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To: semantic

OPINION: https://www.ca10.uscourts.gov/opinions/18/18-1173.pdf

“Een where an elector violates a state-required pledge to vote for the winners of the state popular election, there is nothing in the federal Constitution that allows the state to remove that elector or to nullify his votes. ..”

Seems pretty clear, and broad, to me.

Under Federalism, I see it oppositely; the States can do what they’re not forbidden to- not what they are allowed to- under the Constitution.


160 posted on 08/21/2019 5:50:25 PM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat/RINO Party!)
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To: mrsmith
Thanx for the cite. The crux of the issue is two-fold: (a) selection/control of electors prior to election; and (b) control/direction of electors' decisions/votes after an election.

It appears the court has (correctly) avoided making a determination whether or not the respective state legislative bodies can select/control electors prior to a presidential election. Where it gets interesting is the circuit court has opined that state legislators cannot control/direct electors' votes after a presidential election.

This I believe is in error and will be ultimately overturned. Their logic is similar to Trump not being exonerated; that is, referencing a negative. Specifically, by noting that the constitution doesn't specifically state what a state can/cannot do, the judge has determined a state cannot.

A proper reading, with respect to the specific clause regarding electors, and of course the 10th amendment, is that states can not only select electors of their choosing, but can task them with casting votes in accordance with guidelines however the state wishes (as long as it is in accordance with republican guarantees).

Prediction: inter-state popular vote accord ruled unconstitutional, individual state elector control/direction by state legislative bodies upheld.

167 posted on 08/21/2019 6:11:53 PM PDT by semantic
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