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re: Maine joins unConstitutional National Popular Vote states

Posted on 4/17/24 at 11:44 am to
Posted by RobbBobb
Matt Flynn, BCS MVP
Member since Feb 2007
27972 posts
Posted on 4/17/24 at 11:44 am to
quote:

I don't know if it violates the Constitution because states have a lot of leeway in how they appoint their electors.

Not enough leeway to send their electors based on how other states voted. Thats the whole purpose of the EC. Send electors based on how the citizens of a SINGLE state voted, based on the number of reps and sens that SINGLE state has

Posted by OzonaOkapi
Patrolling the Edwards Plateau
Member since Apr 2024
400 posts
Posted on 4/17/24 at 11:57 am to
quote:

quote:

I don't know if it violates the Constitution because states have a lot of leeway in how they appoint their electors.
Not enough leeway to send their electors based on how other states voted
OK
quote:

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.
Please show us that limiting language in the Constitution,
quote:

Send electors based on how the citizens of a SINGLE state voted
Read carefully here. The Constitution does NOT mandate that EC delegates by selected by a vote or election. The state legislature could pick ANY means it wants for assigning its Electors, including lottery, rolling dice or throwing darts at a wall. Louisiana could pass a law saying "our Electors must vote however the Texas Electors vote."

FTR, I don't LIKE the "National Popular Vote" movement/statutes, but I acknowledge that it IS a clever attempt to bypass both the EC and the Interstate Compact provisions of the Constitution.
This post was edited on 4/17/24 at 1:21 pm
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
424260 posts
Posted on 4/17/24 at 11:59 am to
quote:

Send electors based on how the citizens of a SINGLE state voted


"Voted" is not in the Constitution. There isn't a requirement that states even assign their ECs based on a popular vote, or any vote, based on a textual analysis.
Posted by Indefatigable
Member since Jan 2019
26775 posts
Posted on 4/17/24 at 1:18 pm to
quote:

Not enough leeway to send their electors based on how other states voted.

I don't see that limitation:
quote:

in such Manner as the Legislature thereof may direct


The State's don't even have to hold elections for POTUS.

The Compact is certainly terrible and against the intent of the Constitution, and very may well be unconstitutional, but your reasons probably are not why.
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