I think the answer is pretty obvious: The Constitution gives the Legislature the power to determine how electors are chosen; even taking the voters’ preference into account is optional though all states require that at this time. I think of course that includes the power to require electors to vote according to the popular vote
A dangerous case. They made Trump’s electors life hell for a month intimidation, bribes the works and not a damn thing was done about it.
Having electors becoming free agents will open them to incredible bribes and threats. Voting will mean nothing.
If SCOTUS finds they are free to be unfaithful then we may as well quit having elections.
The question as posed is wrong on both sides. They’re required to follow the instructions of their state legislature, who currently all follow popular vote (with minor variation), but there’s no requirement that states even have a vote, much less care about it. Legislatures and pick and instruct their EC voters on whatever standard they want.
The thing is - electors had free will but were also chosen by the winning political party to cast the vote so they were politically loyal to whom was being elected.
Some states have changed this to make it an “official government office” chosen by committee - in those cases electors shouldnt have free will.
Regardless this is ultimately a stupid facile argument and shows just how far power has been removed from the people and shifted into “government control” where tyrants and their brown shirts control policy.
The answer is really quite simple.
If the Supreme court has a majority of liberals, the electoral college delegates are free to vote as they wish.
If the Supreme court has a majority of Constitutionalist jurors, the electoral college are restricted by the voice of the people.
Are you glad that Hillary got beat yet?
The left wants the popular vote to be the decider because it will be California and New York that decides elections, they will NEVER lose..and that is why they want to flood the country with as many illegal aliens as possible, they will all vote Democrat as long as they get their freebies
In a way a good sign. It means the Dems are afraid their vote fraud and illegals voting will not tip the balance against the victorious Trump.
They will have to dust off old actors like Michael Douglas to state in TV ads: “Hamilton and other founders had a genius plan—the electors can vote against the election result of the voters if they disagree it is the best choice for president.”
Based on this, if the electors in Texas decided to cast their ballots for Clinton, well, there wouldn’t be a country today.
As 2016 proved unequivocally, putatively “legally” bound Electors represent the only protection we the people have against tyranny!!!
I believe that our Constitution should be interrupted as written—not as some text to be revised to accommodate those who seek to gain power by any means necessary!!!
Praying that Roberts, Thomas, Alito, Gorsuch and Kavanaugh stand guard to ensure we have the same bulwark in 2020!!!
How cool so we might have a representative Republic without the representation!
Isn’t this really about that compact of states to have their electors vote for the popular vote winner regardless of how their state votes?
Would be good to hold that they can’t be faithless.
It appears to be a non justiciable question. Hasn’t happened, no one can show that they’ve been harmed, no one has standing to bring the case.
I learned this from Obama.
I think the electors should vote according to who wins the electoral district they represent.
That would end democrat presidents for the foreseeable future.
Last sentence: The court will hear the issue in the spring and decide the case by late June.
Goody, goody. Right smack in the middle of the super serious politicking that will take place during the conventions.
Should be interesting to watch.
As I understand it, the Legislatures don't even have to have an election by the people at all. THEY can choose the electors regardless of the vote. Florida was prepared to do this in 2000 when the Democrats were trying to overturn the election by counting non-existent votes.
Parties choose electors, state partys need to bee double sure to vett the electors carefully
Because this is how you get a civil war.
One of several ways, actually...
...all of them best avoided.