism (0+ / 0-)

    which is why it is up to state legislature to decide how to award electors.  And no one has ever successfully challenged what Maine and Nebraska have done for years, although the only recorded split is that of NE-02 for Obama in 2008

    "We didn't set out to save the world; we set out to wonder how other people are doing and to reflect on how our actions affect other people's hearts." - Pema Chodron

    by teacherken on Sat Jan 26, 2013 at 03:27:06 PM PST

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    •  yes, it's 50 state elections (0+ / 0-)

      which is why the 14th amendment arguments are stronger.  in a way, the "in such a manner as the legislature thereof may direct" isn't really a creation of a right in state legislatures, but an acknowledgment of an existing power, but one that the Equal Protection clause limits.  The argument from  federalist structure, however, cuts against states splitting votes.  It's certainly what the framers expected at the time of ratification, and "a Number of Electors" can be interpreted as a "single slate," though it's unclear.  At minimum, it's not cut and dried, and if a court were inclined to strike the Virginia plan, it could hang its hat on something.  

      There's no standing for anyone to challenge the Maine/Nebraska split -- you'd need one of those to be number 270 / 268.

      Difficult, difficult, lemon difficult.

      by Loge on Sat Jan 26, 2013 at 04:09:06 PM PST

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