Nevada's about to commit political suicide — is the Electoral College doomed?

The Hill ^ | 05/30/19 | Gary L. Gregg

[Phlyer]

SCOTUS said that was unconstitutional. Because naturally.

One of the things that was most interesting, to me, when Neal Gorsuch took his seat at the high table was his questions on what the Constitution actually said in questioning on a case. Ginsburg's counter was that things like, 'One man, one vote' were decided by SCOTUS, not included in the Constitution, and therefore what the Constitution says is not the most important issue. (And she's actually on the SCOTUS!!)

The Constitution says - literally - that the Congress shall have the sole power to make laws. Yet precedent (stare decisis) is always judge-made law. As such, it is always suspect and should never be considered until the plain language of the Constitution and Congress-passed law are addressed.

Yet that would take power away from the judges at all levels, including the Supreme Court. What angers me is that we let them get away with it.

[Attention Surplus Disorder]

There’s no way on earth CA did not furnish dead minimum 1.5 MM illegal votes. I don’t know about 3 MM but that would not surprise me.

[Not A Snowbird]

There’s no way in H Trump will win the popular vote this year and you can take that to the bank.

What makes you think that?

[right way right]

Vote fraud.
The Left will steal and we will just take it.

[Phlyer]

They have the authority if they unilaterally do it on a state by state basis.

That's splitting a vanishingly fine hair. The only issue would be if a state who had 'joined' the compact had allocated their electors based on its own citizens' votes instead of the national popular vote - and the other states that were part of the compact had tried to sue it to comply. In that case, your point is exactly valid. The 'compact' was legally unenforceable for the reasons you mentioned.

But there is no Constitutional reason that a state could not be 'convinced' by the 'logic' of the agreement and do so after the votes were counted in some other state. In essence, because the compact was/is legally unenforceable, it is by definition a unilateral decision.

This is actually key, because as I said before, the first time a non-collectivist Presidential candidate wins the national popular vote, none of the blue states are going to have their electors vote for him anyway. If they were serious, they would not wait for enough states to have a majority of the electoral college to agree to their 'compact.' They would just declare that they were going to allocate their electors to the winner of the national popular vote and other states could join in if they wanted to.

This is all 'cart before the horse.' The so-called swing states are not going for this - not enough to guarantee a majority. A state goes solid 'blue' long before they would give up their electoral votes to the results in another state - in which case the results would be the same as if there were no agreement in the first place.

[RArtfulogerDodger]

Governor vetoed the bill today

[Political Junkie Too]

If they were serious, they would not wait for enough states to have a majority of the electoral college to agree to their 'compact.' They would just declare that they were going to allocate their electors to the winner of the national popular vote and other states could join in if they wanted to.

That's what I've been calling for from the start of this nonsense, for one state to come forward and demonstrate some role model courage and just do it to lead by example.

Still, if they go the compact route, then Congress would have to approve the compact. It doesn't automatically begin when states with 270 EV ratify.

-PJ

[chuckee]

The DOJ needs to start the process in Federal Court to declare this compact unconstitutional before the 2020 election
because its purpose is to subvert the electoral college as established by the Constitution

[blueunicorn6]

We can have The United States Of America, or we can have The Democrat Socialist Union.

We can’t have both.

[SoCal Pubbie]

“The Constitution establishes that the states get to decide how to apportion their electors, and if they choose to do so on the basis of how other states voted rather than on how their own citizens voted, then they have that authority.”

I disagree with this statement and so do many others. I’m not going to bother with details but In short states have LATITUDE, but NOT free reign in this matter. Furthermore, aside from how the states are permitted to portion their electoral votes, this compact between states is clearly UNCONSTITUTIONAL.

[Rinnwald]

Vote fraud. The Left will steal and we will just take it.

That...and there's no presidential election this year.

[Kenny]

Man, that is so true. It was obvious too because he was ahead in pv up until CA.

[TalBlack]

I’m not sure what an outright popular vote would signify,..”””

It would signify, to use the popular turn, a bridge too far. We’re most emphatically not in America anymore. These people must be dealt with even if for no other reason than that they must at least pay in blood for the nation they are stealing.

[ontap]

This horse shit will never make it passed the SCOTUS!!!

[chesley]

Sure we will. They never let a bad idea die, and they’ve been bitchin’ about the EC since at least George Bush the Lesser. Probably longer.

[Phlyer]

Still, if they go the compact route, then Congress would have to approve the compact.

Sorry, but I disagree. Congress has no authority to determine - or to approve - how the States allocate their elector votes. A compact would be legally unenforceable (and therefore not really significant) until and unless a Constitutional amendment was approved. Congress has a part to play in that process, but only a part.

[Reno89519]

It is incredible that the state is making this idiotic move to disenfranchaise its citizens without asking.

[yesthatjallen]

I disagree with this statement and so do many others. I’m not going to bother with details but In short states have LATITUDE, but NOT free reign in this matter. Furthermore, aside from how the states are permitted to portion their electoral votes, this compact between states is clearly UNCONSTITUTIONAL.

The issue needs to be settled before the 2020 election.

If not and Trump wins Democrats will use it to muddy the water and declare the election invalid.

[Freedom4US]

The Senate confirmed Buzzy 98-2, something like that. Absolutely insane.

[Brilliant]

One way to shut this down would be if Trump wins the majority. He’d win unanimously since all the Blue States would also go to him.