TX Lt. Governor Dan Patrick: ‘Maybe We Should Take Joe Biden off the Ballot in Texas for Allowing 8 Million People to Cross the Border’ (VIDEO)

So, Patrick wants to legitimize what Colorado did? Why doesn’t he just become a Democrat?

Some people can’t recognize sarcasm !! He knows this is unconstitutional and will be overturned by the Supreme Court.

Some people can’t recognize sarcasm !! He knows this is unconstitutional and will be overturned by the Supreme Court.

How is it unconstitutional for the state legislature to put conditions on presidential electors? It's a plenary power under Art. II, Sec. 1, Clause 2, "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors..." Since the legislature can require that those electors be pledged to a candidate, it may also set conditions for any such election, if such an election occurs at all. That is so because there need not be a general election to elect electors. The legislature may appoint them itself as its plenary power. This is what the Florida legislature was planning to do if Bush didn't win Bush v. Gore at SCOTUS. What is unconstitutional if for a court to decide conditions for presidential electors absent any legislation from the state legislature.

Each State shall appoint, in such Manner as the LEGISLATURE thereof may direct

Given your argument that the state can regulate the appointment of electors, this action is not constitutional as it was the judiciary not the legislature of Colorado who enacted this ruling. Additionally it had nothing to do with the electors of Colorado, as it was applied to the Republican Party primary, a primary that has nothing to do with electors. “We conclude that because President Trump is disqualified from holding the office of President under Section Three, it would be a wrongful act under the Election Code for the Secretary to list President Trump as a candidate on the presidential primary ballot,” the court’s majority wrote.”
The Republican Party in Colorado does not need to have a primary to determine their candidate - they simply hold a caucus and nominate Trump (assuming he wins the caucus). The Court would then likely move to exclude him from the General Election Ballot and it would be back to the Supreme Court.
I do not see the Supreme Court letting this stand - we shall see soon enough.

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.