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  •  An argument can be made (0+ / 0-)

    that, since the Initiative law was an act of the CA Legislature, and does not prohibit initiatives affecting the selection of electors, that the Legislature has given prior approval to this.

    Did any of the States go to a primary system as a result of an initiative? If so, there's your precedent right there.

    If this passes (and, despite the electoral disadvantage for Democrats in 2008, I think it should) you have presented the likely grounds for a challenge to it in the Courts. How the ruling would come down, I don't know, but I'd bet that it will be upheld. The Federal courts have been very leery of interfering in the States' process for choosing electors. Bush V Gore is the only counterexample I can think of, and even then, the Court specifically stated that it's opinion was not to be considered as precedent in subsequent cases.

    States get to choose how their Electors are chosen. If a State wanted to go back to choosing them by a vote in the Legislature, the Courts couldn't stop it. You really don't have a right to vote for the President. If your Legislature has given you that ability, that's fine, but they can take it away as well.


    •  Interesting dilemma for Constitutional scholars (0+ / 0-)

      Only thing you can be sure of is that if the mother of all Constitutional Crises takes place, and control of the White House hangs in the balance, Richard Cohen of the Washington Post will write a column stating that the only person who can heal the divisions in America is Rudy Giuliani...  or Mitt Romney...  or Fred Thompson...  or whichever Republican nominee need those extra California electoral votes.

      "Some men see things as they are and say 'Why?' I dream things that never were and say, 'I need to quit drinking!'" - Greasy Grant

      by Greasy Grant on Thu Aug 23, 2007 at 01:24:39 PM PDT

      [ Parent ]

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