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View Diary: States Now Voting to Abolish Electoral College, About to Pass Halfway Point (33 comments)

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  •  There is no right to vote (0+ / 0-)

    This is established fairly securely. If it were in the constitution then we wouldn't need the voter rights act. If there were a right to vote then we would see cases against the various states who are disenfranchising people based on that right, which we aren't seeing. We are seeing cases based on equal protection, but that wouldn't work in this case. If anything one could argue that the current system violates the equal protection clause more than NPV would.

    Elections are absolutely required and any state attempt to abolish them would be found Unconstitutional on first review.

    Not only that, for Senators (which at one time were chosen by legislative representatives) the Constitution now makes clear in Amendment XVII:

    We aren't talking about senators. And the constitution explicitly states that the states have the power to decide how they will apportion electors. As the constitution says:
    Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
    This isn't the senate and as far as the constitution is concerned the legislature of Wyoming could simply decide that they will always send the same three people every year with no statewide vote and it would be completely constitutional. Unless there is an amendment explicitly stating that there has to be an election then there doesn't have to be one.
    To be clear, I am not saying that the NPV case could not prevail in court; I am simply saying that there is no way in hell this is some open and shut case whereby the Compact Clause is not dragged out front and center in front of the Supreme Court of the United States.
    Can't disagree in practical terms. Although I think it would likely not be as bad as you seem to be expecting. Some of the issues are open and shut. The compact issue would probably be fairly easily decided unless Scalia and friends decided that they didn't like states' "rights" any more.

    If debt were a moral issue then, lacking morals, corporations could never be in debt.

    by AoT on Mon Apr 22, 2013 at 10:01:24 AM PDT

    [ Parent ]

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