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re: Michigan Democrats approve National Popular Vote scheme

Posted on 7/13/23 at 8:43 am to
Posted by Jjdoc
Cali
Member since Mar 2016
55615 posts
Posted on 7/13/23 at 8:43 am to
quote:

Why would anyone in Michigan bother to vote?


Thus the SCOTUS will strike it down.

Forget Mi... why would anybody in any state vote.

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476619 posts
Posted on 7/13/23 at 8:43 am to
quote:

why would anybody in any state vote.

To get the most votes nationally.
Posted by LNCHBOX
70448
Member since Jun 2009
89128 posts
Posted on 7/13/23 at 8:45 am to
quote:

It would be funny but we all know that's near 0% chance of happening. Nationally the DEMs have a pretty safe lead.

When was the last GOP popular vote winner? 2004? Then 1988 before that?




How many Rs in NY CA etc don't vote since it is pointless? This would fundamentally change how campaigns are run, so your questions are pretty fricking irrelevant. Absolutely no shock that you ask them that way though.
Posted by Jjdoc
Cali
Member since Mar 2016
55615 posts
Posted on 7/13/23 at 8:47 am to
quote:

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



You know how to look it up.

Posted by pankReb
Defending National Champs Fan
Member since Mar 2009
73070 posts
Posted on 7/13/23 at 8:48 am to
quote:

You know how to look it up.


This is Jj’s way of saying “I don’t know”
Posted by Jjdoc
Cali
Member since Mar 2016
55615 posts
Posted on 7/13/23 at 8:49 am to
quote:

To get the most votes nationally.




Like I said.. I know you LOVE the idea, but it will be struck down.


Smaller states Like MS, Al, LA, etc.. all of those states will be disenfranchised.

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476619 posts
Posted on 7/13/23 at 8:50 am to
quote:

You know how to look it up.

I already looked up the applicable provision from the Constitution.

YOU brought up the 14A. Burden is on you to defend that position (or, hell, make an actual argument in the first place)
Posted by Jjdoc
Cali
Member since Mar 2016
55615 posts
Posted on 7/13/23 at 8:50 am to
quote:

This is Jj’s way of saying “I don’t know”


No Pank, this is my way of ending a conversation with a hack who is pro this and nothing is going to change his mind.


Legal scholars even agree.. Just look it up.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115373 posts
Posted on 7/13/23 at 8:50 am to
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:


state voters being denied their right to vote electors for candidate of their choosing because the selection is to be determined by the voters of other states. This is the equivalent of letting citizens of Nebraska vote for the governor of Massachusetts. shouldn't pass 14th amendment muster. also appears to be a violation of Article 1, Section 10.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476619 posts
Posted on 7/13/23 at 8:51 am to
quote:

Smaller states Like MS, Al, LA, etc.. all of those states will be disenfranchised.

Where does the "14th Amendment" address this?
Posted by Jjdoc
Cali
Member since Mar 2016
55615 posts
Posted on 7/13/23 at 8:52 am to
quote:

state voters being denied their right to vote electors for candidate of their choosing because the selection is to be determined by the voters of other states. This is the equivalent of letting citizens of Nebraska vote for the governor of Massachusetts. shouldn't pass 14th amendment muster. also appears to be a violation of Article 1, Section 10.



You are arguing with a leftist masquerading as a GOP moderate.

Posted by SirWinston
Say NO to War
Member since Jul 2014
104464 posts
Posted on 7/13/23 at 8:53 am to
quote:

YOU brought up the 14A. Burden is on you to defend that position (or, hell, make an actual argument in the first place)




Posted by DisplacedBuckeye
Member since Dec 2013
76732 posts
Posted on 7/13/23 at 8:54 am to
quote:

Jjobama

quote:

leftist masquerading




Posted by POTUS2024
Member since Nov 2022
20943 posts
Posted on 7/13/23 at 8:54 am to
Unconstitutional

The will of the People above the will of their agents.
Posted by dewster
Chicago
Member since Aug 2006
26608 posts
Posted on 7/13/23 at 8:55 am to
States have the constitutional authority to determine how their Electoral college casts their votes. But I am not sure about this.

This is a terrible idea. The people of Michigan may want one candidate, but because the national poplar vote went for the other candidate it won’t matter. And larger states like NY, CA, or TX would have far too much influence over Michigan’s electoral votes.

The electoral votes from that state should in some way reflect the will of the voters of that state.
This post was edited on 7/13/23 at 8:58 am
Posted by Jjdoc
Cali
Member since Mar 2016
55615 posts
Posted on 7/13/23 at 8:58 am to
quote:

States have the constitutional authority to determine how their Electoral college casts their votes. But I am not sure about this.


Not in this manner. It will be struck down.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476619 posts
Posted on 7/13/23 at 8:58 am to
quote:

also appears to be a violation of Article 1, Section 10.
.

quote:

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.


How?

Is your argument that all State compacts violate this provision?

quote:

state voters being denied their right to vote electors for candidate of their choosing because the selection is to be determined by the voters of other states.

They're going to be denied their ability to choose in some way by an electoral system. That's how elections work in a representative system. The point of the representative election system is to offer the potential to deny some sort of choice/representation for the individual (because one representative is chosen for a large population). The alternative is direct democracy, which none of us want.

quote:

shouldn't pass 14th amendment muster.


Which section?

The current USSC has stripped federal oversight/review of state election laws (while this term strengthening state overview of its own election laws via judicial review).
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
82335 posts
Posted on 7/13/23 at 9:01 am to
quote:

Not in this manner. It will be struck down.




I doubt it. I agree with SFP.
Posted by Warboo
Enterprise Alabama
Member since Sep 2018
5900 posts
Posted on 7/13/23 at 9:04 am to
quote:

State's rights


Here is the problem with that. Their "right" will infringe on voters rights in Michigan and in other states.
Posted by Fun Bunch
New Orleans
Member since May 2008
130242 posts
Posted on 7/13/23 at 9:06 am to
I've read a few articles and law review articles on the topic.

Its definitely a lot more grey than people want it to be.

I think THIS Court would find a way to strike it down if it actually came up.

Take one Conservative away and I'm not sure Roberts would have the backbone for it
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