Is there any consitutional ground to prevent the states from...
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
April 25, 2024, 04:50:18 AM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  Presidential Elections - Analysis and Discussion
  Presidential Election Process (Moderator: muon2)
  Is there any consitutional ground to prevent the states from...
« previous next »
Pages: [1]
Author Topic: Is there any consitutional ground to prevent the states from...  (Read 2130 times)
MASHED POTATOES. VOTE!
Kalwejt
Atlas Institution
*****
Posts: 57,380


Show only this user's posts in this thread
« on: December 19, 2016, 01:55:55 PM »

Is there any consitutional ground to prevent the states from scrapping choosing electors by popular vote altogehter and returning to having them selected by the legistlatures, like it had been done initially (and, in South Carolina, up until 1860, I believe)?

I don't think the Constitution specifies the manner of selecting the electors at all.
Logged
MarkD
Junior Chimp
*****
Posts: 5,186
United States


Show only this user's posts in this thread
« Reply #1 on: December 19, 2016, 05:25:18 PM »

It is completely constitutional to do so, but it would not be very popular with state legislators who want to get re-elected, because their own constituents would not want to lose the power to vote for President. Therefore, I can't imagine why any state legislature would change it back to the old way. Most of the voters would have to decide that they don't want to vote for President any more.
Logged
Hu Flung Pu
Newbie
*
Posts: 4
Show only this user's posts in this thread
« Reply #2 on: January 20, 2017, 11:46:10 AM »

I mean it's possible, but also a death sentence to political careers at the state level.  People should have the right to decide who the president is.
Logged
Unconditional Surrender Truman
Harry S Truman
Atlas Icon
*****
Posts: 14,142


Show only this user's posts in this thread
« Reply #3 on: January 20, 2017, 04:19:42 PM »

I don't think the Constitution specifies the manner of selecting the electors at all.
Yep. This is one of the decisions the Constitution punts to the states, so there's nothing to stop, say, Wyoming from choosing her electors by a vote of the legislature - or by a coin toss, pie-eating contest, or any other absurdly undemocratic system they should concoct. But that's okay, because AMERICA IS A REPUBLIC NOT A DEMOCRACY!!!1!!11!
Logged
jimrtex
Atlas Icon
*****
Posts: 11,828
Marshall Islands


Show only this user's posts in this thread
« Reply #4 on: January 21, 2017, 07:30:07 PM »

Under federal statute, a state's ascertainment of the appointment of its electors is considered to be legally definitive if made by six days before the meeting date of the electors. Following the 2000 election in Florida, the Texas legislature changed the statute, so that if the winner of the election in Texas had not been determined approaching that date, the legislature will meet and choose the electors.

Missouri does (or maybe did) provides for the legislature to break ties in the popular vote.

In 1845, when Congress set the first Tuesday, after the first Monday, in November as the timefor appointing electors, they provided that if appointment was not made on first trial (i.e. the first attempt via election), the State could make an appointment on a later date. This was used in Massachusetts in 1848, and Georgia in 1860, when no electors received a majority of the vote, and electors were appointed by the legislature of the two states.

Electors were also appointed by the legislature of Colorado in 1876, and even though they were decisive in the election of President Hayes, were not considered controversial.
Logged
GoTfan
GoTfan21
Junior Chimp
*****
Posts: 7,698
Australia


Show only this user's posts in this thread
« Reply #5 on: February 03, 2017, 05:31:58 AM »

Possible. But these days, you wouldn't win any favours.
Logged
PMHub
Rookie
**
Posts: 19
Show only this user's posts in this thread
« Reply #6 on: February 03, 2017, 11:16:18 AM »

Could it happen? Yes.

Would it happen? No.
Logged
zorkpolitics
Jr. Member
***
Posts: 1,188
United States


Show only this user's posts in this thread
« Reply #7 on: February 04, 2017, 11:50:51 AM »

States by legislation, can allocate electors anyway they want, regardless of the popular vote in that state.  I would like to see a state have the College of Cardinals to take responsibility for allocating electors.
Logged
Pages: [1]  
« previous next »
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.034 seconds with 11 queries.