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To: E. Pluribus Unum

Looks to be unconstitutional, to me.


2 posted on 07/19/2010 2:14:47 PM PDT by Parmy
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To: Parmy

So? /sarc


18 posted on 07/19/2010 2:26:32 PM PDT by FrdmLvr ( VIVA la SB 1070!)
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To: Parmy

Looks stupid to me. As a state that has been losing its population for over a decade they are just handing what little power it has away.

They might as well elimanate representation in the US Senate too.


27 posted on 07/19/2010 2:31:14 PM PDT by Sparky1776
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To: Parmy

sadly, it’s not unconstitutional. Constitution says state legislatures can award electoral votes however they want.


38 posted on 07/19/2010 2:40:51 PM PDT by wny
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To: Parmy
I don't like the law, but it is clearly Constitutional:

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. (II, 2; U.S. Constitution).

39 posted on 07/19/2010 2:41:06 PM PDT by HapaxLegamenon
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To: Parmy
I believe a state can direct it's Electors' votes by state constitutions. States doing this are just directing the Electors to vote based on the percentages from the popular votes.

It appears constitutional, but also renders the state less relevant in the national elections. Since they are no longer all or nothing, purple states doing this will begin to get ignored as full electoral states will offer more ROI on the national scene.

That has the potential to pay a price down ticket that they may not be thinking of.

52 posted on 07/19/2010 2:57:18 PM PDT by 5thGenTexan
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To: Parmy

The Founding Fathers only said in the U.S. Constitution about presidential elections (only after debating among 60 ballots for choosing a method): “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors . . .” The U.S. Supreme Court has repeatedly characterized the authority of the state legislatures over the manner of awarding their electoral votes as “plenary” and “exclusive.”

Neither of the two most important features of the current system of electing the President (namely, universal suffrage, and the 48 state-by-state winner-take-all rule) are in the U.S. Constitution. Neither was the choice of the Founders when they went back to their states to organize the nation’s first presidential election.

In 1789, in the nation’s first election, the people had no vote for President in most states, Only men who owned a substantial amount of property could vote.

In 1789 only three states used the state-by-state winner-take-all rule to award electoral votes.

There is no valid argument that the winner-take-all rule is entitled to any special deference based on history or the historical meaning of the words in the U.S. Constitution. The current 48 state-by-state winner-take-all rule (i.e., awarding all of a state’s electoral votes to the candidate who receives the most popular votes in a particular state) is not mentioned in the U.S. Constitution, the debates of the Constitutional Convention, or the Federalist Papers. The actions taken by the Founding Fathers make it clear that they never gave their imprimatur to the winner-take-all rule.

The constitutional wording does not encourage, discourage, require, or prohibit the use of any particular method for awarding the state’s electoral votes.

As a result of changes in state laws enacted since 1789, the people have the right to vote for presidential electors in 100% of the states, there are no property requirements for voting in any state, and the state-by-state winner-take-all rule is used by 48 of the 50 states.


116 posted on 07/19/2010 9:10:12 PM PDT by mvymvy
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