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

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  •  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 ]

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