The Colorado Legislature has unlimited discretion over how they appoint their Electors.
Do they have unlimited discretion over the acceptance of the other states for their methods of participating in federalism?
True, every State does. However, the Constitution mandates that they MUST have Electors.
Article II, Section I "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."
They have powers to how they ‘appoint’ but not how they vote, meet, time, place, certify. State legislatures may not pass ***legislation*** to change EC votes based on a national vote. They can make ‘pacts’ as non-binding agreements but state law cannot back such pacts.
The Constitution, Art. 2 Sec. 1, and the 12th Amendment are quite specific and detailed as to what, when, who, where, how when it comes to the EC. States have very little power through their legislatures by comparison.
I am sure this so-called progressive multi-state pact to get around the US Constitution will be challenged and defeated.
I'm not so sure about that. The first time a state casts its Electoral Votes for a candidate who lost the election in that state, I would think every voter in that state -- particularly the racial/ethnic minorities among them -- is going to have plenty of legal standing to file suit over Civil Rights Act and Voting Rights Act violations. Clearly, these people would be disenfranchised by their own state legislatures.
>>The Colorado Legislature has unlimited discretion over how they appoint their Electors.
Not “unlimited”, the they must still guarantee the citizens a “Republican form of government” (Article IV, clause 4).
I respectfully disagree about the states and their electors.
First, the so-called National Popular Vote Interstate Compact has a major constitutional problem imo.
More specifically, while I expect the anti-PDJT Congress to remain silent about this, the Founding States expressly prohibited the states from establishing compacts without the consent of Congress.
"Article I, Section 10, Clause 3: 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 [emphases added], or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay."
Next, from related threads, patriots not only need to support PDJT in putting a stop to Democratic tampering of electoral college by working with the states to enforce the 12th Amendment (12A), but they also need to support PDJT in putting a stop to Democratic ballot box manipulation by enforcing Section 2 of the 14th Amendment (14A).
Enforcing 12A will put an end to unconstitutional state winner-take-all electoral votes laws imo.
Excerpted from the 12th Amendment: "The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice- President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate [emphasis added]; …"
Additionally, Section 2 of the 14th Amendment specifies a penalty for states that weaken the voting rights of their citizens.
”14th Amendment, Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens [emphases added] twenty-one years of age in such State."
Note that voting rights amendments ratified after 14A effectively change how the express voting eligibility criteria of 14A is to be interpreted imo.
Regarding Section 2, the congressional record shows that post-Civil War federal lawmakers had pointed out not only that only citizens have the right to vote, but when a renegade state lets undocumented Democrats vote (my wording) the state is effectively nullifying the Constitution’s “uniform Rule of Naturalization” clause (1.8.4).
"Article I, Section 8, Clause 4: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;"
" If the States can admit to the elective franchise those who are not citizens, thereby neutralizing the votes of citizens, not only the Federal power of naturalization becomes a nullity, but” * * * * "a minority of citizens by the aid of aliens may control the government of the States, and through the States the government of the Union [emphasis added]." —Appendix to the Congressional Globe, 1868. (See near middle of 1st column.)
" Whatever difference there may be as to what other right appertain to a citizen, all must agree that he has the right to petition and also to claim the Protection of the Government. These belong to him as a member the body politic, and the possession of them is what separates citizens of the lowest condition from aliens and slaves. To suppose that a State can make an alien a citizen or confer on him the right of voting would involve the absurdity of giving him the direct and immediate control of the action of the General Government [emphasis added], from which he can claim no protection and to which he has no right to present a petition." —Appendix to the Congressional Globe, 1868. (See bottom half of 1st column.)
PDJT needs to work with the states to make sure that only people who present valid citizenship / photo ID cards will be allowed to vote. Such cards need to be made scannable and / or include a security chip to facilitate Democratic ballot box officials with “poor” eyesight.
Corrections, insights welcome.