Eliminate the Electoral College

[GePap]

And then democrats introduce such measures in all southern states, florida, Ohio, Pennsylvania, and all western states.

And if republicans oppose it in any state, we call them undemocratic, and then have a reason not to move in our blue states.

That's how it works.

[Ned]

Just checked. The Colorado initiative was placed on the ballot by the Sec. of State after certifying a petition signed by enough people. This is NOT the act of Colorado's legislature. Lawsuits are already on file challenging the constitutionality of the initiative.

[Ned]

Originally posted by GePap
And then democrats introduce such measures in all southern states, florida, Ohio, Pennsylvania, and all western states.

And if republicans oppose it in any state, we call them undemocratic, and then have a reason not to move in our blue states.

That's how it works.

Hah! We defend by accusing the Democrats of being against States Rights, which is TRUE.

The measures don't pass in the Red states, but do pass in the Blue states, and the rest is history.

[GePap]

Originally posted by Ned


True. But typically referrenda are allowed by the State's constitution, not by the State Legislature. I am not sure how the particular Colorado issue got on the ballot.

State legislatures' powers are based on the state constitution-if the consititution says referendums can make law, there you go.

[Ned]

Originally posted by GePap


State legislatures' powers are based on the state constitution-if the consititution says referendums can make law, there you go.

Interesting argument. But I sincerely doubt the Supremes would uphold it. The US Constitution cannot be overridden by State constitutions.

[chequita guevara]

The U.S. Constitution says that distribution of electoral votes is up to the states.

[Ned]

Originally posted by chegitz guevara
The U.S. Constitution says that distribution of electoral votes is up to the states.

"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."

[GePap]

Yes, and the state legislature is the one body able to ammend the state constitution. Hence, if the State legislature writes into the state constitution the power to create or change state laws by referendums, then doing so was done in a manner laid down by the State legislature.

[Ned]

Originally posted by GePap
Yes, and the state legislature is the one body able to ammend the state constitution. Hence, if the State legislature writes into the state constitution the power to create or change state laws by referendums, then doing so was done in a manner laid down by the State legislature.

Funny.

I repeat, State Constitutions cannot direct a how the state allocates electors, nor can a referendum authorized by the State Constitution. I do agree, however, that had the Legislature authorized the referendum, that would be OK.

[GePap]

The Constitution says the State legislature gets to decide. The state legislature has the power to set how state laws are made and can change the constitution-hence the State legislature can do with its own power as it whishes-if that means giving it to the people by ballot measure, then fine.

[chequita guevara]

You raise a valid point, and a strict interpretation of the Constitution might lead to the Colorado initiative being tossed out. I think, however, that given that the legistlatures write the constitutions and specify their manner of approval, they can be considered acts of the legislature.

[Imran Siddiqui]

State Constitutions cannot direct a how the state allocates electors

Um... yes they can. Who do you think votes for changing the State Constitution? In every state, it is the Legislature at the forefront. Which makes it no different than the legislature's voting for the referendum as a law.

I know of no state which allows a change in Constitution without consulting the legislature first.

[Ned]

Che, even if this were true, I hardly think the Supremes would conclude that by creating a constitutional process for a people's referendum generally means that the State Legislature had delegated to the people the right to determine how the electors should be apportioned. That is a major stretch.

[GePap]

Originally posted by chegitz guevara
You raise a valid point, and a strict interpretation of the Constitution might lead to the Colorado initiative being tossed out. I think, however, that given that the legistlatures write the constitutions and specify their manner of approval, they can be considered acts of the legislature.

Ah, NO, a stupid view of the Constitution would- the State legislature in Colorado obviously had the power to nix this referensum-it did not-it surrendered its power. That was their decision.

[Ned]

Originally posted by GePap


Ah, NO, a stupid view of the Constitution would- the State legislature in Colorado obviously had the power to nix this referensum-it did not-it surrendered its power. That was their decision.

Oh what a stretch this is.