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The Supreme Court Just Pointed Out the Absurdity of the Electoral College. It's Up to Us to End It


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https://www.yahoo.com/news/supreme-court-just-pointed-absurdity-150048185.html

 

Here’s one nice thing we can now say about the Electoral College: it’s slightly less harmful to our democracy than it was just days ago. In a 9-0 decision, the Supreme Court ruled that states have the right to “bind” their electors, requiring them to support whichever presidential candidate wins the popular vote in their state. Justice Elena Kagan’s opinion was a blow to so-called “faithless electors,” but a win for self-government. “Here,” she wrote, “the People rule.”

 

 

The Electoral College we have today isn’t the one in the original Constitution. Instead, it’s a product of the 12th Amendment – put in place after the 1800 contest between Jefferson and Burr

 

Edited by SlimShady'sSpaceForce
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Hmmmm, so basically nothing to see here?  Got it. 
 

In other news, the Supreme Court said that states have rights and that the electoral college is how we elect presidents, per the constitution. 

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24 minutes ago, dubs said:

Hmmmm, so basically nothing to see here?  Got it. 
 

In other news, the Supreme Court said that states have rights and that the electoral college is how we elect presidents, per the constitution. 

 

QFT.

 

 

 

Justice Elena Kagan wrote for the majority and makes reference to Ray at the very beginning of her governing opinion. This decision simply closes the loop from 1952:

Three Washington electors, Peter Chiafalo, Levi Guerra, and Esther John (the Electors), violated their pledges to support Hillary Clinton in the 2016 presidential election. In response, the State fined the Electors $1,000 apiece for breaking their pledges to support the same candidate its voters had. The Electors challenged their fines in state court, arguing that the Constitution gives members of the Electoral College the right to vote however they please. The Washington Superior Court rejected that claim, and the State Supreme Court affirmed, relying on Ray v. Blair, 343 U. S. 214. In Ray, this Court upheld a pledge requirement—though one without a penalty to back it up. Ray held that pledges were consistent with the Constitution’s text and our Nation’s history, id., at 225–230; but it reserved the question whether a State can enforce that requirement through legal sanctions.

Held: A State may enforce an elector’s pledge to support his party’s nominee—and the state voters’ choice—for President. Pp. 8–18.

Interestingly, Kagan takes a textual approach to the question. Counsel for the electors argued that the intent of the founders was to allow the Electoral College the discretion needed to choose the best candidate for president. Perhaps, Kagan wrote, but if that’s what they wanted, they should have written it into the constitution:

Nothing in the Constitution expressly prohibits States from taking away presidential electors’ voting discretion as Washington does. Article II includes only the instruction to each State to appoint electors, and the Twelfth Amendment only sets out the electors’ voting procedures. And while two contemporaneous State Constitutions incorporated language calling for the exercise of elector discretion, no language of that kind made it into the Federal Constitution. Contrary to the Electors’ argument, Article II’s use of the term “electors” and the Twelfth Amendment’s requirement that the electors “vote,” and that they do so “by ballot,” do not establish that electors must have discretion. The Electors and their amici object that the Framers using those words expected the Electors’ votes to reflect their own judgments. But even assuming that outlook was widely shared, it would not be enough. Whether by choice or accident, the Framers did not reduce their thoughts about electors’ discretion to the printed page.

True enough! Now … let’s do abortion and its “emanations” and “penumbras.” This seems like a great opportunity to revisit Roe based on this same explanation, no?

 

Kagan also points out that the decision in Ray showed that Electoral College practice was reliability rather than discretion, even in the earliest days. The only open question was that of punishment for faithlessness. Can states impose punishment for actions taken in the federal environs of the Electoral College? A power to appoint and to proscribe necessarily carries an authority to enforce, Kagan wrote

 

{snip}

 

 

This should have been an easy call, in other words, but the court made it harder than necessary. Perhaps this is why this opinion didn’t get issued until the end of the term; one might have expected a unanimous outcome to get issued ahead of the final couple of days.

 

Finally, there’s some reason to forgive any coverage that misses the technical distinction of today’s decision in light of Ray v Blair. The faithless elector question might have been settled in 1952, but without punishment, electors continued to try it. In practice, at least, the Supreme Court failed then to fully settle the issue.  Now that states can apply disincentives to faithlessness, we can likely expect much less of it in the future.

 

https://hotair.com/archives/ed-morrissey/2020/07/06/unanimous-scotus-electoral-college-keep-faith-else/

 

 

 

 

 

 

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40 minutes ago, BuffaloHokie13 said:

So nice it pasted twice. So I guess that kills the national popular vote interstate compact?

 

DOH

 

And to the public in general

 

 

Why do people focus on a duplicate CopyPaste? 

 

Does it take away from the Topic at hand?  

 

Or does it make you feel smart?  

 

As I interpreted it.  The Popular Vote overrules gerrymandered districts 

 

So yeah go ahead and attack the poster and not discuss the topic.  

 

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These “issues” are so stupid I feel bad for those pouring through yahoo news to find the latest talking points. 
 

it’s really simple: to change the process for electing a president the constitution will have to be amended. That requires 2/3 house, 2/3 senate, and 3/4 the state. 
 

start the process and let’s see what happens!

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The STATES elect the President. Period. That is all there is to it. If Hillary had won, a certain cross section of the population wouldn't even care about the electoral college...

Edited by Reality Check
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31 minutes ago, whatdrought said:

Number of faithless electors Trump benefitted from in ‘16 = number of IQ points on OP’s most recent testing.

 

Unless i'm losing my mind (possible!) then the real issue of the faithless electors was worry around them voting for Hillary in states that Trump carried, not the other way around?

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Funny, you braindead leftists weren't complaining about the Electoral College before the 2016 Election.

 

You people are nothing but a bunch of American-hating bed-wetting crybabies.

 

Get a life and worry about things that matter, like WORKING.

Edited by njbuff
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17 minutes ago, Reality Check said:

The STATES elect the President. Period. That is all there is to it. If Hillary had one, a certain cross section of the population wouldn't even care about the electoral college...

Whilst we are pointing out grammatical errors you made me smile.
Maybe we should ask Bill in the blue dress?

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37 minutes ago, SlimShady'sSpaceForce said:

 

DOH

 

And to the public in general

 

 

Why do people focus on a duplicate CopyPaste? 

 

Does it take away from the Topic at hand?  

 

Or does it make you feel smart?  

 

As I interpreted it.  The Popular Vote overrules gerrymandered districts 

 

So yeah go ahead and attack the poster and not discuss the topic.  

 

No matter how much soros pays you, it's way too much.

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1 hour ago, Reality Check said:

The STATES elect the President. Period. That is all there is to it. If Hillary had one, a certain cross section of the population wouldn't even care about the electoral college...

Nobody would've cared because she won the popular vote also.  I want the electoral college to stay because it's always been funny to me seeing the elitist candidates try and connect with the farmers in Iowa.

 

johndnicholsA2C00D98-BB75-668C-1A0C-EB92

 

Warning:  Disturbing photo

 

 

 

 

 

Zq9u7EQh.jpg

Edited by Doc Brown
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8 minutes ago, B-Man said:

 

I see it now, But it is waaaaaay too small.

 

Your eyes are just drawn to that abomination.

She'd bite the head off a bat if it would guarantee her the presidency.

6 minutes ago, leh-nerd skin-erd said:

I'll say this, she's clearly committed. 

Well, Vince Foster alone.

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1 hour ago, dorquemada said:

 

Unless i'm losing my mind (possible!) then the real issue of the faithless electors was worry around them voting for Hillary in states that Trump carried, not the other way around?

 

Actually, in Washington’s case, the three Electors voted for Colin Powell instead of Clinton in the hope that other electors would do something similar and throw the Electoral count out of whack. Then, they hoped, Congress was going to have to settle the election.  Nobody else did that. Their plan wasn’t very well thought out I suppose. So it is similar to your thought, but in a weird way of going about it. 

 

Some day, we are going to get enough States to approve the “Popular Vote Compact” and then a new challenge will go before the Court to see if that can actually be a substitute to amending the Constitution. If I read Justice Thomas’s  concurring opinion right, it looks like that’s where the future argument might have legs in support of the “Compact”.  I don’t know if that’s what he intended, but he basically said States can do what they want. 

 

 

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You clowns do know the Donald J Trump was against the EC right?  

 

Mar 20, 2019 - President Trump, who once called the electoral college “a disaster for a democracy,” ... Elizabeth Warren wants to abolish the electoral college. ... in Kentucky in long-shot bid against Senate Majority Leader Mitch McConnell.
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1 hour ago, dorquemada said:

 

Unless i'm losing my mind (possible!) then the real issue of the faithless electors was worry around them voting for Hillary in states that Trump carried, not the other way around?


 

Yep. There was a huge push by Democrats and never-trumper Republicans to get electors to jump ship and choose anyone but trump. Ironic that the left is so good at worrying about cheating when their cheating plots don’t work.

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18 minutes ago, SlimShady'sSpaceForce said:

 

You clowns do know the Donald J Trump was against the EC right?  

 

 

 

Yes, it is common knowledge.

 

 

It was one, of the many things, that he is wrong about.

 

 

But he still has The U.S. moving in the right direction.

 

 

 

 

 

 

 

Edited by B-Man
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15 minutes ago, SlimShady'sSpaceForce said:

You clowns do know the Donald J Trump was against the EC right?  

 

Mar 20, 2019 - President Trump, who once called the electoral college “a disaster for a democracy,” ... Elizabeth Warren wants to abolish the electoral college. ... in Kentucky in long-shot bid against Senate Majority Leader Mitch McConnell.


I know it’s hard to understand, but the world doesn’t boil down to a yes or no on Trump. 
 

he was wrong about that then and if he still thinks that, he’s wrong about it now. 
 

again, if you and your minions want to do away with the EC, amend the constitution. It’s really that simple. Good luck. 

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15 minutes ago, SlimShady'sSpaceForce said:

You clowns do know the Donald J Trump was against the EC right?  

 

Mar 20, 2019 - President Trump, who once called the electoral college “a disaster for a democracy,” ... Elizabeth Warren wants to abolish the electoral college. ... in Kentucky in long-shot bid against Senate Majority Leader Mitch McConnell.

Trump was wrong, believe it or not I can disagree with him and still vote for him. I know the lack of purity test is confusing but I pick the best person overall. 

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23 minutes ago, SlimShady'sSpaceForce said:

You clowns do know the Donald J Trump was against the EC right?  

 

Mar 20, 2019 - President Trump, who once called the electoral college “a disaster for a democracy,” ... Elizabeth Warren wants to abolish the electoral college. ... in Kentucky in long-shot bid against Senate Majority Leader Mitch McConnell.

It WOULD be a disaster for a democracy.  Good thing we're not a democracy.  Seems to work perfectly for a representative republic, though!

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5 minutes ago, SlimShady'sSpaceForce said:

Is he now?

 

130 thousand dead, the heartland is breaking records in infections every day 7 months into a pandemic. 

Hows the unemployment rate doing? 
 

Great job Don.   Great job just great ?? 

 

Do you really think a different POTUS would have these things looking any different at this point?  

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If and when Texas goes Democrat the EC would favor my side so I am in favor of keeping it and using it to the fullest! 

 

That and adding ding two more states, DC and PR. 

 

Cuba? 

22 minutes ago, SlimShady'sSpaceForce said:

Is he now?

 

130 thousand dead, the heartland is breaking records in infections every day 7 months into a pandemic. 

Hows the unemployment rate doing? 
 

Great job Don.   Great job just great ?? 

It’s like he isn’t really president, it’s more like he’s some dirty scum bag that sits around the WH tweeting but not doing the job, unless he can get on tv 

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3 minutes ago, Winston Zeddemore said:

 

Based on the options available in 2016, had the other candidate won we would have been in two, if not three, new wars within her first 24 months. Covid wouldn't be a thing, because a lot more people would be dead, and the ones left alive wouldn't have time to give a rat's ass about a bug from which over 99% of people recover. 

Lol 

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4 minutes ago, Winston Zeddemore said:

 

Based on the options available in 2016, had the other candidate won we would have been in two, if not three, new wars within her first 24 months. Covid wouldn't be a thing, because a lot more people would be dead, and the ones left alive wouldn't have time to give a rat's ass about a bug from which over 99% of people recover. 

 

Living proof that the left doesn't have a monopoly on gibberish.  The have perfected it they just don't have a monopoly. 

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27 minutes ago, SlimShady'sSpaceForce said:

Is he now?

 

130 thousand dead, the heartland is breaking records in infections every day 7 months into a pandemic. 

Hows the unemployment rate doing? 
 

Great job Don.   Great job just great ?? 

Aren't we right on par with total deaths at this point last year? Does he get credit for lowering non- Chinese Flu deaths?

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54 minutes ago, SlimShady'sSpaceForce said:

You clowns do know the Donald J Trump was against the EC right?  

 

Mar 20, 2019 - President Trump, who once called the electoral college “a disaster for a democracy,” ... Elizabeth Warren wants to abolish the electoral college. ... in Kentucky in long-shot bid against Senate Majority Leader Mitch McConnell.

 

He wasn't wrong, the Electoral College is a 'disaster for democracy.'

 

Thankfully, we don't live in a democracy.

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