On September 21, the Washington, D.C., city council passed the National Popular Vote Plan. It still needs the signature of the Mayor. Assuming the Mayor signs it, the bill will become law. Six states have also passed the National Popular Vote Plan, but of course it doesn’t take effect until jurisdictions containing a majority of the electoral college have passed it. The six states that have passed it are Illinois, Hawaii, Maryland, New Jersey, Washington, and Massachusetts.
One more attempt to subvert the Equal Protection Clause in 14th Amdt, Sec. 1.
Since when the votes OUTSIDE of a sovereign State determine the election results INSIDE such sovereign State — have UNEQUAL treatment of the votes INSIDE such State.
Of course the New Age statutory type fix MORONS are constitutional law MORONS — i.e. brain damaged IDIOTS.
The Supremes await to smash the NPV scheme if and when it is allegedly approved.
See ALL of the FL MORONS (legislative, executive and judicial) in 2000 Bush v. Gore who got hammered flat.
The Equal Protection Clause of the 14th Amendment says:
“no state [shall] deny to any person within its jurisdiction the equal protection of the laws”
It has been argued by some that it is not permissible, under the Equal Protection clause, for some states to close their polls at 6 PM while others close at 9 PM ; for some states to conduct their election entirely by mail while other states conduct their (non-absentee) voting at the polls; and for some states to permit violent felons to vote while others prohibit it (absent a pardon). However, the U.S. Constitution does not require that the election laws of all 50 states are identical in virtually every respect. The Equal Protection Clause of the 14th Amendment only restricts a given state in the manner it treats persons “within its jurisdiction.” The Equal Protection Clause imposes no obligation on a given state concerning a “person” in another state who is not “within its [the first state’s] jurisdiction.” State election laws are not identical now nor is there anything in the National Popular Vote compact that would force them to become identical. Indeed, the U.S. Constitution specifically permits diversity of election laws among the states because it explicitly gives the states control over the conduct of presidential elections (article II) as well as congressional elections (article I). The fact is that the Founding Fathers and the U.S. Constitution permits states to conduct elections in varied ways.
The National Popular Vote bill does not violate the Equal Protection Clause of the 14th Amendment.
If the National Popular Vote Plan gets close to being passed by enough states to go into effect, I predict the nation would then just pass a constitutional amendment to alter presidential elections. If that amendment provides for a national popular vote, I think the requirements to be a voter for President would need to be standardized, because in my opinion, with a national popular vote, it would violate the 14th amendment to have different standards in different parts of the country. The United States is the only nation in the world in which the requirements to be a voter for national office aren’t the same everywhere in that nation.
Why all this ridiculous reliance on the 14th Amendment? It is a red amendment after all:
http://www.pacinlaw.org/pdf/Red_Amendment_Promo.pdf
Doesn’t the 23rd Amendment apply in this case:
“shall appoint in such manner as the Congress may direct:”
Congress have given the District home rule, but Congress retains the power to veto anything the D.C. government does. Chances are Congress would not veto this bill. Congress only has a limited time to do such a thing.
#6 Doesn’t this fall in the same category as Secretary or State’s making up regulations for congressional or presidential elections? Can Congress delegate its authority any more than a legislature can?
If a constitutional amendment were passed providing for direct election of the president, Congress is going to want to regulate the nomination process as well. It makes even less sense to have different candidates on the ballot, than it does to have different voter qualifications. But does Congress really want to get involved in regulating party participation? So the only real solution is to go to a Top 2 primary.
And if there is going to popular election of the president, should their be popular voting on amendments and legislation, and the power of recall, initiative, and referendum, and election of federal executive officers and federal judges?
Proper remedy —
Uniform definition of Elector in ALL of the U.S.A.
P.R. and nonpartisan App.V. — even for Prezs/VPs — NO primaries are needed.
The Sun will continue to rise if and when a NONPARTISAN U.S.A. President is elected.
ALL 50 States manage to survive with ELECTED statewide executive officers.
See also the dormant Republican Form of Government language in Art. IV, Sec. 4.
Sorry – NO monarchy / oligarchy MINORITY RULE stuff is supposed to infect politics in any State — regardless of the MORON SCOTUS folks.
7 –
You’re so right. The sky is surely going to fall.
3 –
More naivete from you, Richard. It’s really getting embarrassing.
9. Start digging your bunker and stocking up on food. NPV is coming.
10 –
Yes, indeed. I shutter to imagine living in a country where its president is elected by popular vote. First that, then locusts, then toads raining out of the air, forced viewing of reruns of the “I Love Lucy” show…
# 7 Any constitutional amendment must also have ballot access language to prevent the party hacks from playing their standard EVIL unequal games — i.e. X percent of the voters in the prior election signing nominating petitions.
X = high enough to prevent outer space lunatics from getting on the ballots. Solve for X.
The EVIL/INSANE NPV scheme does NOT have a uniform definition of Elector for Prez/VP.
Thus — What party hacks in what party hack States will have children, felons, foreign nation-state aliens and even outer space aliens being qualified to vote for a Prez/VP ???
i.e. – hoards of ANTI-Western Civilization folks voting for a U.S.A. Prez/VP — i.e. Muslim fanatics, Russian / Chinese communists, etc.
Perhaps even having Mother Nature critters being given Prez/VP ballots ???
13 –
When I said toads might be raining out of the air if the NPV compact is approved, I didn’t imagine them raining into polling places. Thank you for enlightening me.
National Popular Vote. Oooooohhhh. Evil!
Boo!
12 –
This one ranks among your very best. Kudos!