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To: conservative98

this is unconstitutional....we’re a republic, not a democracy with mob rule..


7 posted on 04/01/2019 9:57:38 PM PDT by cherry
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To: cherry

Explain that to John Roberts and the rest of the libs on the SCOTUS.


13 posted on 04/01/2019 10:01:57 PM PDT by Equine1952 (Get yourself a ticket on a common mans train of thought)
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To: cherry

It’s not unconstitutional.

It is stupid.


18 posted on 04/01/2019 10:10:40 PM PDT by Mr.Unique (The government, by its very nature, cannot give except what it first takes.)
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To: cherry

“we’re a republic, not a democracy with mob rule..”

We’ve invited in a third world mob that’s going to rule over us.


93 posted on 04/02/2019 5:07:00 AM PDT by dljordan
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To: cherry

there are real constitutional questions.

1. Since the electoral college is not abolished, the citizens of the state are still voting for electors. If the winning side has its elected electors denied and the losing electors sent to Washington, then those voters’ votes have been overturned. That hardly seems to be what the Founders intended: winners are losers and losers are winners.

2. The 14th amendment clarifies that electors cannot be arbitrarily assigned, but are intended to be assigned based on a RIGHT to vote of citizens:

***A14, S2 - But when the right to vote at any election for the choice of electors for President and Vice President of the United States,***

3. That means that A2, S2 means “after a vote of citizens has taken place in that state”.

***A2, S2: Each State shall appoint, in such Manner as the Legislature thereof may direct***

Therefore, it cannot be an arbitrary decision and it must involve the state “thereof” that is in question.

4. The assignment of electors, therefore, must be based on the vote of citizens of THAT state “thereof”, and not on the votes of citizens of other states. This is their RIGHT.

5. A14, S2 says any effort by a legislature to subvert the right to vote results in their losing about half of their electoral votes in that election.

6. Finally, What about recounts? What about majority versus plurality? Imagine a Ross Perot and no candidate achieves a majority. So, if a national candidate is not really preferred by a majority of Americans, why should my right to vote be refused and my electors be denied to my candidate in a 3, 4, or 5 way contest?

The constitution doesn’t begin to address a national recount, so that must not have been the intent.


107 posted on 04/02/2019 6:22:24 AM PDT by xzins (Retired US Army chaplain. Support our troops by praying for their victory.)
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To: cherry; lastchance; Tammy8; Theoria; SoCal Pubbie; PghBaldy; Darksheare; Equine1952; Swordmaker; ...
This movement should not be ignored, or thought of as being unconstitutional...because it isn't.

"What is the Electoral College?

The Electoral College consists of 538 electors. A majority of 270 electoral votes is required to elect the President. Your state’s entitled allotment of electors equals the number of members in its Congressional delegation: one for each member in the House of Representatives plus two for your Senators. Read more about the allocation of electoral votes.

Under the 23rd Amendment of the Constitution, the District of Columbia is allocated 3 electors and treated like a state for purposes of the Electoral College. For this reason, in the following discussion, the word “state” also refers to the District of Columbia.

Each candidate running for President in your state has his or her own group of electors. The electors are generally chosen by the candidate’s political party, but state laws vary on how the electors are selected and what their responsibilities are. Read more about the qualifications of the Electors and restrictions on who the Electors may vote for.

....

Most states have a “winner-take-all” system that awards all electors to the winning presidential candidate. However, Maine and Nebraska each have a variation of “proportional representation.” Read more about the allocation of Electors among the states and try to predict the outcome of the Electoral College vote."

https://www.archives.gov/federal-register/electoral-college/about.html

 

Are there restrictions on who the Electors can vote for?

There is no Constitutional provision or Federal law that requires Electors to vote according to the results of the popular vote in their states. Some states, however, require Electors to cast their votes according to the popular vote. These pledges fall into two categories—Electors bound by state law and those bound by pledges to political parties.

The U.S. Supreme Court has held that the Constitution does not require that Electors be completely free to act as they choose and therefore, political parties may extract pledges from electors to vote for the parties' nominees. Some state laws provide that so-called "faithless Electors" may be subject to fines or may be disqualified for casting an invalid vote and be replaced by a substitute elector. The Supreme Court has not specifically ruled on the question of whether pledges and penalties for failure to vote as pledged may be enforced under the Constitution. No Elector has ever been prosecuted for failing to vote as pledged.

Today, it is rare for Electors to disregard the popular vote by casting their electoral vote for someone other than their party's candidate. Electors generally hold a leadership position in their party or were chosen to recognize years of loyal service to the party. Throughout our history as a nation, more than 99 percent of Electors have voted as pledged.

The National Association of Secretaries of State (NASS) has compiled a brief summary of state laws about the various procedures, which vary from state to state, for selecting slates of potential electors and for conducting the meeting of the electors. The document, Summary: State Laws Regarding Presidential Electors, can be downloaded from the resources/elections menu on the NASS website.

https://www.archives.gov/federal-register/electoral-college/electors.html#restrictions

140 posted on 04/02/2019 9:39:01 AM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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