Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Madam Theophilus
Something like that.

Imagine if the 17th Amendment did not exist and State legislatures alone (no popular input) decided whom to nominate for President/Vice Prez?

I know one thing, the welfare state and the fourth branch, the administrative state, would hardly exist.

28 posted on 09/14/2012 6:24:14 AM PDT by Jacquerie (Exterminate rats.)
[ Post Reply | Private Reply | To 13 | View Replies ]


To: Jacquerie

I’m not sure that would be the case. A majority of our state governments have been heavily influenced by the progressive movement for almost 100 years. We may have had even more liberal administrations!


44 posted on 09/14/2012 9:57:41 AM PDT by Madam Theophilus
[ Post Reply | Private Reply | To 28 | View Replies ]

To: Jacquerie
Imagine if the 17th Amendment did not exist and State legislatures alone (no popular input) decided whom to nominate for President/Vice Prez?

The Constitution provides for each state legislature to decide how electors are chosen. Choosing them by means of popular vote within the state is merely custom, not law. If the legislature so decides, it can designate the electors itself, select them by lottery, or by any other method.

This is in theory, of course. In reality a federal court would find some rationale for forcing the legislature to allow popular election.

Not to mention what outraged voters would do to the legislators that voted for such a thing at the next election, or possibly by recall in those states that allow for it.

This almost became a constitutional crisis in the 2000 election, when it looked for a while like the Courts would steal the Florida electoral votes and thereby elect Gore.

There was considerable talk in FL of the Republican legislature removing the Gore electors and replacing them by vote of the legislature. I have no idea how THAT would have played out in the ensuing legal battle, though I'm certain it wouldn't have been viewed positively by the media.

57 posted on 09/15/2012 5:53:00 AM PDT by Sherman Logan (Perception wins all the battles. Reality wins all the wars.)
[ Post Reply | Private Reply | To 28 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson