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

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  •  i would argue it's not (0+ / 0-)

    there is a power given to state legislatures to direct the manner in which electors are appointed, in Article II.  However, if the race goes to the House of Representatives, the votes are by states as blocs. That arguably expresses the intent of the framers that states should vote as one.  The Article II power is more about setting voting precincts, rules for ballot access, and administrative stuff like that.  

    Then there is the 14th amendment, which changes the federal/state balance.  It first of all should require a revisit of these apparently racially gerrymandered districts, but I think states have a little more latitude in setting congressional boundaries because there's never a way to make them exactly equal.  The problem is solvable for state-wide elections by ignoring district boundaries for the purpose of electing Presidents.  At minimum, awarding the extra two electoral votes to the winners of certain districts amplifies those votes impermissibly and would violate 1p1v.  

    You're right to single out the symbolic aspects -- this won't happen because these knuckleheads think they can deliver all 13 EVs to a Republican in 2016.

    Difficult, difficult, lemon difficult.

    by Loge on Sat Jan 26, 2013 at 11:55:30 AM PST

    [ Parent ]

    •  sorry, electoral college is example of federalism (0+ / 0-)

      which is why it is up to state legislature to decide how to award electors.  And no one has ever successfully challenged what Maine and Nebraska have done for years, although the only recorded split is that of NE-02 for Obama in 2008

      "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 03:27:06 PM PST

      [ Parent ]

      •  yes, it's 50 state elections (0+ / 0-)

        which is why the 14th amendment arguments are stronger.  in a way, the "in such a manner as the legislature thereof may direct" isn't really a creation of a right in state legislatures, but an acknowledgment of an existing power, but one that the Equal Protection clause limits.  The argument from  federalist structure, however, cuts against states splitting votes.  It's certainly what the framers expected at the time of ratification, and "a Number of Electors" can be interpreted as a "single slate," though it's unclear.  At minimum, it's not cut and dried, and if a court were inclined to strike the Virginia plan, it could hang its hat on something.  

        There's no standing for anyone to challenge the Maine/Nebraska split -- you'd need one of those to be number 270 / 268.

        Difficult, difficult, lemon difficult.

        by Loge on Sat Jan 26, 2013 at 04:09:06 PM PST

        [ Parent ]

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