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View Diary: Stop saying Republican electoral-vote rigging is constitutional. It's not. Here's why. (193 comments)

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  •  Nor do I (0+ / 0-)

    But aren't we one Repub presidency from getting a couple clones for him on board?

    The scary thing is that Scalia might indeed have a Constitutional case for his POV.

    The point mentioned above that if these schemes are illegal, so is the Maine and Nebraska CD allocation - which to my knowledge haven't been challenged.

    I'd like to think courts might rule against blatant gamemanship like this, but unfortunately this diary doesn't convince me.

    •  What effect does A14, Sec. 2 have on this? (0+ / 0-)

      "... the right to vote at any election for the choice of electors for President and" VP...

      Personally, I believe this, and the clear intent of the 14th's Framers that newly enfranchised black had the right to elect Republicans President, means Scalia is full of it.  Imagine if a Confederacy state simply eliminated popular vote of Electors knowing the white majoirty would elect enough white State legislators to ensure all EVs went to the white voter's candidate.  Is there a doubt the Radical Republican courts would have struck that as unconstitutional in violation of A14, Sec.2?  So why not also now?  

      You could also make an argument under a 'living' Art. 4, Sec.4 (Republican form of government clause) but that'd likely be a stretch for this SCOTUS.

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