Thanks for pointing that out.
Before mentioning other possible constitutional problems with voting process for president, patriots need to consider this. In my opinion, presidential elections have been reduced to deciding which constitutionally undefined political party controls state powers that the corrupt, post-17th Amendment ratification feds have stolen from the states.
Next, not only is there no popular vote for POTUS in Constitution, but there is also no such thing as state “winner-take-all” laws for electoral votes imo. Such laws not only nullify the voting power of many voters despite Democratic “all votes count” mantra, but also violate 12th Amendment (12A) electoral vote counting procedures imo.
Excerpted from the 12th Amendment: "The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice- President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate [emphasis added]; […]"
Also, not only do winner-take-all laws violate 12A imo, but that amendment also indicates only write-in candidates, nothing about state ballots providing check boxes for nominees of constitutionally undefined political parties.
In fact, how do the states manage to agree to make ballots showing names of nominees of rogue Democratic and Republican political parties without violating constitutional prohibition on agreements between states without consent of Congress?
"Article I, Section 10, Clause 3: No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State [emphasis added], or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay."
And even if corrupt Congress approves political parties on ballot after the fact, it remains that-winner-take all laws violate 12A imo.
Remember in November 2020!
MAGA! Now KAG! (Keep America Great!)
You skipped right past the method of choosing the electors - which is where the functionality of the winner-take-all system takes place. The 12th Amendment doesn’t address that at all, as it starts with the assumption that the electors have already been selected. The voting by the electors in a state isn’t winner-take-all, but merely looks that way, because the election is of a slate of electors - who are all supporters of a candidate.