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To: Sherman Logan
On the one hand, the Constitution gives each state legislature absolute authority to determine how its electors are chosen.

That's true. But a legislature cannot choose a method that undermines the intent of the Constitution. For example, a legislature can't decide to put its electoral votes up for sale to the highest bidder.

29 posted on 04/21/2014 9:15:04 AM PDT by Leaning Right (Why am I holding this lantern? I am looking for the next Reagan.)
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To: Leaning Right

I don’t think their doing so would be unconstitutional, though it would no doubt be illegal by state and possibly federal law.

Look, it’s very simple. The Constitution unambiguously gives the power to determine how electors are chosen to state legislatures.

For us to decide that “intent of the Constitution” overrides this power, we have to give a Court the power to decide what the “intent of the Constitution” is.

Either we believe in the Constitution as written, and in states’ rights to do even stupid things, or we don’t. Personally I think federal courts have far too much power now. I oppose any expansion of it.


33 posted on 04/21/2014 9:23:59 AM PDT by Sherman Logan
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