Skip to main content

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

Comment Preferences

  •  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 ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site