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Old 08-21-2019, 10:21 PM
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Stephen Maturin Stephen Maturin is offline
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Join Date: Jul 2004
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Default Re: The US Presidency - Electoral College

There was an interesting Electoral College decision today out of the U.S. Court of Appeals for the Tenth Circuit right here in lolorado.

Hillary Clinton won Colorado back in 2016 and was thereby entitled under state law to all 9 of our electoral votes. One of the electors voted for John Kasich, Ohio's Republican governor, in violation of a state statute that requires electors to vote for the presidential candidate who got the highest number of votes in the general election. The Colorado Secretary of State threw out the vote and appointed a new elector, who voted for Clinton.

The booted elector won his appeal today. The Court held (2-1) that presidential electors have a constitutional right under Article II and the Twelfth Amendment to vote for whoever they goddamn jolly well please for president and vice president. Thus, any state law that purports to allow the state to interfere with or punish that choice is unconstitutional. "Faithless electors" are A-OK.

The dissenting judge didn't disagree with the majority's analysis of the constitutional issues, but wrote that the case should have been dismissed as moot.

The opinion is available here, and features 114 pages of complex legal analysis. The substantive constitutional law stuff starts on page 72, and a quick-'n'-dirty summary starts on page 112.
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