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To: Perdogg

Read Article II of the US Constitution : The State shall determine how electors are chosen. Frankly, the legislator, if wanted too, could deny the public the right to vote in a Presidential election.

What if a majority of states have Democrat control legislatures and permanently do away with presidential elections ? somehow I dont think Scalia and Thomas would support "state's rights"


118 posted on 12/02/2004 6:15:10 PM PST by Grand_Capitalism_04 (God helps those who help themselves.)
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To: Grand_Capitalism_04
It would be upheld. This was upheld this is Bush V Gore.
The individual citizen has no federal constitutional right to vote for electors for the President of the United States unless and until the state legislature chooses a statewide election as the means to implement its power to appoint members of the Electoral College. U.S. Const., Art. II, §1. This is the source for the statement in McPherson v. Blacker, 146 U.S. 1, 35 (1892), that the State legislature’s power to select the manner for appointing electors is plenary; it may, if it so chooses, select the electors itself, which indeed was the manner used by State legislatures in several States for many years after the Framing of our Constitution. Id., at 28—33.
119 posted on 12/02/2004 6:30:38 PM PST by Perdogg (W stands for Winner)
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