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Jul 8 2020 12:35pm
Good guys won today
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Jul 8 2020 01:18pm
Quote (Goomshill @ Jul 6 2020 09:14am)
Faithless elector case just in

Kagan writes for a 9-0 opinion, 7 majority + thomas concur + gorsuch concur
States are allowed to force electoral college delegates must vote for the president, allowing them to outlaw faithless electors:


This was a big disappointment, forcing pure democracy on republicanism.
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Jul 8 2020 01:21pm
Quote (Santara @ Jul 8 2020 12:18pm)
This was a big disappointment, forcing pure democracy on republicanism.


Why is it a disappointment? States have A LOT of leeway on how they hold elections according to the Constitution. There's nothing stopping a state from passing a law that says, "electors can do whatever the fuck they want."
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Jul 8 2020 01:24pm
Quote (thundercock @ Jul 8 2020 02:21pm)
Why is it a disappointment? States have A LOT of leeway on how they hold elections according to the Constitution. There's nothing stopping a state from passing a law that says, "electors can do whatever the fuck they want."


well in a hypothetical scenario, it allowed for a republic of representatives from the electoral college to ignore the laws and will of their state and its voters and instead deliberate with each other and decide their candidate in a smoke-filled room
but in that remote and contrived scenario I'm pretty sure heavily armed militias would storm D.C. and overthrow the illegitimate government within a fortnight.
back in the real world this was a decision with basically zero consequence
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Jul 8 2020 04:54pm
Quote (thundercock @ Jul 8 2020 02:21pm)
Why is it a disappointment? States have A LOT of leeway on how they hold elections according to the Constitution. There's nothing stopping a state from passing a law that says, "electors can do whatever the fuck they want."


Elected representatives are literally jist one step removed from delegates. Should elected representatives be bound by law to vote strictly in accordance with their party platform?
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Jul 8 2020 04:57pm
Quote (thundercock @ Jul 8 2020 02:21pm)
Why is it a disappointment? States have A LOT of leeway on how they hold elections according to the Constitution. There's nothing stopping a state from passing a law that says, "electors can do whatever the fuck they want."


It pretty much defeats the purpose of the electors if they can be made to vote how the state wants them to vote. For people who think the constitution should only function in accordance with the specific intention of the founders this is a giant departure from that.

Personally, I think a law to compel electors is a gross violation of the freedom of the elector, but I've yet to read the opinion.
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Jul 8 2020 05:00pm
The ruling says that unfaithful electors can be punished. It DOESN'T say they can be forced to be faithful electors.

I think that was a good ruling. Decided right between a rock and a hard spot.



/e Ruling that electors could be unfaithful with NO repercussions, would be a disaster. The bidding for electors would start instantly and continue till they were bought off.

This post was edited by Ghot on Jul 8 2020 05:02pm
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Jul 8 2020 05:04pm
Quote (Ghot @ Jul 8 2020 06:00pm)
The ruling says that unfaithful electors can be punished. It DOESN'T say they can be forced to be faithful electors.

I think that was a good ruling. Decided right between a rock and a hard spot.


It specifically says "Held: A State may enforce an elector’s pledge to support his party’s nominee—and the state voters’ choice—for President. Pp. 8–18."

So they definitely can force them to be faithful electors.

They state it explicitly here.

"And nothing in the Constitution expressly prohibits states from taking away presidential electors’ voting discretion as Washington does."

This post was edited by Thor123422 on Jul 8 2020 05:06pm
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Jul 8 2020 05:11pm
And yet all of this would be better if we just abolished the Electoral College.
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Jul 8 2020 05:14pm
Quote (Thor123422 @ Jul 8 2020 07:04pm)
It specifically says "Held: A State may enforce an elector’s pledge to support his party’s nominee—and the state voters’ choice—for President. Pp. 8–18."

So they definitely can force them to be faithful electors.

They state it explicitly here.

"And nothing in the Constitution expressly prohibits states from taking away presidential electors’ voting discretion as Washington does."




Do we have a link for where it says that?

/e In other words... how do you force an elector to be faithful. You can easily punish them for being unfaithful.

This post was edited by Ghot on Jul 8 2020 05:17pm
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