[Paleo Conservative]

It was in the last session that the Democrats tried to slip the same proposal through the NC legislature.

The only fair way to do it would be to have a constitutional amendment allocating electoral votes by congressional district winners plus two for the statewide winner rather than cherry pick a few states.

As a constitutional lawyer, what do you think of the constitutionality of state referenda passing such a proposal rather than the state legislature? I don't think a referendum satisfies the US Constitution's requirement that the state legislature determine the method by which a state's electors are chosen.

[Congressman Billybob]

Larry Tribe is wrong on that point. The US Supreme Court has ruled in prior cases that a law passed by initiative is just as valid as one passed by the legislature. Therefore, absent unusual circumstances not present here, whatever the legislature can do, the people can do if their state constitution provides for the initiative.

Since each legislature passes ordinary laws to establish its election laws, in the 25 (?) states that have the initiative such as California, this can also be accomplished this way.

Congressman Billybob

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