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GOP-Supported California Ballot Measure is Unconstitutional

Remember how the GOP's law firm in California is supporting a ballot measure to change the way the state awards electoral votes? (A move that could hand the Republicans the Presidential election.) Well, it turns out that it's "patently unconstitutional". Doug Kendall explains in Slate:

The U.S. Constitution prohibits a ballot measure that would trump a state legislature's chosen method of appointing electors. In Article II, Section 1, the Constitution declares that electors shall be appointed by states "in such manner as the Legislature thereof may direct." That's legislature.

Tough luck, guys. Guess this race goes back to "Leans Democratic."

—Nick Baumann






Comments

And, isn’t it ironic that - with all that’s happened in the last eight years - that it’s only – ONLY - “leans Democratic”. The white lower-and-middle-trash have taken allot of getting kicked-in-the-ass, in their vain hope that the Republicans will help them get even with “those-people”. No reason to expect they won’t keep voting the same way. So, just how far does it “lean” and what will the fascists do to offset this “lean”?

Posted by: john on 09/13/07 at 2:15 PM  Respond

Yes! This is good news, that measure is worrisome. Hopefully constitutionality matters this time.

Posted by: Chris Jones on 09/13/07 at 2:17 PM  Respond

I'm pretty sure that the California Supreme Court has held that when it comes to ballot measures, the people of the state are the legislature. Sorry.

Posted by: legislator on 09/13/07 at 8:40 PM  Respond

.
America is locked into a corrupt economic and political system made corrupt by a sociopathic ruling class and elected lawmakers dedicated to continuing the corruption forever. Our representatives have immunized themselves from law by passing laws that legalize criminality. For instance, campaign contributions are nothing but legalized bribery. In another instance, the Supreme Court gave corporations rights equal to and in many cases superior to human rights. Corporations are a sham device owned by wealthy people who gave themselves unlimited rights and no social responsibilities. All along, the intent was to oppress, exploit and rob the American people.

We the people can’t reform or change the system by voting because our representatives in both political parties have subverted the laws and constitution by making it virtually impossible for us to establish new political parties to reform or change the system. Remember, their primary goal is to protect and perpetuate corruption and the system, because corruption is the source of their wealth and power. And truth be told, not enough Americans know or care enough to even vote, much less reform or change the system.

Don’t worry though, the system is self-destructing anyway. With a little luck, some of us might even survive when the plutocrat’s Mammonistic Empire crashes and burns.
.

Posted by: rabblerowzer on 09/14/07 at 6:01 AM  Respond

Since when did the constitution mean anything to the GOP and Bush supporters? Just like the Geneva Conventions it is veiwed as a "quaint" document from the pre-9/11 era.
So therefore if you support the constitution, you are siding with the terrorists. Easy as pie. "Constitutionality" debate averted.

Posted by: cboas on 09/14/07 at 8:38 AM  Respond

cboas, Don't lay all that 'Constitution doesn't mean anything' at the feet of the Repubs.
After all, it was FDR who equated the constraints of the US Constitution with 'horse and buggy days', and until recently it was strictly a Dem proposition that the Constitution was 'a living document', implying that it's meaning could be changed through simple 'reinterpretation', without benefit of the amendment process.

Yes, Dubya & His Dickhead Posse have been doing the damage recently, but they are only the latest, not the first.

Posted by: MissDemeanor on 09/14/07 at 9:27 AM  Respond

How many ballot measures have the Democrats supported thatwere unconstitutional??

Posted by: Ames Tiedeman on 09/14/07 at 1:33 PM  Respond

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