Can the Electoral College Elect Clinton legally?

LexusLover's Avatar

Remember, there are still 21 states that don't require their members of the Electoral College to vote for their party’s designated candidate anyway.
Originally Posted by OldManRon
As to that point I don't see anyone talking "party affiliation"!

As for your second question I mentioned the Bush Gore decisionS.

2000 Presidential electionS.

Even as revolting as it may be to the Justices I would venture an educated guess that even the whining LIBERALS on the bench would not sit by while Electors voted "for whomever they desired" in contravention to the popular vote in the State from which they came, regardless of their mandates/requirements according to State law by which they operate.

Musing and speculating adds little to an intelligent discourse, 71-year-old brains or not.
All moot anyway. Not going to happen this time anyway.
LexusLover's Avatar
All moot anyway. Not going to happen this time anyway. Originally Posted by OldManRon
Sounds like Hillary's concession admission.

I take that as ... the Constitutional amendment doesn't say what you claim and is not interpreted in that manner either. It won't happen in either of our lifetimes.
Lex,

Oh no, that's not it at all.

No concession here. I'm just done with it after this comment. So, flame away at my reply if you wish. It's been my experience that when a debater starts throwing around mindless insults at the other debater, any hope of carrying on a civilized discussion goes up in a puff of smoke. Time to turn the lights off, pack it up and go have a drink. So be it.

Besides, this issue hasn't been definitively resolved in the courts yet. The 2000 SCOTUS action didn't even address the Electors in the 21 states that allow their Electors to vote in the manner stated in the Constitution, and, it was quite vague on other issues it addressed at the time anyway. Nothing's engraved in stone yet.

Some of the founders personal writings, plus transcripts of the pre-Constitutional arguments and the Convention debates indicate that that option (to allow the Electors to vote their own consciences) was written into the Constitution precisely to address situations such as those that have occurred today. They feared that a charismatic fanatic could charm his way in to the Presidency under the right circumstances, as had happened countless times in past civilizations. They knew that a demagogue like that could destroy the Republic that so many had fought and died for, so they could be allowed to create that Republic. So, it was argued that that single power granted to the Electors could, in itself, prevent such a catastrophe from happening at some point in time.

The typical voter casts their ballot via their emotional beliefs anyway. Whether examining the 18th Century voter, or the 21st Century voter, most were then, and are now, pitifully uninformed. They cared/care little or nothing about the facts or the truth. Only about their opinions and beliefs - no matter how flawed. Even outward appearances hold more weight than the truth. What color is his tie? Her dress? Is it before or after Labor Day? On and on. The debates are a joke. All fluff. No substance. News is based solely on the quest for higher and higher ratings, not actual content.

Pre-Internet, the vast majority of our population was hampered, mostly, by their lack of information. In this post-Internet age, that same group is hampered by an even greater enemy - the overabundance of misinformation that has become indiscernible from the truly factual information that we all desperately need in order to make rational and intelligent decisions. Even the simplest meme, overlaid with the most outrageous, outright lie plastered all over it can be read, liked, shared, and believed by millions in only a matter of hours. But, the truth, researched and documented, with facts and sources, that can completely refute that lie will typically spread like molasses on a cold Winters night. Lies are usually much more attractive to us than the truth. Lies can have infinite permutations of events and details that can be tweaked and shuffled into a combination that is the most entertaining and the most believable scenario. The truth has only one single and often boring scenario. There can be no tweaking of the truth. It just "is" what it "is"- warts and all. It's truly a sad situation that we've allowed a tool with such enormous potential to regress into a monster that manipulates every corner of our lives so easily. It's worse than any drug out there. We can't put the Genie back in the bottle. We'll just have to learn how to live with him, it seems.

That being said, all we can do is speculate as to how Presidential elections could play out, both now and in the future. I'm sure there are already volumes and volumes written on this subject – and more to come - with dozens of outcomes that each writer is somehow able to "prove" that his/hers opinion is the only one that's even possible. But, until one of our Presidential elections is tested in the courts at some point, this is all open to interpretation by whoever wants to claim it's their Constitutional right to interpret the Constitution themselves. Any "facts" we want to find are available to us somewhere with only a few clicks of a mouse. Anyone can "prove" anything they want to prove.

I have my beliefs. You have yours. Never the twain shall meet.
Cognitive Dissonance at it's finest - so, I can no longer see any benefit in taking this further.

I wish you well. Stay safe :-)
LexusLover's Avatar
The 2000 SCOTUS action didn't even address the Electors in the 21 states that allow their Electors to vote in the manner stated in the Constitution,....

Some of the founders personal writings, .... Originally Posted by OldManRon
Don't give up your day job!

10th Amendment.
chicagoboy's Avatar
Perhaps the cow can jump over the moon, but it's not the way to bet.
LexusLover's Avatar
Perhaps the cow can jump over the moon, but it's not the way to bet. Originally Posted by chicagoboy
HillaryNoMore can't even climb into a van without assistance.
rexdutchman's Avatar
Note the 2000 presidential issue was the chads and how the votes were counted / because it wasn't clear how voter voted. The liberals are just re-enforcing how out of touch they are with reality. (just my opinion)
LexusLover's Avatar
Note the 2000 presidential issue was the chads and how the votes were counted / because it wasn't clear how voter voted. The liberals are just re-enforcing how out of touch they are with reality. (just my opinion) Originally Posted by rexdutchman
I know what the 2000 issueS were ...

.. and if one examines the opinionS ... on can see that the SCOTUS reviewed STATE LAW to resolve the issue and dispute that had arisen in Florida .. which had to do with "timing" and "deadlines' in the second lawsuit..... based on Florida law .... NOT U.S. ... other than "due process" and "equal protection"!

Here is what the SCOTUS opinion stated in Bush vs. Gore:

"The individual citizen has no federal constitutional right to vote for electors for the President of the United States unless and until the state legislature chooses a statewide election as the means to implement its power to appoint members of the Electoral College. U.S. Const., Art. II, § 1. This is the source for the statement in McPherson v. Blacker, 146 U.S. 1, 35, 36 L. Ed. 869, 13 S. Ct. 3 (1892), that HN2 the State legislature's power to select the manner for appointing electors is plenary; it may, if it so chooses, select the electors itself, which indeed was the manner used by State legislatures in several States for many years after the Framing of our Constitution. Id. at 28-33. History has now favored the voter, and in each of the several States the citizens themselves vote for Presidential electors. HN3 When the [****9] state legislature vests the right to vote for President in its people, the right to vote as the legislature has prescribed is fundamental; and one source of its fundamental nature lies in the equal weight accorded to each vote and the equal dignity owed to each voter. The State, of course, after granting the franchise in the special context of Article II, can take back the power to appoint electors. See id., at 35 ("There is no doubt of the right of the legislature to resume the power [**530] at any time, for it can neither be taken away nor abdicated") (quoting S. Rep. No. 395, 43d Cong., 1st Sess.)."
LexusLover's Avatar
Bill Still calls BS... LOL! Originally Posted by IIFFOFRDB
If the truth were known ...

...... my guess is Bill didn't want her to win.

The "Ex-Presidents' Club" is a selective Fraternity.
JD Barleycorn's Avatar
Lex,

Oh no, that's not it at all.

No concession here. I'm just done with it after this comment. So, flame away at my reply if you wish. It's been my experience that when a debater starts throwing around mindless insults at the other debater, any hope of carrying on a civilized discussion goes up in a puff of smoke. Time to turn the lights off, pack it up and go have a drink. So be it.

Besides, this issue hasn't been definitively resolved in the courts yet. The 2000 SCOTUS action didn't even address the Electors in the 21 states that allow their Electors to vote in the manner stated in the Constitution, and, it was quite vague on other issues it addressed at the time anyway. Nothing's engraved in stone yet.

Some of the founders personal writings, plus transcripts of the pre-Constitutional arguments and the Convention debates indicate that that option (to allow the Electors to vote their own consciences) was written into the Constitution precisely to address situations such as those that have occurred today. They feared that a charismatic fanatic could charm his way in to the Presidency under the right circumstances, as had happened countless times in past civilizations. They knew that a demagogue like that could destroy the Republic that so many had fought and died for, so they could be allowed to create that Republic. So, it was argued that that single power granted to the Electors could, in itself, prevent such a catastrophe from happening at some point in time.

The typical voter casts their ballot via their emotional beliefs anyway. Whether examining the 18th Century voter, or the 21st Century voter, most were then, and are now, pitifully uninformed. They cared/care little or nothing about the facts or the truth. Only about their opinions and beliefs - no matter how flawed. Even outward appearances hold more weight than the truth. What color is his tie? Her dress? Is it before or after Labor Day? On and on. The debates are a joke. All fluff. No substance. News is based solely on the quest for higher and higher ratings, not actual content.

Pre-Internet, the vast majority of our population was hampered, mostly, by their lack of information. In this post-Internet age, that same group is hampered by an even greater enemy - the overabundance of misinformation that has become indiscernible from the truly factual information that we all desperately need in order to make rational and intelligent decisions. Even the simplest meme, overlaid with the most outrageous, outright lie plastered all over it can be read, liked, shared, and believed by millions in only a matter of hours. But, the truth, researched and documented, with facts and sources, that can completely refute that lie will typically spread like molasses on a cold Winters night. Lies are usually much more attractive to us than the truth. Lies can have infinite permutations of events and details that can be tweaked and shuffled into a combination that is the most entertaining and the most believable scenario. The truth has only one single and often boring scenario. There can be no tweaking of the truth. It just "is" what it "is"- warts and all. It's truly a sad situation that we've allowed a tool with such enormous potential to regress into a monster that manipulates every corner of our lives so easily. It's worse than any drug out there. We can't put the Genie back in the bottle. We'll just have to learn how to live with him, it seems.

That being said, all we can do is speculate as to how Presidential elections could play out, both now and in the future. I'm sure there are already volumes and volumes written on this subject – and more to come - with dozens of outcomes that each writer is somehow able to "prove" that his/hers opinion is the only one that's even possible. But, until one of our Presidential elections is tested in the courts at some point, this is all open to interpretation by whoever wants to claim it's their Constitutional right to interpret the Constitution themselves. Any "facts" we want to find are available to us somewhere with only a few clicks of a mouse. Anyone can "prove" anything they want to prove.

I have my beliefs. You have yours. Never the twain shall meet.
Cognitive Dissonance at it's finest - so, I can no longer see any benefit in taking this further.

I wish you well. Stay safe :-) Originally Posted by OldManRon
Too many problems with this to allow it to pass without scrutiny.

First, the decision in 2000 had nothing to do with unfaithful electors so why bring it up. In fact, I also disagree that the decision was vague. It was very specific; can a state change election law after the election has begun. Florida's court was saying that they could change the parameters of voting, recounts, absentee ballots, and voter qualifications after the election was in the counting phase. The US Supreme Court rules that the rules going into an election will be the rules that the election will finish under. Very simple and very specific.

The electoral collage, as we know it, was not part of the original Consitution. Once again, why bring up something that is not relevant? In the early days, the House voted for the president for the most part. The electoral college allowed each state to chose it's own electors who voted based on their conscience. Most of the time the votes were so split that it fell to the House to decide who would be president and vice-president. After the Jefferson-Burr elections changes had to be made. The electoral college results were made to be stronger but each state still decided how electors were to be chosen. Throughout the 19th century the electoral collage became what we know today. Each state choses a slate of electors based on the popular vote in the state.

Here is what could happen but it is very unlikely to happen. The GOP electors, having won the election, could leave en mass to vote for someone else like JEB Bush. Now they already have the votes (no danger there) and if the party is involved then there will be no punishment for being unfaithful. They could literally chose anyone. Now if some electors refuse and that would be very likely, no one would achieve 270 votes for the win. The election would go to the house who is required to vote for one of the top two vote getters (Hillary or Trump). So, in all likelihood, Trump would be chosen by the House.
Any given state's legislature has the power to submit a new slate of electoral votes rather than remain with votes of faithless or, for that matter, faithful electors

And

There is an 1887 law authorizing congress to accept the slate it wishes
LexusLover's Avatar
#1: Any given state's legislature has the power to submit a new slate of electoral votes rather than remain with votes of faithless or, for that matter, faithful electors

And

#2: There is an 1887 law authorizing congress to accept the slate it wishes Originally Posted by nevergaveitathought
As to #1: That is not the law. The SCOTUS in the quote I posted shoots that down on sight."The individual citizen has no federal constitutional right to vote for electors for the President of the United States unless and until the state legislature chooses a statewide election as the means to implement its power to appoint members of the Electoral College. U.S. Const., Art. II, § 1."

And once the State legislature does the "individual citizen HAS A "federal constitutional right to vote for electors for the President of the United States"! That means, as per Bush vs. Gore the State can't come back and change after the election....which would be the evil sought to be avoided by the Constitution ... which is the evil about which there is speculation in this thread ... DEPRIVING THE CITIZENS WITH THE RIGHT TO VOTE!

As per #2: One would have to get to Congress for a slate to be "selected," even if such a law were Constitutional based upon the analysis of Bush vs. Gore, which underlines the "States' rights" issue with regard to voting in the Presidential election.

But any time you want to provide a cite to the 1887 law, please do. And hopefully the citation will be something more than an Op-Ed article in Reader's Digest magazine.....or a remark in a transcript off CNN.