All these blue states need to award Trump their Electoral Votes.

[para bellum]

Which does nothing to change the fact the cited ruling from USSC, literally, and in detail, proves your claim wrong.

The ruling literally says "unless and until the state legislature chooses a statewide election as the means to implement its power to appoint members of the electoral college."

A challenge which turned on, hinges on, and was entirely decided based on ... get ready for it.... the 14th Amendment.

Continuing your argument past this point simply means you refuse to admit you are wrong.
Man up.

It was a equal protection challenge, not a voting rights challenge.

The SCOTUS acknowledged the plenary power of the State legislatures to appoint electors, it did not address the unavoidable penalty for doing so in some other manner than an election because that was not at issue.

The States would retain 2 electors, and the legislatures could appoint them as they see fit.

That is the Constitutional requirement and the consequence of what you advocate.

 

[M14 Shooter]

The ruling literally ...

As I said:
You refuse to admit you are wrong.

 

[para bellum]

As I said:
You refuse to admit you are wrong.

I am not wrong, the Constitution is perfectly clear. Take away the right to vote for Presidential electors, lose the electoral votes. You cannot just pretend the 14th amendment does not apply to Presidential electors.

You are the one in denial because you have bought into a fringe viewpoint.

The SCOTUS even acknowledged in Bush v. Gore that Florida violated the 14th amendment's equal protection guarantee in the vote-counting procedures, but it could not be remedied in the timeframe allowed.

"Despite violating the Fourteenth Amendment by using disparate vote-counting procedures in different counties, Florida did not need to complete a recount in the 2000 presidential election because it could not be accomplished in a constitutionally valid way within the time limit set by federal law for resolving these controversies."

 

[M14 Shooter]

I am not wrong,

You are.

As referenced in Bush v Gore, (qv)
McPhereson v Blacker

McPherson v. Blacker, 146 U.S. 1 (1892)

McPherson v. Blacker

supreme.justia.com

The second clause of Article II of the Constitution was not amended by the Fourteenth and Fifteenth Amendments, and they do not limit the power of appointment to the particular manner pursued at the time of the adoption of these amendments or secure to every male inhabitant of a state, being a citizen of the United States, the right from the time of his majority to vote for presidential electors.

 

[para bellum]

You are in denial. The fundamental right to cast a vote for Presidential electors is enshrined in the 14th amendment.

Any State that removes the President and Vice President from the ballot loses it's representatives, and the electors that are allocated based on it's number of representatives.

That State reduces it's electoral votes to 2. Best case 3, because I think every State is entitled to at least one Representative in the House...

Sorry pal, you can't just nullify the 14th amendment because it says something you don't like.

 

[M14 Shooter]

You are in denial.

See my edit to post #44

Your refusal to admit you are wrong = you are in denial.

 

[para bellum]

See my edit to post #44

Your refusal to admit you are wrong = you are in denial.

Well you be sure to let us know when a State legislature decides to take the President and Vice President off their ballots so we can test the 14th Amendment...

 

[M14 Shooter]

Well you be sure to let us know when a State legislature decides to take the President and Vice President off their ballots so we can test the 14th Amendment...

I accept your concession of the points.

 

[para bellum]

I accept your concession of the points.

I agree that State legislatures have the power to determine the way electors are appointed, but no State appoints electors based on anything other than an election, and hasn't since before the 14th Amendment was adopted.

That is not the power to nullify an election that a legislature does not like. If the means of appointing electors is an election, then everyone who has the right to vote has the right to vote for the President and Vice President.

You are arguing a moot point, because every States uses elections to appoint electors.

 

[M14 Shooter]

I agree that State legislatures have the power to determine the way electors are appointed,

And thus, you agree your claim that the 14th amendment requires states to chose its electors with a popular election was wrong.

 

[para bellum]

And thus, you agree your claim that the 14th amendment requires states to chose its electors with a popular election was wrong.

Sure. In those States that do not use elections to appoint electors, electors do not have to be chosen by the voters.

Which is none of them...

 

[para bellum]

And thus, you agree your claim that the 14th amendment requires states to chose its electors with a popular election was wrong.

So then I can assume you think the National Popular Vote Compact is perfectly Constitutional?

As soon as there are enough States to make 270 electoral votes, they can just appoint their electors based on the national popular vote?

There is no problem at all- the legislatures decided that's how it would be done, and there is nothing in the Constitution to stop them?

 

[M14 Shooter]

So then I can assume you think the National Popular Vote Compact is perfectly Constitutional?

Nope.
Article 1 sec 10
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

This clause is designed to prevent the states from conspiring to gain an advantage over the federal government, and/or one another; the NPVC is, literally, a compact designed to allow the members of the compact to render irrelevant the electoral votes of the non-member states and thus exactly the sort of thing this clause was meant to prevent.

 

[para bellum]

No State shall, without the Consent of Congress

And if the Congress says it's fine?

 

[M14 Shooter]

And if the Congress says it's fine?

Them, obviously, it is OK for states to enter into said compact.
Without, its not.

 

[para bellum]

Them, obviously, it is OK for states to enter into said compact.
Without, its not.

Okay, so a majority of both houses can vote to allow States to render irrelevant the electoral votes of other States, and that would be Constitutional.

Do you believe there is such a thing as unenumerated rights in the Constitutional context?

 

[M14 Shooter]

Okay, so a majority of both houses can vote to allow States to render irrelevant the electoral votes of other States, and that would be Constitutional.

Congress would have to pass legislation to that effect.
Never happen, but sure.

Do you believe there is such a thing as unenumerated rights in the Constitutional context?

In what context?

 

[para bellum]

In what context?

Are there basic rights that are not enumerated in the Constitution?

Is there an inherent right to vote even though it's not explicitly described in the Constitution?

 

[para bellum]

Congress would have to pass legislation to that effect.
Never happen, but sure.

The Constitution only says "consent of Congress". That could be a simple resolution- majority vote in each chamber and you're done.

That is not so hard to imagine if dems hold majorities in both chambers. If they could eliminate the EC without an amendment they would have already done it...

 

[M14 Shooter]

Are there basic rights that are not enumerated in the Constitution?
Is there an inherent right to vote even though it's not explicitly described in the Constitution?

The right to vote in expressly protected in the 14th, 15th 19th 24th and 26th amendments, and implicitly in the 5th.
The right vote for members of Congress is granted in article I and the 17th amendment
Otherwise, the right to vote lies at the state level - as all elections are state elections - as protected by the US constitution.