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To: Publius6961
“The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.”

The OPERATIVE clause is:

The Congress may determine the Time of choosing the Electors ...

Since Congress has determined that 11/4 (this year) is Election Day (the Time of choosing electors), it seems to me that any early voting law enacted by any State is unconstitutional.

I refer to:

Article VI (2):

“This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding.”

This supremacy clause has been called the “linchpin of the Constitution”, since when state laws conflict with national laws enacted within the powers granted to Congress, the national laws prevail.

Since Congress has determined what day is Election Day, and has made NO allowance for States to enact their own early voting laws ... early voting should be unconstitutional Q.E.D.

Anyway - thats my 2 cents ...

56 posted on 11/03/2008 9:39:52 PM PST by Lmo56
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To: Lmo56

Yep. And social programs aren’t on the list of deliniated congressional powers, but we have them. We aren’t supposed to have standing armies, funded for more than 2 years for the same purpose, but we have them. The government is supposed to protect property rights, but if it wants to sell your proprety to developers for more taxes, that’s just fine.

We are so far out in the weeds from original constitutional intent and have been for so long it’s really no wonder Obama sounds like a good thing to all the sheeples.


57 posted on 11/03/2008 9:48:20 PM PST by dajeeps
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