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Popular vote gets thumbs up in Calif. [a way of amending the Constitution through the backdoor....]
Yahoo ^

Posted on 08/31/2006 6:51:49 AM PDT by Sub-Driver

Popular vote gets thumbs up in Calif.

By ROBIN HINDERY, Associated Press Writer 14 minutes ago

The California Legislature passed a bill that would give California's 55 electoral votes to the winner of the national popular vote, rather than the candidate who captured the state — but for now, the measure stands a slim chance of becoming reality.

That's because it could go into effect only if states with a combined total of 270 electoral votes — the number now required to win the presidency — agree to the same process.

Similar legislation is pending in Colorado, Illinois, Louisiana and Missouri — which have a combined 50 electoral votes. With California's 55, the legislation would still be less than halfway there.

The movement is a reaction to the 2000 presidential contest, when Democrat Al Gore won the nationwide popular vote but lost the presidency to George W. Bush, who won more Electoral College votes. Gore also won California that year.

Democrats control the California Legislature. Gov. Arnold Schwarzenegger, a Republican, has yet to take a public position on the bill, passed Wednesday.

Supporters said the move would boost California's relevance in national elections. California is a key fundraising state for presidential candidates but is often not visited in general campaigning because it is safely Democratic.

"Candidates don't come to California," said Assemblyman Rick Keene of Chico, one of the few Republican supporters of the measure. "We are currently disenfranchised in the electoral process."

But many Republicans criticized the bill.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: News/Current Events; Politics/Elections; US: California
KEYWORDS: ab2948; callegislation; electoralcollege; popularvote
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To: VRWCmember; Bigh4u2
The language was very confusing and I pushed the wrong buttons on the keyboard.

Let's all not get too snippy now.

Where is that lady with the picture "I Am With Stupid"

ROFLOL.

41 posted on 08/31/2006 7:47:07 AM PDT by PetroniDE (We Don't Live in Texas Anymore --- State Name is Now TAXES !!)
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To: joe fonebone
Remember, here is your typical educated voter.


42 posted on 08/31/2006 7:49:45 AM PDT by PetroniDE (We Don't Live in Texas Anymore --- State Name is Now TAXES !!)
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To: PetroniDE

I think I like you.........


43 posted on 08/31/2006 7:51:12 AM PDT by joe fonebone (Israel, taking out the world's trash since 1948.)
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To: VRWCmember

My lack of a 'sarcasm' tag on the last part was inadvertent.

But I could be wrong./s

Besides. I did include a 'smiley face' in my reply!

:0)


44 posted on 08/31/2006 7:58:48 AM PDT by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: Sub-Driver

Mob rule! They will live to regret doing this. The people who live in areas other than LA have been disenfranchised.


45 posted on 08/31/2006 7:59:35 AM PDT by pepperdog
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To: PetroniDE

I think you missed this part of my reply ":)"

lol!



46 posted on 08/31/2006 8:00:15 AM PDT by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: stocksthatgoup

The demoncraps are really stupid!


47 posted on 08/31/2006 8:01:11 AM PDT by Alex1977
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To: Barney Gumble

Good point about the fraud. Can't forget the fraud.


48 posted on 08/31/2006 8:39:32 AM PDT by AmishDude (`[N]on-state actors' can project force around the world more easily than Canada". -- Mark Steyn)
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To: Sub-Driver
Easily discarded in federal court. States aren't lines on a map, they are collections of citizens. Although the Constitution allows State legislatures to decide how to determine their electors, they only have legislative jurisdiction over their own citizens, that is the State itself. They cannot by default demand the other States provide counts of popular votes to the California legislature to determine California's assignment of electors. Recall also that States may choose other methods of determining electors, and that these need not be by popular vote. The legislatures of certain states I believe actually are not required to follow the popular vote, in a number of circumstances similar to what occurred in Florida. Do we all forget that the legislature of Florida almost managed to determine electors by vote of the legislature before the Florida (Burrito) Supreme Court stuck its nose in? California can write as much silly legislation as they like, as long as it only involves the State of California. I'm sure this angle is the simplest to use to defeat such moonbat nonsense. California must make the choice for California. It cannot require the other 49 States to do the job for them.

Furthermore, if we recall correctly, in all the other States we would still be voting for Electors, not Presidential candidates. As a result, California's bill would have the effect of denying the Electors of other States their opportunity to cast their votes: by predetermining their votes. Example: Let us suppose in Maine, that I cast my vote for Robert Pinkham, who is running as an Elector supporting Mitt Romney for President. California claims that the popular votes for Mr. Pinkham are immediately votes for Mr. Romney. However, by doing this, they can not determine what Mr. Pinkham might actually do on the date of the Electoral College. Let us say on that date, that instead Mr. Pinkham determines he will be an unfaithful elector and cast his vote for Patrick Buchanan. Now, California has improperly appointed electors... I'm sure that a further extension of this argument is apparent.

And even furthermore, lest California to have courts reject these arguments... then simply other States should correctly, and constitutionally refuse to deliver any official notification of popular vote totals to the State of California, and further consider using a non-popular vote method to determine its electors... somehow the leftists were able to get that judgment overturned... then all it takes is for one or more States to eliminate popular voting for Presidential candiates and go to a strict voting for Electors (perhaps using a multiple vote system!).

49 posted on 08/31/2006 8:57:16 AM PDT by sturmde
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To: Balding_Eagle
This will be challenged, and end up in front of SCOTUS.

Why?

Here's what the Constitution says about it:

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: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

I think it's a stupid idea, but they are perfectly welcome to do it. Notice that this change in the manner they choose their electors doesn't take effect unless other states do it as well. Personally, I think there is enough sanity in the country not to want to essentially abandon the electoral college, which is what this law intends.

50 posted on 08/31/2006 9:52:10 AM PDT by zeugma (I reject your reality and substitute my own in its place. (http://www.zprc.org/))
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To: Sub-Driver
I support it. If the Democrats are so stupid as to award California's electoral votes to the Republican nationwide popular vote winner, its no skin off my nose.

(No more Olmert! No more Kadima! No more Oslo! )

51 posted on 08/31/2006 10:09:55 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Bigh4u2
Consider all those California Democrats being disenfranchised upon learning that despite their state's political tilt, all 55 EV went to the Republican! I can't wait to see them ditch the idea when that happens.

(No more Olmert! No more Kadima! No more Oslo! )

52 posted on 08/31/2006 10:12:29 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Sub-Driver
As I understand it, States cannot get to together and make agreements among themselves. It is illegal, per the Constitution. Hopefully we will not get to the point where it ends up in the courts. What the Democrats do not seem to realize is that law this could help a GOP candidate get elected not just Democrats.
53 posted on 08/31/2006 10:14:45 AM PDT by Uncle Hal
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To: Sub-Driver

Will Arnie veto it?


54 posted on 08/31/2006 10:15:22 AM PDT by RockinRight (She rocks my world, and I rock her world.)
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To: zeugma

I agree that the California legislature can bind their electors to cast their votes for the winner of the popular vote. The Constitution clearly gives states that right.

Where the problem comes in is that this law will not go into effect until other states, representing a majority of Electoral votes, pass the same law. The Constitution forbids states to enter into compacts not approved by the federal government. The national organizations pushing for these kinds of laws calls for a compact between states...and uses the word 'compact'.

This is an end run around the Constitution and it should make people very afraid...


55 posted on 08/31/2006 10:15:47 AM PDT by goldfinch
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To: VRWCmember
In theory, the state legislatures can determine how their electors are cast any way they want.

Not just in theory.

The article states that California's measure stands a slim chance of becoming reality because it "could go into effect only if states with a combined total of 270 electoral votes — the number now required to win the presidency — agree to the same process."

Doesn't that limit California's ability to determine how their electoral votes are cast?

56 posted on 08/31/2006 10:36:11 AM PDT by DumpsterDiver
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To: goldstategop

Couldn't you just imagine how the left would have gone even nuttier than they are if they had passed this before 2004?

The mind boggles.

Mass suicide!


57 posted on 08/31/2006 11:01:13 AM PDT by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: HaveHadEnough

This is a Constitutional matter it isn't a state matter, it affects the country as a whole and no state should be able to make an end run around the Constitution. I strongly believe in state's rights but this is a National and Constitutional matter. If they want to change it then it must be changed in the correct manner, ie, nationally. E Pluribus Unam.


58 posted on 08/31/2006 1:16:26 PM PDT by tiki
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To: zeugma
As number of people (who are a obviously more informed about this than I am) have pointed out exactly what you have.

To my dismay.

You said:Personally, I think there is enough sanity in the country not to want to essentially abandon the electoral college, which is what this law intends.

I generally have a lot of faith in the voters, but in this case they are unwittingly going to throw the existing system out.

WE'RE DOOMED!, DOOMED, I TELL YOU!

Not really, but things are going to change in ways we can't predict, and I don't like it.

59 posted on 08/31/2006 1:30:18 PM PDT by Balding_Eagle (God has blessed Republicans with political enemies who are going senile.)
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