Posted on 12/17/2016 8:57:48 AM PST by ColdOne
The Los Angeles Times has published an editorial arguing that the Electoral College shouldnt be allowed to choose the next U.S. president, on the grounds that it is unconstitutional.
Needless to say, Kenneth Josts argument is a very bold one, since the Constitution explicitly creates the Electoral College and describes how it works; the system was even refined with the 12th Amendment. But Jost, an adjunct professor at Georgetown University Law Center, says thats no barrier to having the Supreme Court abolish the Electoral College by fiat.
(Excerpt) Read more at dailycaller.com ...
LA is an illegal sanctuary city and should be banned.
“...this clown professor”
Clowns are scary. Remember?
Oddly the electoral college inherent follow the concept the Constitution and it divides power among the STATES...not to the total population in all United States
States vote for the Constitution ... States are allocated proportionally in the Electoral College
The Constitution is created by the States ....the Constitution is changed by the States votes..... the Constitution can be abolished by the States
it’s not popular vote of the total country for anything in the Constitution
The concept of the individual states being allocated proportional power is inherit, is fundamental, in the Constitution
popular vote of the total country has no place in the Constitution
An “adjunct professor” in law is a lot like a warm bucket of spit.
The USSC majority wrote THIS in 1992:"At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life."
This is power without limit.
Only the left could come up with such an idea.
I’m a lawyer who went to law school in D.C. and has been doing trial work in Federal Courts in the metropolitan Washington area for over thirty years. Occasionally, I run into some of my professors in court. These are the people we looked up to in law school and who seemed to know everything. Every time, without exception, they have proven to be hopeless, misguided bumblers in court. Once, I even had one sanctioned under Rule 11. When I see a “law professor” giving an opinion about this or that in the law, I always think of an academic without any notion of how the law really works or how a case is really tried.
Fascinated to watch all of Clinton’s SCOTUS short-listers immolate, this quatch along with Lessig and Tribe. That must suck, knowing you were maybe more likely to get clearance than some fob like Larry and see it all go to shit because of your lousy candidate...
You would think they learned after when Gore loss.
You’re right, of course.
It’s like my cousin the Unitarian minister who is an atheist.
Sometimes you just have to stand back and admire the stupid.
It’s breathtaking!
On Fox today there was an interesting interview by a professor regarding the Electoral College.
http://video.foxnews.com/v/5252143839001/?#sp=show-clips
At about the 2:30 mark she said the E.C. is a compromise designed to “check tyrannies of the majority as well as tyrannies of the minority”
I take that to mean that in this election, the “tyranny of the majority” equates to Hillary’s popular vote count which would be a tyranny of those in NY and California. The whole interview is pretty good. She mentions why they went E.C. instead of popular.
Fear of the people is a firewall against SCOTUS - or any lower court - even accepting such a case.Hillary wouldnt even make a good test case for it, since she although she got more votes than anyone else, she didnt win a majority of the popular vote.
In any case, SCOTUS is no more constitutional than the Electoral College is; you are talking constitutional crisis time. Not constitutional crisis in the sense that journalism spoke of during the latter days of the Nixon Administration, but constitutional crisis as in, well-intended patriots with guns trying to figure out who it is their duty to shoot.
Wow. The EC is unconstitutional huh? Wow.
They are just playing their tune to what’s left of the dumbed down useful idiots within the dem bubble.
The contempt that the left has for our Constitution knows no bounds. If the Constitution means whatever crazy thing they dream up with each passing year, then it means absolutely nothing at all and provides no actual safeguards.
this is coordinated propaganda ala journ-o-list.
the Hollywood phonies tv ad.
Obama’s comments
this article with others
it is all a ussr style cold war era campaign.
northern California wants to stay in the usa. only la weirdo wants to go.
As it is, the only ‘safe’ parts of the Constitution are the numbers; two senators, four years, two-thirds, etc.
Every other part is just tabula rasa for judges. Only dire political consequences preserve some vestiges of the Constitution beyond the numbers.
Didn’t the guy who is POTUS used to be an adj...oh, never mind...
CA....
The media is supporting the corrupt Washington cartel in its struggle to retain control of state powers, and associated state revenues, that it has stolen, and continues to steal, from the states, state revenues stolen by means of unconstitutional federal taxes.
Congress is not empowered to tax for those purposes which are within the exclusive province of the States. Justice John Marshall, Gibbons v. Ogden, 1824.
From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]. United States v. Butler, 1936.
The electrical college is an obstacle that is preventing the cartel from completely swallowing the states.
Patriots need to work with Trump to not only politically force the corrupt cartel to surrender stolen state powers back to the states, but also put a stop to unconstitutional federal taxes.
After unconstitutional taxes are stopped, the states will probably find a tsunami of new revenues that they wont know what to do with.
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