Utah likely to get another Electoral Vote (user search)
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  Utah likely to get another Electoral Vote (search mode)
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Author Topic: Utah likely to get another Electoral Vote  (Read 23362 times)
Sam Spade
SamSpade
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« on: November 22, 2006, 02:08:59 PM »

I agree with Turley. 

The law would be directly unconstitutional, because by no means has DC ever been considered a "state" for constitutional purposes and Art. I, Sect. 2, Cl.3 specifically says that representatives must be apportioned "among the several states".  The 22nd amendment uses the language that DC will be given electors equal to the number of Senators and Representatives "if it were a State".  This clearly implies DC is not a state, and certainly isn't one under constitutional design.
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Sam Spade
SamSpade
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« Reply #1 on: November 22, 2006, 02:58:28 PM »

Depends on how they word it.  Before the Republicans took control of the House in 1995, the delegates and the Resident Commissioner were part of the Committee of the Whole House where most business takes place.  It would be constitutional to add Eleanor back to the Committee of the Whole House, but as a Representative, no way it passes constitutional muster given Article 1 section 2 "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States," since D.C. is not a State, they cannot elect a Representative.

Yep, I had forgotten about the Committee.  But we agree about the rest.
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Sam Spade
SamSpade
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« Reply #2 on: November 23, 2006, 03:08:23 PM »

Since when has the Constitution ever stopped Congress from doing anything?

I'm all for "civil rights" giving us an extra electoral vote Smiley

And I'll take it too, since we gain an extra House seat for free, and there's no guarantee the extra electoral vote will still be Republican beyond 2008 after the next reapportionment.

Plus, as a practical matter, I think it's desirable to have an odd number of electroal votes so that there can't be a tie. This assures the election can never be thrown into the House unless a 3rd party candidate wins electoral votes.

You do realize that problem wasn't created until the 22nd amendment passed, right?
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Sam Spade
SamSpade
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« Reply #3 on: November 23, 2006, 10:08:36 PM »

I guess.  Perhaps you should read Federalist 143.
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Sam Spade
SamSpade
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Posts: 27,547


« Reply #4 on: November 24, 2006, 12:43:25 PM »

The better basis for Maryland is that all of present-day DC was ceded to the federal government from Maryland.

The part of DC that was ceded from Virginia was given back to Virginia in 1847 anyway, and the Potomac River forms a nice, natural boundary between the two states.
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