The Constitution says that only the State Legislature can formulate the way Presidential electors are allocated or determined for that matter.
You're preaching to the choir.
Freepers in Colorado need to tell their friends to vote against the unconstitutional Amendment 36 that will be on the ballot. It would change the allocation of Electoral College votes from winner-take-all to propotional. The campaign is being funded by weathy interests in California. I wonder why they don't propose the same type of amendment to be passed by a state-wide referendum in California?
It is unconstitutional, because it is a referendum. The constitution very specifically says that the state legislatures, and only the state legislatures have the authority to determine the method by which electors are chosen! The Colorado legislature very specifically rejected such a system.
As long as large states like California, New York and Texas do not change from a winner take all system, it is not in the interest of small states like Colorado to do so.
I also don't want to forgot to mention that it also violates the federal election code. The method by which the electors is selected must be in place before (as I recall at least six days prior to) the date the electors are chosen which is election day. Even if the a referendum were a valid mechanism of determining the method of allocating electors, this referendum is too late to affect the 2004 election. This referendum should be fought in court and removed from the ballot.
Article II.Section 1
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice-President chosen for the same Term, be elected, as follows:Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
Exactly-- my guess is any Fed Court will toss the amendment.
That's true, but you're forgetting our activist Supreme Court whose motto is:
"The Constitution Is What We Say It Is"
Our Black Robed oligarchs have been unconstitutionally changing our Constitution incrementally for years.
No one can point to the words of the Constitution any longer and define its meaning while the spector of the High Court lingers waiting to change it yet again.
The Constitution says that only the State Legislature can formulate the way Presidential electors are allocated or determined for that matter.
So if democrats control the majority of state legislators ( through rigging the rolls )they can just choose not to even hold an election ?!