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!!! TPTB do not have to allow the sheeple voting on the Pres/VP. and it would be constitutional ???
User ID: 1463643
09/16/2011 12:08 PM
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Itís perfectly Constitutional for states to award their electoral votes through the state legislature without taking a popular vote at all.
Nate Silver of Five Thirty-Eight talks about it in his latest Blog post
[link to fivethirtyeight.blogs.nytimes.com]
(The Below adheres to both the DMCA and the 50% rule)
It would be one thing if all states adopted the same method, some of which could have advantages to the current approach, and which are sometimes favored by political scientists and good-government advocates.
But what youíd probably wind up with instead is a patchwork of procedures for awarding electoral votes: some states would retain the current winner-take-all method, but some would use the congressional district split. Some might divide their votes proportionately, or use other hybrid approaches. And the method could change each time that the state government changed hands.
Itís perfectly Constitutional, for that matter, for states to award their electoral votes through the state legislature, as many states did in the early years of the Republic, without taking a popular vote at all. If Republicans want to all but guarantee that they win the presidency next year, there is nothing stopping them. They control the state governments in 21 states totaling 242 electoral votes. All they need to do is have their state legislatures pick Republican electors in those states, and then for their candidate to win by popular vote in Alaska, Arkansas, Kentucky, Mississippi and West Virginia, which would get him to 270 electoral votes.
That, of course, is an extreme and unlikely example. But the Pennsylvania play would undermine the integrity the Electoral College, which is already fairly unpopular.
(End of Snippet)
The US Constitution allows for a lot of leeway on how EV are assigned. Let us look at the parts that are involved.
Article II section 1. Para 2,3,4 as amended by both Amendment 12 and 20. (text in italics is the superseded text, and underlined is the the amended, note that some is in both conditions)
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.
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; -- the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; -- The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. (And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President.) (If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.) The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
formerly Magmatard 26
|Sol-Magmatard 26 (OP)|
User ID: 1463643
09/16/2011 01:08 PM
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