How is this even legal?
this is unconstitutional....we’re a republic, not a democracy with mob rule..
The theory is that it is legal because the states have a right to run their elections. I am not a lawyer so no idea but that was the talking point when our legislature was discussing it.
It’s not legal. All it will take is a lawsuit by those who lose their votes due to the state not recognizing the popular vote winner in the state.
It isn’t. See the Interstste Compacts Clause, US Constitution. They aren’t even following a procedure that would allow for it to become legal
There would be nothing unconstitutional about it. They wouldnt be the first either.
The Constitution clearly states that electors are awarded in a manner determined by the legislatures of the several states. The legislature can simply name the electors themselves if it wishes.
There was actually talk in 2000, that if the Democrats didn’t stop their shenanigans in Florida, the state legislature would simply vote to install whatever electors they pleased.
Article IINotice that the governor of the state is not involved, the manner of selecting electors is wholly up to the legislature.Section 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows
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.
It's not. Won't pass Constitutional muster. This is just all part of the Demoncrat plan to ultimately change the Constitution via Constitutional Convention by ginning up popular support to gain the 2/3 state ratification necessary.
The Democrats are playing long ball here. They know incremental change on this one is the way to go and ultimately they'll probably get their way with people in this country being so f'n stupid that they don't realize they're ceding their votes to larger, more populated states.
Looking back, this is exactly why things like the Constitution aren't taught in schools anymore and the requirement we had (at least here in Illinois) to pass a Constitution Test were requirements to graduate in the 1970's. Not anymore!!
“How is this even legal?”
It isn’t. It’s a symbolic gesture meant to further raise the ire of liberal voters. Funny thing is, Republicans should do the same thing with the 83% of the counties they won in 2016. Just have the county heads say they will give their portion of the electoral vote to whoever wins the county.
Look at it this way. If California with their 58 counties has 24 counties that trump won, Trump should get 42% of the electoral vote. Out of 3007 counties, Trump won 88.09% of them. That means that Trump won 407 of the electoral votes.
Run that at the Democrats and see what they do.
It isn’t.
The 10th and 12th Amendments say so. How the electors are chosen is up to the states.