Skip to main content

View Diary: an Obama voter as 3/5 of a person (113 comments)

Comment Preferences

  •  What about an equal protection argument? (0+ / 0-)

    It's been over three decades since I've taken a constitutional law course, and I never did any legal work focused on election rights, but it seems to me the equal protection clause could provide a potential basis for challenging the gerrymandering of the Electoral College. Especially since, as you point out, the net effect of such legislation – probably in all the states where it is being proposed – would be to elevate the votes of rural, white, conservative voters above those of urban, brown, liberal voters.

    That being said, I freely admit my ignorance on matters of election law, and I know you've been a lot closer to it in your teaching about American government. I saw where you stated below that this doesn't violate equal protection, and I'd love to get more information about why that is.

    "These are not candidates. These are the empty stand-ins for lobbyists' policies to be legislated later." - Chimpy, 9/24/10

    by NWTerriD on Sat Jan 26, 2013 at 09:56:22 AM PST

    [ Parent ]

    •  would not apply (0+ / 0-)

      because if the Congressional districts are constitutional - and gerrymandering for political purposes has been upheld, then assigning electoral votes by congressional district would also be constitutional.

      What might not be constitutional is the idea of awarding the two electors equivalent to the senators not on the basis of the winner of the state wide popular vote but on the basis of who wins the most congressional districts.  The Supreme Court has ruled that all legislative districts must have equal numbers of people except for the United State Senators who represent entire states, and thus states can be of different populations but have equal representation.  By that logic, apportioning two electors by statewide popular vote winner would be constitutional, but awarding them based on winners of congressional districts might well be subject to being rejected as unconstitutional.

      remember, I am not a lawyer nor did I sleep at a Holiday Inn Express last night.

      I have taught this stuff for a number of years in college level courses to high school students, for whatever that is worth.  And with a mother who was a brilliant lawyer I grew up reading appellate court opinions (including decents) from both the NY State Court of Appeals and the US Supreme  Court.

      "We didn't set out to save the world; we set out to wonder how other people are doing and to reflect on how our actions affect other people's hearts." - Pema Chodron

      by teacherken on Sat Jan 26, 2013 at 03:25:25 PM PST

      [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site