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Message

re: Maine joins unConstitutional National Popular Vote states

Posted on 4/17/24 at 1:37 pm to
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422934 posts
Posted on 4/17/24 at 1:37 pm to
quote:

And it specifically says they will choose by votes,

That's the vote of the ECs

It says nothing about how those EC slots are determined

quote:

Which then calls into question the ability to mail in ballots, or vote early in presidential elections

Statutory analysis is now on the long list of things you've proven you shouldn't attempt. We'll slot it right under "making up stories bout driving in Florida"
Posted by RobbBobb
Matt Flynn, BCS MVP
Member since Feb 2007
27954 posts
Posted on 4/17/24 at 1:46 pm to
I get your confusion, but the Congress has already clarified this issue. Specifically due to early voting affecting other states
quote:

On January 23, 1845, the 28th US Congress passed "An act to establish a uniform time for holding elections for electors of President and Vice President in all the States of the Union." The act selected "the Tuesday after the first Monday in November"

It solves 2 concerns in this thread

1) Electors are to be voted on
quote:

for holding elections for electors of President and Vice President in all the States of the Union

2) On a specific day
quote:

the Tuesday after the first Monday in November

Posted by RobbBobb
Matt Flynn, BCS MVP
Member since Feb 2007
27954 posts
Posted on 4/17/24 at 1:48 pm to
quote:

On that day, the States might "chuse" them by any method dictated by the legislature of the given state, be it vote of the populace, vote of the legislature, appointment by the governor, or the roll of a set of D&D dice.

NOPE

The presidential election act of 1845 says the electors will be VOTED ON, not selected by any other means
Posted by Auburn1968
NYC
Member since Mar 2019
19597 posts
Posted on 4/17/24 at 1:52 pm to
So if Trump wins Maine and the popular vote majority goes to Biden, then Trump loses the state he won. Sounds like something crooked demprogs would do.
Posted by OzonaOkapi
Patrolling the Edwards Plateau
Member since Apr 2024
400 posts
Posted on 4/17/24 at 1:55 pm to
several reasonably bright posters have told you that you are wrong, and explained why, in some detail. Your position remains the same. “Welcome to a political discussion board,“ I suppose.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422934 posts
Posted on 4/17/24 at 1:55 pm to
quote:

It solves 2 concerns in this thread

1) Electors are to be voted on
quote:

Congress doesn't get to override the Constitution

Also "election" doesn't necessarily mean "vote"

Posted by WeeWee
Member since Aug 2012
40175 posts
Posted on 4/17/24 at 1:58 pm to
quote:

SlowFlowPro
quote:
I don't know

Bookmarked!


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.
Article 2 Clause 2

I know SFP admitting he or she does not know something is rare, but SFP is right. It violates the Founder's intent of electing the President indirectly by an Electoral College. However, the states in the NPV do not have a uniform standard of who gets to vote and how the votes are counted. So the Equal Protection Clause and states suing other states and other things not mentioned could let SCOTUS negate it.

ETA: The article clearly says that states will only start allocating electors that way once they have 270 committed. So it is unlikely that we have to worry about it this election cycle.



This post was edited on 4/17/24 at 2:46 pm
Posted by RobbBobb
Matt Flynn, BCS MVP
Member since Feb 2007
27954 posts
Posted on 4/17/24 at 1:59 pm to
quote:

Statutory analysis is now on the long list of things you've proven you shouldn't attempt. We'll slot it right under "making up stories bout driving in Florida"

Maybe you should have held your trigger finger before hitting submit. It confirms that yet again you are clueless as to the actual written law

Heres a link to the Election Act of 1845 that states word for word that electors will be chosen by elections in the states, held on the same day
quote:

And provided, also, when any state shall have held an election for the purpose of choosing electors, and shall fail to make a choice on the day aforesaid, then the electors may be appointed on a subsequent day in such a manner as the State shall by law provide

Gotta vote first, sport

LINK
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422934 posts
Posted on 4/17/24 at 2:02 pm to
quote:

Gotta vote first,

Where does the word "vote" appear?

Where does that vote reference the population engaging in the act?


How can Congress overrule the Constitution?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422934 posts
Posted on 4/17/24 at 2:03 pm to
You need to read your link

quote:

when any state shall have held an election f

This is only for states who choose an election path, indicating the statute anticipates other possible appointment paths for Electors.
Posted by OzonaOkapi
Patrolling the Edwards Plateau
Member since Apr 2024
400 posts
Posted on 4/17/24 at 2:04 pm to
quote:

Heres a link to the Election Act of 1845 that states word for word that electors will be chosen by elections in the states, held on the same day
quote:

And provided, also, when any state shall have held an election for the purpose of choosing electors, and shall fail to make a choice on the day aforesaid, then the electors may be appointed on a subsequent day in such a manner as the State shall by law provide
Gotta vote first, sport
The impressive element here is the sheer confidence with which you are utterly wrong.

This post was edited on 4/17/24 at 2:07 pm
Posted by RobbBobb
Matt Flynn, BCS MVP
Member since Feb 2007
27954 posts
Posted on 4/17/24 at 2:11 pm to
quote:

Where does the word "vote" appear?

Where does that vote reference the population engaging in the act?


How can Congress overrule the Constitution?

Jeez dude, I get that youre scrambling, but the Congress passed a law in 1845 that hasnt been contested by the Supremes. So it currently is the law of the land

And the the act is titled:
quote:

An act to establish a uniform time for holding elections FOR ELECTORS of President and Vice President in all the states of the union

Now try and tell me "holding elections" doesnt mean casting votes by the people. Here, even I'll go first
quote:

An election is a process in which people vote to choose a person or group of people to hold an official position.
Posted by RobbBobb
Matt Flynn, BCS MVP
Member since Feb 2007
27954 posts
Posted on 4/17/24 at 2:13 pm to
quote:

The impressive element here is the sheer confidence with which you are utterly wrong.

Lulz

Keep digging
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422934 posts
Posted on 4/17/24 at 2:14 pm to
quote:

I get that youre scrambling

I"m not

quote:

but the Congress passed a law in 1845 that hasnt been contested by the Supremes.

And it doesn't include anything about mandated voting, let alone a vote by the population.

quote:

And the the act is titled:

Did you read the words of the statute?

It even says electors shall be "appointed", not elected.

Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261032 posts
Posted on 4/17/24 at 2:15 pm to
quote:


The impressive element here is the sheer confidence with which you are utterly wrong.



Whats up Hank? Here fundamentally changing America again?
Posted by RobbBobb
Matt Flynn, BCS MVP
Member since Feb 2007
27954 posts
Posted on 4/17/24 at 2:17 pm to
quote:

It even says electors shall be "appointed", not elected.

I'm disappoint

I even underlined the part for you, where it said they are only appointed if the election results arent certain, certifiable, legit, honest. (insert your reason here)
Posted by OzonaOkapi
Patrolling the Edwards Plateau
Member since Apr 2024
400 posts
Posted on 4/17/24 at 2:24 pm to
Is RobbBobb serious, or a troll? Genuinely curious.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422934 posts
Posted on 4/17/24 at 2:26 pm to
quote:

I even underlined the part for you, where it said they are only appointed if the election results arent certain, certifiable, legit, honest. (insert your reason here)


No, you didn't.

quote:

And provided, also, when any state shall have held an election for the purpose of choosing electors, and shall fail to make a choice on the day aforesaid, then the electors may be appointed on a subsequent day in such a manner as the State shall by law provide


1. The qualification "when any shall shall have held an election" limits the clause to only these specific states. This also implies that states may appoint without "having held an election" (and the clause would not apply)

2. This clause says that IF a state chooses to hold elections AND they fail to do it in time, then electors may be appointed based on state law in subsequent days, which largely neuters the law, but that's another discussion.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422934 posts
Posted on 4/17/24 at 2:27 pm to
quote:

Is RobbBobb serious, or a troll? Genuinely curious.

Serious
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261032 posts
Posted on 4/17/24 at 2:28 pm to
quote:


Democracy is two wolves and a lamb voting on what to have for lunch


Its the race to tthe bottom. It is absolutely happening here.

Even with our muted "democracy" they still found a way to push losers to the top.


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