Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

The Constitution lets the electoral college choose the winner. They should choose Clinton.
WashPost via kenm77.newsvine.com ^ | 11/25/2016 | Lawrence Lessig

Posted on 11/25/2016 8:39:23 AM PST by dirtboy

Conventional wisdom tells us that the electoral college requires that the person who lost the popular vote this year must nonetheless become our president. That view is an insult to our framers. It is compelled by nothing in our Constitution. It should be rejected by anyone with any understanding of our democratic traditions  — most important, the electors themselves.

The framers believed, as Alexander Hamilton put it, that “the sense of the people should operate in the choice of the [president].” But no nation had ever tried that idea before. So the framers created a safety valve on the people’s choice. Like a judge reviewing a jury verdict, where the people voted, the electoral college was intended to confirm — or not — the people’s choice. Electors were to apply, in Hamilton’s words, “a judicious combination of all the reasons and inducements which were proper to govern their choice” — and then decide. The Constitution says nothing about “winner take all.” It says nothing to suggest that electors’ freedom should be constrained in any way. Instead, their wisdom — about whether to overrule “the people” or not — was to be free of political control yet guided by democratic values. They were to be citizens exercising judgment,  not cogs turning a wheel.

Many think we should abolish the electoral college... What if the people elect a Manchurian candidate? Or a child rapist? What if evidence of massive fraud pervades a close election? It is a useful thing to have a body confirm the results of a democratic election — so long as that body exercises its power reflectively and conservatively. Rarely — if ever — should it veto the people’s choice. And if it does, it needs a very good reason.

(Excerpt) Read more at kenm77.newsvine.com ...


TOPICS: Editorial; Government
KEYWORDS:
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 101-116 next last
Usual idiocy from the usual idiots.
1 posted on 11/25/2016 8:39:23 AM PST by dirtboy
[ Post Reply | Private Reply | View Replies]

To: dirtboy

WaPo advocating for civil war


2 posted on 11/25/2016 8:40:27 AM PST by A_Former_Democrat ("Liberalism is a mental disorder" On FULL Display NOW BOYCOTT PepsiCO)
[ Post Reply | Private Reply | To 1 | View Replies]

To: dirtboy

Subtract out 2 or 3 million illegal aliens


3 posted on 11/25/2016 8:41:48 AM PST by DesertRhino (November 8, America's Brexit!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: dirtboy

>>What if the people elect a Manchurian candidate?

Like Obama?

>>Or a child rapist?

Like Bill Clinton?

>>What if evidence of massive fraud pervades a close election?

Like Obama and the would-be tyrant Hillary?


4 posted on 11/25/2016 8:42:28 AM PST by Bryanw92 (If we had some ham, we could have ham and eggs, if we had some eggs.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: dirtboy

Their desperation is now well into uncharted territory. I’m sure they will keep digging until the smog from Beijing will be the only thing that will make them take pause.


5 posted on 11/25/2016 8:42:39 AM PST by mazda77
[ Post Reply | Private Reply | To 1 | View Replies]

To: dirtboy

One simply needs to ask the question, If the roles were reversed, would the media write these same hand wringing articles? Of course not. Therefore, their arguments (and whining) are invalid.


6 posted on 11/25/2016 8:43:19 AM PST by gop4lyf (Gay marriage is neither.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: dirtboy

Electors DO vote based on the popular vote.....OF THEIR STATE!


7 posted on 11/25/2016 8:44:14 AM PST by cincinnati65
[ Post Reply | Private Reply | To 1 | View Replies]

To: dirtboy
Another author whom I will never read again when I see his byline.

The list is growing.

8 posted on 11/25/2016 8:44:17 AM PST by AU72
[ Post Reply | Private Reply | To 1 | View Replies]

To: dirtboy

She’s not the “peoples choice”, typical WPost lies. She didn’t get a majority of the vote, her entire popular vote margin came from one State - California, and that state has almost no protections against illegal aliens voting. Without California and its illegal voters and votes, Trump would have won the popular vote by 3 million.


9 posted on 11/25/2016 8:44:43 AM PST by laconic
[ Post Reply | Private Reply | To 1 | View Replies]

To: Bryanw92

Indeed.

The whole idea of the Electoral College was to guard against a number of things, including more populous states becoming tyrants, ballot-box stuffing, Election Fraud, and mob rule.

Our Founding Fathers were brilliant.


10 posted on 11/25/2016 8:45:20 AM PST by left that other site (You shall know the Truth, and The Truth Shall Set You Free.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: dirtboy
The Constitution says nothing about “winner take all.” It says nothing to suggest that electors’ freedom should be constrained in any way. Instead, their wisdom — about whether to overrule “the people” or not — was to be free of political control yet guided by democratic values.

The Constitution also doesn't even require a president to be formally nominated by a political party ... or to even be an announced candidate at all.

The electors should just choose Ivanka Trump as president and be done with it.

11 posted on 11/25/2016 8:45:43 AM PST by Alberta's Child ("Yo, bartender -- Jobu needs a refill!")
[ Post Reply | Private Reply | To 1 | View Replies]

To: dirtboy
What if the people elect a Manchurian candidate? Or a child rapist? What if evidence of massive fraud pervades a close election?

Then the people will have elected a DemocRAT, in which case, you will be perfectly fine with it.

12 posted on 11/25/2016 8:46:38 AM PST by Texas Eagle (If it wasn't for double-standards, Liberals would have no standards at all -- Texas Eagle)
[ Post Reply | Private Reply | To 1 | View Replies]

To: cincinnati65

Dear lefties.
Presidential contests are decided by the popular vote, on a state by state basis. I’m sorry you do not fathom the distinction.
Carry on.


13 posted on 11/25/2016 8:47:39 AM PST by ez ("Abashed the devil stood and felt how awful goodness is..." - Milton)
[ Post Reply | Private Reply | To 7 | View Replies]

To: dirtboy

Wapo drivel. They are doubling down on the way to extinction.


14 posted on 11/25/2016 8:48:00 AM PST by Marylander
[ Post Reply | Private Reply | To 1 | View Replies]

To: dirtboy

She won the popular vote by 1.7 million. It is my belief that three to five million ballots were cast by illegal aliens. We won’t even talk about the bogus stolen ballots or those cast by people who voted multiple times in multiple states. It appears to me that Trump easily won the popular vote also. But, if you commie RATS insist on having a civil war in this country, “Say when.” Americans are fed up with your commie antics and we’re not going to back down anymore.


15 posted on 11/25/2016 8:48:05 AM PST by FlingWingFlyer (A proud, irredeemable deplorable of the Trump Revolution.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: dirtboy
Many think we should abolish the electoral college... What if the people elect a Manchurian candidate?

We did. Twice, in 2008 and 2012.

16 posted on 11/25/2016 8:48:15 AM PST by Pearls Before Swine
[ Post Reply | Private Reply | To 1 | View Replies]

To: dirtboy

I will go along with this idiot when every American that votes shows absolute truthful proof of American citizenship, valid home address, with a valid ID, three copies of different home address bills, and swears that they are not voting illegally!!! Otherwise...shut your mouth and, go back into the hole you crawled out from. You must take all of us peons American citizens for being, the same buffoon that you are, idiot!!!


17 posted on 11/25/2016 8:48:20 AM PST by JLAGRAYFOX (Defeat both the Republican (e) & Democrat (e) political parties....Forever!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: dirtboy
What if the people elect a child rapist?

Better yet, what if the people elect a woman who defended a child rapist by arguing that the child fantasized about having sex with grown men?

Yeahhhhh, huh? Not a peep, right?

18 posted on 11/25/2016 8:48:27 AM PST by Texas Eagle (If it wasn't for double-standards, Liberals would have no standards at all -- Texas Eagle)
[ Post Reply | Private Reply | To 1 | View Replies]

To: left that other site

“Our Founding Fathers were brilliant.”

Sure, our founding fathers were smart and all, but Lawrence Lessig is a Harvard Law School Professor! He’s got to be smarter than those racist, outdated 18th century white guys.

/s


19 posted on 11/25/2016 8:49:34 AM PST by Junk Silver
[ Post Reply | Private Reply | To 10 | View Replies]

To: A_Former_Democrat

This is not going o end well. They will beat this, and beat it, and beat it, and I am nearly willing to bet it will turn violent. Lucky for us they have FAR fewer guns, because history shows in all likelihood, we may have to give them the war they want and shoot a few million of them.


20 posted on 11/25/2016 8:50:16 AM PST by jbrown7.62x39 (Holy crap. We really are gonna MAGA!! What a great time to be alive!)
[ Post Reply | Private Reply | To 2 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 101-116 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson