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re: SCOTUS Rules 9-0 States Can Bind Faithless Electors

Posted on 7/6/20 at 10:07 am to
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
49042 posts
Posted on 7/6/20 at 10:07 am to
quote:

Also a win for those pushing the popular vote compact. An elector can now be compelled, under pain of penalty, to vote for someone who doesn't win their state.

A state legislature can now basically compel electors to vote for whoever the legislature wants.



No this isn't what the ruling means at all. You are confused.
Posted by notsince98
KC, MO
Member since Oct 2012
18081 posts
Posted on 7/6/20 at 10:34 am to
You do realize that the electoral college is established by the Constitution of the United States and not the states, right? For states to try and do the "popular vote" change requires a federal constitution change. A state can't just do that on their own.
Posted by DeusVultMachina
Member since Jul 2017
4245 posts
Posted on 7/6/20 at 10:41 am to
quote:

You do realize that the electoral college is established by the Constitution of the United States and not the states, right? For states to try and do the "popular vote" change requires a federal constitution change. A state can't just do that on their own.


Correct, and states may not enter into compacts with other states either.
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
42857 posts
Posted on 7/6/20 at 10:58 am to
quote:

A state could just as easily change their laws to say that "The electors of Tennessee will be bound to the candidate that the voters from the state of California chose."

And it'd have to stick?


This is essentially what the compact wants - as always they hide the true intent behind a barrage of word salad.
Posted by CU_Tigers4life
Georgia
Member since Aug 2013
7537 posts
Posted on 7/6/20 at 11:08 am to
quote:

quote:
Can Bind Faithless Electors


Word should be MUST or it means nothing.



What would have been devastating is if SCOTUS would have said Faithless Voters can vote as the please and the State couldn't intervene.

This was a win for the Electoral College
Posted by Swamp Angel
Georgia
Member since Jul 2004
7315 posts
Posted on 7/6/20 at 11:20 am to
quote:

you can't give states broad powers and then take it back when they use those powers in a way you don't like



There's a slight problem with this way of thinking. The Federal government doesn't give the states ANY powers. The states are the ones who give the federal government power (at least constitutionally that's how it's supposed to work.) Of course, the federal government doesn't exactly have a good track record of following the Constitution for quite some time now.
Posted by Indefatigable
Member since Jan 2019
26656 posts
Posted on 7/6/20 at 11:24 am to
quote:

SCOTUS Rules 9-0 States Can Bind Faithless Electors


This is the operative word here, and really changes nothing because it simply allows the states to do as they please.

The Popular Vote Compact effort will trudge along until they attempt to use it to impact the results of an election before SCOTUS has the opportunity to put it to rest completely.
Posted by Indefatigable
Member since Jan 2019
26656 posts
Posted on 7/6/20 at 11:24 am to
quote:

An elector can now be compelled, under pain of penalty, to vote for someone who doesn't win their state.


I am not sure about that.
Posted by Indefatigable
Member since Jan 2019
26656 posts
Posted on 7/6/20 at 11:28 am to
quote:

tates who want the compact will just change their laws to say the candidate who wins the national popular vote wins the state


I agree with you, just don't see how that gets past Term Limits v. Thorton when the time comes.

Posted by HubbaBubba
F_uck Joe Biden, TX
Member since Oct 2010
45858 posts
Posted on 7/6/20 at 11:32 am to
quote:

states who want the compact will just change their laws to say the candidate who wins the national popular vote wins the state
quote:

That literally makes no sense.

A state could just as easily change their laws to say that "The electors of Tennessee will be bound to the candidate that the voters from the state of California chose."

And it'd have to stick?
If that's the case, then a state could pick and choose laws from other states, such as,

"The citizens of Texas will be bound by the gun laws of the State of New York."

Right. Doesn't work that way.
Posted by Floyd Dawg
Silver Creek, GA
Member since Jul 2018
3953 posts
Posted on 7/6/20 at 11:43 am to
quote:

winner takes all disenfranchises voters of the state as well


No it doesn't. That's how elections are contested. One side wins and the other side loses.

So I'm disenfranchised in GA if I voted for Stacy Abrams because she lost her bid for governor?!? Asinine reasoning there.
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