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Ancient Gaseous Emanation
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RICK MORAN
AUGUST 22, 2019


The 10th Circuit Court of Appeals in Denver issued a ruling that may be the beginning of the end for the Electoral College.

At issue was faithless electors -- presidential electors who refused to cast their vote in the Electoral College for the winner of the state's popular vote. Colorado state law gave the secretary of state the right to replace the electors.

But the appeals court said otherwise.

Colorado Sun:

“Secretary Williams impermissibly interfered with Mr. Baca’s exercise of his right to vote as a presidential elector,” the court said in a 125-page opinion written by U.S. Circuit Court Judge Carolyn Baldwin McHugh. “Specifically, Secretary Williams acted unconstitutionally by removing Mr. Baca and nullifying his vote for failing to comply with the vote-binding provision.”The court added that the Constitution provides “presidential electors the right to cast a vote for president and vice president with discretion. And the state does not possess countervailing authority to remove an elector and to cancel his vote in response to the exercise of that Constitutional right.”

Colorado Secretary of State Jena Griswold told The Colorado Sun on Wednesday that the ruling “sets an extremely dangerous precedent that would enable a few people to override the majority of Colorado votes.”​

The "winner take all" philosophy of the Electoral College -- where a candidate receives all of the state's electoral votes based on the outcome of the popular vote in the state -- has meant an orderly transfer of power from one person or party to another for 230 years. It's not hard to imagine the chaos that would ensue in a close election if some electors could conspire to deny a candidate an Electoral College majority by voting for other candidates.

If you recall, that's what happened in 2016.

Politico from November, 2016:

But the Democratic electors are convinced that even in defeat, their efforts would erode confidence in the Electoral College and fuel efforts to eliminate it, ending the body’s 228-year run as the only official constitutional process for electing the president. With that goal in mind, the group is also contemplating encouraging Democratic electors to oppose Hillary Clinton and partner with Republicans in support of a consensus pick like Mitt Romney or John Kasich.The underlying idea is that a mass defection of electors could provide the impetus for a wave of changes to the Electoral College.​

Those electors in 2016 were not "voting their conscience." They were part of a cabal to deny Trump the presidency. The court's decision gives encouragement to further mischief by electors who might not like the Democrat's choice next time.

But as part of the Democrats' effort to destroy the Electoral College, the way forward seems clear. Overturning state laws that bind electors to vote for the winner of the state's popular vote is a huge first step. That's because all it will take is one contested election where the race is thrown into the House of Representatives for the country to be panicked into scrapping the institution altogether.

Chaos does not befit a democratic republic. But it's the answer to a prayer for revolutionaries. There is nothing that would suit the radicals in the Democratic Party more than every election devolving into a chaotic mess where the courts would have the final say.

And 230 years of precedent and traditiin are tossed on the dustbin of history.




https://pjmedia.com/trending/court-decision-imperils-the-electoral-college/
 

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yes I think that letting the coastal states decide who the president is or the popular vote to decide it is a great idea. Let’s get this bullshit over with and skip right to revolution. Everything they do to undermine the systems and laws of this country push us closer.
 

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yes I think that letting the coastal states decide who the president is or the popular vote to decide it is a great idea. Let’s get this bullshit over with and skip right to revolution. Everything they do to undermine the systems and laws of this country push us closer.
I disagreed! I we allow the coastal states determine the outcome of the presidential elections, you will never see a GOP candidate win again! The reason: the Communist Socialist doctrine can not allow opponents, so, once they are in power, they will do anything, and I mean anything, needed to stay in power, that would include cheating on the elections, false ballots, misguide propaganda, and even assassinations to prevent the other side from winning.

So, beware of what you wish for.................................................
 

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AZHerper
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Presently 30 States and DC have laws biding electors to the nominee of the party prevailing in the General election within that State. However. the Constitutionality of these laws has been challenged because there is nothing in the Constitution that binds electors in that manner.
 

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UM we are a republic are we not? The electoral do not have to listen to the popular vote of the state when deciding who is president and vice president. Which is why they can not have the threat of removal from office if they do go against the state wishes.
 

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UM we are a republic are we not? The electoral do not have to listen to the popular vote of the state when deciding who is president and vice president. Which is why they can not have the threat of removal from office if they do go against the state wishes.
Huh? The electoral? Where do you get the idea that they can't be removed?
 

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But is there anything in the Constitution that forbids it? If the Constitution does not say yes or no, then it is up to the states.
Article II (Executive) Section 1

1: The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows

2: 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.

3: The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President,...(snip)

I believe the highlighted text is what the Left is hanging their hats on. They make their electors pledge to go with the majority. However IMHO, that would seem to be violate the 4thA.

Article IV (States' Relations)
Section 4The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.


Ruling via "majority rule" is not 'a Republican Form of Government." Another windmill to tilt.
 

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Article II (Executive) Section 1

1: The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows

2: 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.

3: The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President,...(snip)

I believe the highlighted text is what the Left is hanging their hats on. They make their electors pledge to go with the majority. However IMHO, that would seem to be violate the 4thA.

Article IV (States' Relations)
Section 4

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.


Ruling via "majority rule" is not 'a Republican Form of Government." Another windmill to tilt.

It's not clear what side of the argument you're defending or arguing against. You correctly quote the Constitution to demonstrate that it is up to the States to determine for themselves, with zero review by the Federal Court or Supreme Court, to determine how their electors are appointed - which also means unappointed.

Then your last statement seems to imply that they can't be required to vote the will of the majority. Your Article IV quote has zero to do with your Article II quote. Having the electors vote the majority does not mean majority rules.

A republican form of government simply means:
What is a Republican Government?The government of Rome was called a republican government. The Founders read that republican government was one in which:
  • The power of government is held by the people.
  • The people give power to leaders they elect to represent them and serve their interests.
  • The representatives are responsible for helping all the people in the country, not just a few people.
The republican government is not changed by requiring the electors to vote the will of the people of the State rather than the will of a political party.
 

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"2: 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:...

Although the appointment is "in such a manner of the Legislation there of may direct" to my reading means they control who and how they are appointed, not how they vote.

The quote of Article lV, Section 4, is to point out that lacking a stated authority to direct the outcome of the vote, the act is un-constitutional, IMHO. A "Republican form of government" is representative of the proportionate of the population, NOT majority rules, and then only in compliance with the Constitution.
 
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