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In reply to the discussion: Obama/Dems won the battle but Repubs are winning the war.... [View all]davidn3600
(6,342 posts)25. Two states already divide up their electoral votes...the courts have no say in it
Nebraska and Maine divide their EVs up by congressional district.
So that's 100% legal. Article II, Section I states that each state's legislature can decide how the electors are chosen for the electoral college.
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:
Voting Rights Act is meaningless in this instance since the Constitution supersedes it. You actually do not have a right to vote for President of the United States. If you search that document, you won't find it anywhere. It's your state's laws that tie it's electoral votes to your vote. In America, we vote for President by proxy. He is not directly elected by the people, he's elected by the states...or more specifically he's elected by the electoral college.
The only real possible legal challenge I can imagine would maybe be concerning the ban on pacts. The Constitution forbids states from entering into pacts with each other....unless it has approval of congress. The motive here is to prevent states from conspiring against each other. Maybe you can make the argument that the GOP has a organized effort to string enough states together to rig the electoral college. Maybe you can claim that's a pact or a conspiracy. But that kind of challenge would end up in the Supreme Court, and who knows how that would turn out.
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if u live in a blue state where repubs control the legislature you better get busy and
msongs
Jan 2013
#6
Two states already divide up their electoral votes...the courts have no say in it
davidn3600
Jan 2013
#25
Raising holy hell is a good start....education matters,,,,if these states are allowed to bail on
Rowdyboy
Jan 2013
#20
We've got a 2014 election coming most repub govenors are vulnerable if we can elect dems we reverse
trublu992
Jan 2013
#17
yeah, Mitten's made a last minute attempt to get Northern Maine's single EV
magical thyme
Jan 2013
#42
All Obama has to do is start a program to get America working again. He does this and the Dems will
DogPawsBiscuitsNGrav
Jan 2013
#22
IMO it's the other way around. Repugs win a battle (gerrymander an election) now and then but
Raine
Jan 2013
#23
kr. and the other thing is state & local policy -- which is noticeably going rightward. that's
HiPointDem
Jan 2013
#24
i'd disagree. what i am seeing where i live is a longer-term trend, & it's backed by grassroots
HiPointDem
Jan 2013
#28
I disagree with all of this. Hillary45 already has it clinched.Constant don't remain Constant
graham4anything
Jan 2013
#27