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re: Michigan Democrats approve National Popular Vote scheme

Posted on 7/13/23 at 8:12 am to
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
54703 posts
Posted on 7/13/23 at 8:12 am to
quote:

They aren't trying to make a constitutional amendment.


This is their way of by passing it. So real application is this:

- Trump wins Michigan by 100K. He would get all of the delegates as it stands.

- However, because by won got the most votes nationally, they award those votes to Biden... Even though the people did not vote that way




Pretty sure a state cannot single handedly change how federal elections work but maybe that's just me
Posted by Jjdoc
Cali
Member since Mar 2016
55615 posts
Posted on 7/13/23 at 8:13 am to
quote:

The Constitution clearly states that each State can determine how to allocate the EC votes however it desires. The only way federal laws would come into play is if they argued that EC distribution determination was designed to disenfranchise black people, basically.


That's BS. The argument is the constitution itself. We do not have a popular vote. We are a republic.

I get you are drooling over this, but it won't stand in court.

Posted by Jjdoc
Cali
Member since Mar 2016
55615 posts
Posted on 7/13/23 at 8:14 am to
quote:

Pretty sure a state cannot single handedly change how federal elections work but maybe that's just me



They can not change the EC. This would go straight to the SCOTUS.

Like fast tracked.

Posted by Ten Bears
Florida
Member since Oct 2018
5047 posts
Posted on 7/13/23 at 8:16 am to
Strange. Michigan used to have a Republican majority in their state house and senate.

I wonder what happened? First, they eliminate right to work laws and now this? Just seems strange as to how this happened, as it seems elections have consequences.

Can’t seem to put my finger on it.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476619 posts
Posted on 7/13/23 at 8:20 am to
quote:

Pretty sure a state cannot single handedly change how federal elections work but maybe that's just me

The Constitution literally gives states the sole discretion in how they choose to award EC votes.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476619 posts
Posted on 7/13/23 at 8:21 am to
quote:

They can not change the EC.

They're not changing the Electoral College.

They are determining how their electors are allocated:

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
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476619 posts
Posted on 7/13/23 at 8:22 am to
quote:

That's BS. The argument is the constitution itself


You're right about this.

Here is the wording in the Constitution:

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


quote:

We do not have a popular vote. We are a republic.


Irrelevant. States have the power to do what they want with their electors.
Posted by Jjdoc
Cali
Member since Mar 2016
55615 posts
Posted on 7/13/23 at 8:26 am to
quote:

The Constitution literally gives states the sole discretion in how they choose to award EC votes.



It will be struck down by the SCOTUS should it actually pass


Posted by Robin Masters
Birmingham
Member since Jul 2010
35924 posts
Posted on 7/13/23 at 8:26 am to
Democrats are power mad and completely loathsome.
Posted by roadGator
DeBoar’s dome
Member since Feb 2009
157758 posts
Posted on 7/13/23 at 8:27 am to
Why would anyone in Michigan bother to vote?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476619 posts
Posted on 7/13/23 at 8:27 am to
quote:

It will be struck down by the SCOTUS should it actually pass

Cite me the precedents you're relying on

I'm sure I'll get it as soon as I get your legal justifications for the Tim Pool thread arguments
This post was edited on 7/13/23 at 8:28 am
Posted by Jjdoc
Cali
Member since Mar 2016
55615 posts
Posted on 7/13/23 at 8:30 am to
quote:

They're not changing the Electoral College.

They are determining how their electors are allocated:



No no.. It's changing the EC at a state level. It's circumventing the EC and moving to a national popular vote.

Again, we have a EC by design, with purpose. We declined a national popular vote by constitution ratified by all states.

National Popular Vote Interstate Compact is what this is.

It will be struck down
Posted by doubleb
Baton Rouge
Member since Aug 2006
42611 posts
Posted on 7/13/23 at 8:32 am to
quote:

Irrelevant. States have the power to do what they want with their electors.


Do they have the right to pass on their obligations under the Constitution?

How can they pass on their right to vote by letting the other states’ voters choose for them?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476619 posts
Posted on 7/13/23 at 8:33 am to
quote:

No no.. It's changing the EC at a state level.

You mean, what the Constitution mandates?

quote:

It's circumventing the EC

How so?

Do you understand what the EC is and how it works?

quote:

Again, we have a EC by design, with purpose

Yes, and I don't think you understand how it works, the federalism involved, and state's rights.

quote:

We declined a national popular vote by constitution ratified by all states.

And gave the power of determining how each state allocates its electors to that state.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476619 posts
Posted on 7/13/23 at 8:34 am to
quote:

Do they have the right to pass on their obligations under the Constitution?

You would have to give me an example of what you're talking about to analyze.

This situation is not doing that. Their obligation is to determine how their state's electors are allocated. This would accomplish that.
Posted by Nosevens
Member since Apr 2019
19290 posts
Posted on 7/13/23 at 8:38 am to
Supreme Court would slap that back to 1775
Posted by SirWinston
Say NO to War
Member since Jul 2014
104464 posts
Posted on 7/13/23 at 8:39 am to
This is another example where you’re being contrarian on here just to get your jollies arguing with people.

You live for this.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476619 posts
Posted on 7/13/23 at 8:40 am to
quote:

This is another example where you’re being contrarian on here just to get your jollies arguing with people.

Naw. This is me educating people on Constitutional Law. "Constitutional Law" doesn't mean "whatever helps my team". Lots of people are ignorant and listen to grifters and think they're scholars on the subject. Some people are like JJ and don't even understand the words they type, but they are repeating what they've been told.

It's rare that we have Leftists promoting sophistry in this area, but I treat them the same. It's just rare.
Posted by Jjdoc
Cali
Member since Mar 2016
55615 posts
Posted on 7/13/23 at 8:42 am to
quote:

You're right about this.

Here is the wording in the Constitution:


The 14th sir
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476619 posts
Posted on 7/13/23 at 8:42 am to
quote:

The 14th sir


OK explain which clause you believe applies and how it applies to this argument, with case cites.

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