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LA Times Editorial: Electoral College Is Unconstitutional And Should Be Banned
dailycaller.com ^ | 12/16/16 | Blake Neff

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 shouldn’t be allowed to choose the next U.S. president, on the grounds that it is unconstitutional.

Needless to say, Kenneth Jost’s 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 that’s no barrier to having the Supreme Court abolish the Electoral College by fiat.

(Excerpt) Read more at dailycaller.com ...


TOPICS: Constitution/Conservatism; Politics/Elections
KEYWORDS: calexit; delusional; electoralcollege; fakenews; kennethjost; liberalagenda; losangelesslimes; realpropaganda
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To: ColdOne

LA is an illegal sanctuary city and should be banned.


161 posted on 12/17/2016 11:15:47 AM PST by ZULU (We are freedom's safest place!!!! #BOYCOTT HAMILTON!!! #BOYCOTT NEW YORK CITY!!!!!!!)
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To: Stayfree

“...this clown professor”

Clowns are scary. Remember?


162 posted on 12/17/2016 11:21:12 AM PST by Clutch Martin (Hot sauce aside, every culture has its pancake, just as every culture has its egg roll.)
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To: ColdOne

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


163 posted on 12/17/2016 11:21:18 AM PST by tophat9000 (Tophat9000)
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To: ColdOne

An “adjunct professor” in law is a lot like a warm bucket of spit.


164 posted on 12/17/2016 11:23:33 AM PST by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: FreedomNotSafety
The USSC majority wrote THIS in 1972; "that the Eighth Amendment 'must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.'"

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.

165 posted on 12/17/2016 11:28:49 AM PST by Jim Noble (Die Gedanken sind Frei)
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To: John Robinson
When you read in the news the unconstitutionality of a constitutionally defined process, you are reading Fake News.

Only the left could come up with such an idea.

166 posted on 12/17/2016 11:34:21 AM PST by Lazamataz (TRUMP LIED TO ME!!!! ....He said I'd get sick of winning.... AND I'M NOT SICK OF WINNING YET!!!!)
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To: madison10

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.


167 posted on 12/17/2016 11:37:04 AM PST by PUGACHEV
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To: ColdOne

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...


168 posted on 12/17/2016 11:37:44 AM PST by StAnDeliver (Protocol: "President Trump"; subsequent references "The President" or "Pres. Trump". NO "POTUS")
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To: ColdOne

You would think they learned after when Gore loss.


169 posted on 12/17/2016 11:43:19 AM PST by keving (We get the government to vote)
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To: abb

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!


170 posted on 12/17/2016 11:49:37 AM PST by turfmann
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To: ColdOne

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.


171 posted on 12/17/2016 11:52:19 AM PST by MayflowerMadam
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To: AU72; billyboy15
He’s right. The Constitution is no fire-wall if 5 on SCOTUS making a ruling on whatever.
Fear of the people is a firewall against SCOTUS - or any lower court - even accepting such a case.

Hillary wouldn’t even make a good test case for it, since she although she got more votes than anyone else, she didn’t 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.


172 posted on 12/17/2016 11:55:56 AM PST by conservatism_IS_compassion (The idea around which ‘Liberalism’ coheres is that NOTHING ACTUALLY MATTERS except PR.)
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To: ColdOne

Wow. The EC is unconstitutional huh? Wow.


173 posted on 12/17/2016 12:05:57 PM PST by Ray76 (DRAIN THE SWAMP)
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To: ColdOne

They are just playing their tune to what’s left of the dumbed down useful idiots within the dem bubble.


174 posted on 12/17/2016 12:11:15 PM PST by redfreedom
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To: ColdOne

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.


175 posted on 12/17/2016 12:12:13 PM PST by FenwickBabbitt
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To: redfreedom

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.


176 posted on 12/17/2016 12:14:37 PM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: DoughtyOne

northern California wants to stay in the usa. only la weirdo wants to go.


177 posted on 12/17/2016 12:16:06 PM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: FenwickBabbitt

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.


178 posted on 12/17/2016 12:17:33 PM PST by jjotto ("Ya could look it up!")
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To: Republican Wildcat

Didn’t the guy who is POTUS used to be an adj...oh, never mind...

CA....


179 posted on 12/17/2016 12:18:38 PM PST by Chances Are (Seems I've found that silly grin again....)
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To: ColdOne; All
Patriots are reminded that the main reason that the corrupt media is demonizing the electoral college is the following imo.

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.

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 won’t know what to do with.

180 posted on 12/17/2016 12:18:57 PM PST by Amendment10
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