Flopper
Diamond Member
There is no reason to expect the court will overturn the law. In fact, there is no reason to expect that they would even hear the case. To think that the founder's intent was to allow a state legislature to change the ground rules for a federal election after the election is held is absurd. Since the constitution does not allow congress to pass ex post facto laws and essential every state forbids them there is no reason expect a court would allow it.It has often been claimed that a state legislature can chose electors in any manner it choses. That is true but it'sthe 12th amendment requires election for president.The supreme court can overturn any law deemed not lawful or that interfered with constitutional rights.E - none of the above.
The several states will certify their results in the next few weeks and name their electors, those electors will vote on December 14, and that will be that. Same as any other election.
Rump of course will fire off petulant twits about how the Electoral College is "a disaster for a democracy" and they're all "losers" and proceed to melt into a corner sucking his thumb, rocking and making moaning noises for the next month. With any luck it will be live-streamed.
What makes you think republican [sic] state legislatures wont choose different electors?
The two party system has no real power under law
They can't. So says existing state laws.
It ain't a question of "the two party system". It's how the states handle the election, by their state's OWN LAW.
You're actually suggesting they're going to convene next week and try to change those laws??
Oh yeah that'll go over bigly.
The Constitution (of the US) doesn't even *REQUIRE* an election, Dumbass.
Legal Provisions Relevant to the Electoral College Process
The Electoral College website now has an easy-to-remember address. Make sure to update your bookmarks! THE CONSTITUTION Article II Section 1. The executive Power shall be vested in a President of the United States of America.www.archives.gov
also citizens are guaranteed right to vote by 15th amendment, 19th amendment,. 24th and 26th.
BULLSHIT.
Article 2, QUOTE:
>> Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an Office of Trust or Profit under the United States shall be appointed an Elector. <<
"Such Manner as the Legislature thereof may direct" is currently holding an election day and then translating that to the EC. But it could be throwing darts at pictures of candidates, drawing names from a hat, rolling dice, whatever. It could be, and has been, state legs appointing electors but that hasn't been done since before the Civil War.
only true if the manner of selecting electors is set by the state law prior to the election. The state legislature can not change the manner of selection after the vote. Congress’s enactment of a Uniform National Election Day Act that prohibits the choice of electors from being made based on elections held or laws passed after Election Day. In other words, a state legislature that isn't happy with the election results can't appoint it's own slate of electors to override the vote of the people. If a state legislature wants to do this, it must be specified in state law before the election.
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No, State Legislatures Cannot Overrule the Popular Vote
Trump supporters' idea of state Legislatures' picking electors to overrule Americans' votes in Pennsylvania or elsewhere is a complete non-starter.www.justsecurity.org
There is no reason to think that's constitutional.
Certainly no reason to think a 2020 court would agree. Constiution is very brief and clear on this issue. Congress have very specifically mandated powers, mostly to set dates for things. Not overly broad powers about setting dates for the end of election law changes. That wasn't in there.
It's only a few paragraphs....WHy you think congress can just willy nilly interject itself legally I don't know. That won't be the opinion of hte highest court in the land.
Interpretation: Elections Clause | Constitution Center
Interpretations of Elections Clause by constitutional scholars
constitutioncenter.org