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

To: EternalVigilance
Article I, Section 10, of the U.S. Constitution states: "... No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, ..."

So this compact among states to circumvent the Constitution is in and of itself UNCONSTITUTIONAL.

26 posted on 06/03/2011 7:50:08 PM PDT by VRWCmember (_!_)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: VRWCmember
So this compact among states to circumvent the Constitution is in and of itself UNCONSTITUTIONAL.

Yeah. Too bad that we don't have executives, legislators, or judges who pay any attention to such matters now.

29 posted on 06/03/2011 7:54:16 PM PDT by EternalVigilance (Some of us still 'hold these truths to be self-evident'..Enough to save the country? Time will tell.)
[ Post Reply | Private Reply | To 26 | View Replies ]

To: VRWCmember
So this compact among states to circumvent the Constitution is in and of itself UNCONSTITUTIONAL.

NOT necessarily ...

SCOTUS has ruled that a state's decision on how to allocate electors is plenary and that there is no inherent constitutional right for an individual citizen to select [vote for] an elector. This decision trumps the Compact Clause of the Constitution.

OTOH, SCOTUS HAS ALSO RULED that once a state grants it's citizens the right to vote for electors - then:

"... the right to vote as the legislature has prescribed is fundamental; and one source of its fundamental nature lies in the equal weight accorded to each vote and the equal dignity owed to each voter."

Furthermore, SCOTUS has ruled that:

"The right to vote is protected in more than the initial allocation of the franchise. Equal protection applies as well to the manner of its exercise. Having once granted the right to vote on equal terms, the State may not, by later arbitrary and disparate treatment, value one person's vote over that of another."

These 2 views are diametrically opposed to each other. The state's right to determine how the electors are selected AND the individual voter's right to equal protection of his vote under the 14th Amendment.

So, SCOTUS would have to decide whether this proposed "compact" is constitutional ...

41 posted on 06/03/2011 8:13:02 PM PDT by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
[ Post Reply | Private Reply | To 26 | View Replies ]

To: VRWCmember

This is the thought that occurred to me. Can states individually abrogate Constitutional requirements to have electors? Correspondingly , can electors as Constitutionally designated for States give one States voters to to another or more? Sounds like something one would expect out of Russia in 1917 or Germany in 1932 maybe it is.


125 posted on 06/04/2011 11:59:41 AM PDT by noinfringers2
[ Post Reply | Private Reply | To 26 | 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