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

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  •  please tell me who has standing to challenge (0+ / 0-)

    again, remember that you have some originalists on SCOTUS, and the original intent was to leave it up to the state legislature to decide.

    If the Congressional districts are constitutional, then awarding one elector to the winner of each congressional district seems on its face to be constitutional.  Each voter within a valid congressional district has her vote counted the same way, and that some districts have a higher number of voters in no way invalidates that Congressional district so long as they have roughly equal population at the time the districts are drawn, are contiguous, and were not set up with explicitly racial purposes.  The barrier on redistricting based on race is avoided simply by claiming the gerrymander is based on political registration or voting patterns, even if both of those are an artifact of the racial makeup.  It is why even under VRA some heavily gerrymandered districts both for Congress and for state legislative bodies have been upheld.

    Similarly, to award 2 electors representing the Senators to the winner of the statewide popular vote is on its face constitutional.

    What is not so clear is how what Virginia proposed to do, which is award those two based on the winner of Congressional Districts.  But since the Virginia proposal is not going to be enacted into law, we are unlikely to find out.

    "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 03:35:50 PM PST

    [ Parent ]

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