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Did I read that the Supreme Court (Original Post) yuiyoshida Jul 2020 OP
SCOTUS can't rule that the Constitution is unconstitutional Silent3 Jul 2020 #1
Here yuiyoshida Jul 2020 #3
That article agrees with what I said Silent3 Jul 2020 #4
They didn't rule against the Electoral College; they can't abolish it - because The Velveteen Ocelot Jul 2020 #2
Question for those with a better understanding than I re: EC rules.... IowaGuy Jul 2020 #5
I have had that same understanding rurallib Jul 2020 #6
There are different ways for the Electoral College is picked marie999 Jul 2020 #7

Silent3

(15,020 posts)
1. SCOTUS can't rule that the Constitution is unconstitutional
Tue Jul 7, 2020, 12:04 PM
Jul 2020

They simply decided in a recent cast that a state can legally require its electors to vote as they've been told to vote by the state's electoral process.

Some people see in the consequences of this decision a step toward abolishing, or negating the effect of, the Electoral College, but the Electoral College is here to stay until constitutional amendment says otherwise.

Silent3

(15,020 posts)
4. That article agrees with what I said
Tue Jul 7, 2020, 12:24 PM
Jul 2020

Emphasis mine: "On Monday, the Supreme Court handed down a decision that removes one threat posed by the college — but also highlights the institution’s absurdity and should be a step toward scrapping it entirely."

We'd still need a constitutional amendment to fully eliminate the Electoral College, which can't be done via a SCOTUS decision, or for more states to sign onto the pledge to give their electoral votes to the winner of the national majority (which effectively neutralizes the Electoral College without formally abolishing it), but that can't be accomplished merely by a SCOTUS decision either.

The Velveteen Ocelot

(115,280 posts)
2. They didn't rule against the Electoral College; they can't abolish it - because
Tue Jul 7, 2020, 12:09 PM
Jul 2020

it's in the Constitution. What they did do is hold that states can punish "faithless electors," that is, members of the EC who don't vote in accordance with the way the state voted. What it means is that it is now less likely that a close election could be decided by electors who don't vote in accordance with their state's popular vote.

IowaGuy

(776 posts)
5. Question for those with a better understanding than I re: EC rules....
Tue Jul 7, 2020, 01:05 PM
Jul 2020

Isn't it actually the state legislatures that certify the electors? Assuming that's true, could not a legislature dominated by one party choose electors from their own party even if the populace chose by popular vote the candidate from another party? I know states have shifted the choice to the populace as a custom now, but is that universally enshrined within state constitutions? Could a legislature take back that power?

rurallib

(62,346 posts)
6. I have had that same understanding
Tue Jul 7, 2020, 01:11 PM
Jul 2020

Thought I would post here to see if someone answers. i am curious also

 

marie999

(3,334 posts)
7. There are different ways for the Electoral College is picked
Tue Jul 7, 2020, 01:13 PM
Jul 2020

but it is the party with the most votes that pick them. The best article to read is Taegan Goddard's "Electoral Vote Map How Are Electors Chosen" It tells how electors are chosen in each state.

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