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Is The Electoral College System For Choosing Our President Unconstitutional?
Huffington Post ^ | November 18, 2016 | Leon Friedman

Posted on 11/19/2016 7:57:19 AM PST by C19fan

The electoral college system for choosing the President was based upon the protection of slavery and a distrust of democracy. That system has allowed the loser of the popular vote to win the Presidency in five of our 56 Presidential elections. Such a system would be illegal in any state or local election. But it is contained in the Constitution. Can a section of the Constitution itself be unconstitutional? The answer is yes. We are all aware by now that we do not vote directly for a candidate in a Presidential election. We vote for electors who will (presumably) vote for the candidate who won the popular vote in the state, when the college meets after the election. Under Article II, Sect. 2 of the Constitution (later modified by the Twelfth Amendment), the number of electors is determined by combining the number of members of the House of Representatives in each state and its two Senators.

(Excerpt) Read more at huffingtonpost.com ...


TOPICS: Constitution/Conservatism
KEYWORDS: constitution; electoral; electoralcollege; soreloser
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To: C19fan
We don't want the big cities dictating the future of the United States. Take a look --


81 posted on 11/19/2016 9:30:05 AM PST by Salvation ("With God all things are possible." Matthew 19:26)
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To: Twinkie

Woah. Hold up there, Tex. It was just a passing thought.

Chill out, FRiend.


82 posted on 11/19/2016 9:32:15 AM PST by Roger Kaputnik (Just because I'm paranoid doesn't prove that they aren't out to get me.)
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To: C19fan
"Is the Electoral College system unconstitutional?"


83 posted on 11/19/2016 9:32:46 AM PST by Paine in the Neck ( Socialism consumes EVERYTHING!)
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To: C19fan

This author is encouraging stupidity. In his mind, the movie “Idiocracy” is a documentary about libtard’s version of utopia.


84 posted on 11/19/2016 9:33:36 AM PST by Carthego delenda est
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To: C19fan

Remember, the Democrats were the Party of Slavery.

https://en.wikipedia.org/wiki/Caning_of_Charles_Sumner

Note the parties of the persons involved in this incident. And many Southern Democrats sent Brooks replacements for the cane he broke.


85 posted on 11/19/2016 9:49:07 AM PST by Old Student (As I watch the balkanization of our nation I realize that Robert A. Heinlein was a prophet.)
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To: I want the USA back

“Can a law professor be ignorant of the law?”

Only willfully.


86 posted on 11/19/2016 9:54:50 AM PST by Old Student (As I watch the balkanization of our nation I realize that Robert A. Heinlein was a prophet.)
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To: C19fan

The farce is strong with this one.


87 posted on 11/19/2016 9:58:14 AM PST by DoughtyOne (The morning and the evening were the election day. People voted. The Lord saw, and it was good.)
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To: FreedomNotSafety

A good thing to know about hiring a lawyer who went to Hofstra.

The 3/5s rule was a compromise between the slave states (which included Delaware and Maryland) and the free states. The free states wanted slaves not to count and the slave states wanted them to count, so his analysis is exactly ass-backwards. The slave states ended up with fewer Representatives than they wanted and were weaker because of that.

His complaint about the Electoral College violating the Equal Protection Clause shows that he doesn’t really understand how the House of Representative is composed. The Constitutional limits on the total number of Representatives is the cause of this representational disparity. He might want to change that, but that would create a very large increase in the number of Representatives. In neither case is it “unconstitutional”, as those conditions are defined in the Constitution.

This guy is an idiot


88 posted on 11/19/2016 10:10:36 AM PST by VanShuyten ("a shadow...draped nobly in the folds of a gorgeous eloquence.")
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To: C19fan; All
The constitutional republic has always had foreign and domestic enemies of freedom, domestic enemies arguably including low-information voters.

So to deny that there aren’t problems with the Constitution and how the Constitution is now being interpreted is naive imo.

It is now impossible, imo, to reverse-engineer the actions of the very corrupt federal government to the limited powers that the states have expressly constitutionally delegated to it, the corrupt feds now regularly oppressing the states and the people with stolen state powers — just as the founders had feared.

In fact, the ill-conceived, Progressive Movement 17th Amendment effectively repealed the whole Constitution imo, that amendment a major step in turning the republic into a mob-ruled democracy which the Founding States had decided against.

And If patriots do not work with Trump to politically “force” the corrupt feds to surrender state powers that the feds have stolen from the states back to the states, then in it is only a matter of time before a lawless president again works in cahoots with a corrupt Congress to oppress the people.


89 posted on 11/19/2016 10:22:09 AM PST by Amendment10
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To: C19fan
The electoral college system for choosing the President was based upon the protection of slavery

Uh, no it was not.

Can a section of the Constitution itself be unconstitutional? The answer is yes.

It doesn't get much more stupid than this, folks.

The fact that this guy is a law professor is a disgrace. Under his logic the Senate can be declared unconstitutional too.

The face he was even awarded a high school diploma is a disgrace.

90 posted on 11/19/2016 10:23:03 AM PST by Republican Wildcat
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To: C19fan
The electoral college system for choosing the President was based upon the protection of slavery

Uh, no it was not.

Can a section of the Constitution itself be unconstitutional? The answer is yes.

It doesn't get much more stupid than this, folks.

The fact that this guy is a law professor is a disgrace. Under his logic the Senate can be declared unconstitutional too.

The fact he was even awarded a high school diploma is a disgrace.

91 posted on 11/19/2016 10:23:23 AM PST by Republican Wildcat
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To: OttawaFreeper

Their vote doesn’t “count more” because it isn’t even the same election. He doesn’t even understand something so basic. The same illogic can be applied to Wyoming’s U.S. Senate seats vs. California as well - and their House seat. Apparently this is completely lost on him. He’s clueless as to how our very nation is constituted and our system of government. Totally ridiculous.


92 posted on 11/19/2016 10:30:43 AM PST by Republican Wildcat
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To: C19fan

Well .. we better get used to it .. the LEFT doesn’t like if we make a fuss over losing an election .. or votes over some lawmaking .. but they win the prize for petty, vicious whines of all kinds .. as they want us to believe they are entitled to win everything.

SICK OF IT.


93 posted on 11/19/2016 10:37:20 AM PST by CyberAnt (Peace through Strength)
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To: smokingfrog

Thank you. The exact reason we are a Republic.


94 posted on 11/19/2016 10:45:24 AM PST by Yulee (Village of Albion)
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To: Political Junkie Too

Nicely put. Thank you.


95 posted on 11/19/2016 10:52:23 AM PST by thecodont
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To: C19fan

>
“Can a section of the Constitution itself be unconstitutional?”

The fact that this guy is a law professor is a disgrace. Under his logic the Senate can be declared unconstitutional too.
>

Hey there, ‘professor’ dipshit. How do you jive welfare and the 5th\13th? DHS, NSA, DoEd, FDA? How ‘bout the 99% of govt BLOAT vs. A1S8? Where’d that authority to tax, vis a vie O’Care, originate?

Go work on your putz.


96 posted on 11/19/2016 10:53:37 AM PST by i_robot73 ("A man chooses. A slave obeys." - Andrew Ryan)
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To: C19fan

If I get his argument all constitutional Provisions that he does not agree with are unconstitutional. Liberal logic is a illogic


97 posted on 11/19/2016 10:54:01 AM PST by xzins
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To: GSWarrior
And if we can get the states to assign Electoral votes according to how each Congressional District voted, Trump would have an enormous landslide victory.

Romney would have won in 2012, and the Obama nightmare, would never have occurred. I also wonder what would have happened back when Clinton was elected the first time/

98 posted on 11/19/2016 10:57:43 AM PST by Yulee (Village of Albion)
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To: I want the USA back
Can a law professor be ignorant of the law?

When did law schools stop teaching law and start teaching policy advocacy instead?

99 posted on 11/19/2016 10:59:14 AM PST by thecodont
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To: C19fan
Is The Electoral College System For Choosing Our President Unconstitutional?

Yes! and you're an idiot to ask.

100 posted on 11/19/2016 11:01:18 AM PST by MosesKnows (Love Many, Trust Few, and Always Paddle Your Own Canoe)
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