Supreme Court says states can punish Electoral College voters

Discussion in 'Political Opinions & Beliefs' started by Booman, Jul 6, 2020.

  1. Booman

    Booman Banned

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    https://www.cnn.com/2020/07/06/politics/faithless-electors-supreme-court/index.html

    And by unanimous decision. Time to move on. The electoral college is here to stay.
     
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  2. TOG 6

    TOG 6 Well-Known Member

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    9-0.
    And the left will -still- complain.
     
  3. 61falcon

    61falcon Well-Known Member

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    They were not voting on the viability of the electoral college, they were voting on the political hack electors being forced to vote in the candidate that the majority in their state elected.
     
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  4. TOG 6

    TOG 6 Well-Known Member

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    ... because the validity cannot be questioned.
     
  5. drluggit

    drluggit Well-Known Member

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  6. Booman

    Booman Banned

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    Yes, we know. They made the right decision.
     
  7. Booman

    Booman Banned

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    Or they'll protest and destroy some more statues, call Trump a racist etc...
     
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  8. struth

    struth Well-Known Member

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    no they are allowed to do that. The State legislatures decide how the electors are counted. what happened here is dems were attempting to get electors to violate state laws that required electors to vote a certain way
     
  9. perotista

    perotista Well-Known Member Past Donor

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    It always has been unless there is a Constitutional Amendment doing away with it. The original intent of the framers was to give the electors free will in casting their vote. This can be seen in the papers they left behind. Although the framers never made that part of the Constitution, giving state legislatures the authority, power to appoint electors in any manner they deem. So it seems the SCOTUS has ruled the power to appoint and tell electors how they will vote is one and the same. No faithless elector has come close to ever changing an outcome of an election, apparently none will from this point in time onward.

    I don't see it as any big deal. Especially when the framers did their thing, very few states held a popular vote. The state legislatures award the electoral votes as then so deemed or chose. It wasn't until after the civil war that all states went to the popular vote. What is good about the ruling is they left Maine and Nebraska alone. Their state legislature choose to award their electoral votes via congressional districts. So states still can change from a winner take all to at least congressional district method if they so choose to do so. That's still leaving the appointment and the awarding of the electoral votes up to the state legislature.

    Apparently, if any state wishes not to pass a law punishing, using your word, or negating an elector's vote in contrary to the popular vote, that also is still Constitutional. That is at the discretion of the the state legislatures. As I understand it anyway. So we may still have faithless electors depending on state law.
     
  10. ECA

    ECA Well-Known Member

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    I understand the need for electoral college but still sucks for someone like me as my (presidential) vote never matters in the state I live in.
     
  11. AmericanNationalist

    AmericanNationalist Well-Known Member

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    In other words, if Trump wins States(and duh, wins the election), the states can punish them for not obeying the laws of the election.
     
  12. Longshot

    Longshot Well-Known Member

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    "The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves;"

    Electors vote. That's their job. They can't be punished for doing so.
     
  13. TOG 6

    TOG 6 Well-Known Member

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    The court said otherwise, 9-0.
     
  14. Golem

    Golem Well-Known Member Donor

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    Last edited: Jul 6, 2020
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  15. Longshot

    Longshot Well-Known Member

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    So the US government said that the electors appointed by the several sovereign states aren't supposed to do their jobs per the constitution?
     
  16. Longshot

    Longshot Well-Known Member

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    Except that it was agreed to in the establishment of the constitution between the states. But, luckily for you, the treaty also contains an amendment process.
     
  17. TOG 6

    TOG 6 Well-Known Member

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    The court said the states, having plenary power in the manner of choosing their electors, can punish electors who do not vote according to the slate they were appointed for.
     
  18. Curious Always

    Curious Always Well-Known Member Past Donor

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    In theory, I suppose the physical people who make up the college could be done away with. It wouldn't change how voting happens - states would still decide how to use their allotted electoral votes, which is based on Congressional representation.
     
  19. Curious Always

    Curious Always Well-Known Member Past Donor

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    Their job is to vote according to how the state decided to vote. SCOTUS did nothing to change that.
     
  20. Longshot

    Longshot Well-Known Member

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    Choosing the electors. But how do any of the states have any power over the vote that the elector casts?
     
  21. Longshot

    Longshot Well-Known Member

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    Is it? According to how the state decided to vote? Really? Where does the constitution say that?
     
    Last edited: Jul 6, 2020
  22. Curious Always

    Curious Always Well-Known Member Past Donor

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    They are called laws. Happy to help.
     
  23. Curious Always

    Curious Always Well-Known Member Past Donor

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    The US constitution is completely silent on how states choose their electors. It's up to the individual states to decide.
     
  24. Longshot

    Longshot Well-Known Member

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    Do you know what the word "vote" means?
     
  25. Longshot

    Longshot Well-Known Member

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    Yep. They can choose electors any way they choose. But they can't coerce them to vote for anyone.
     

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