Law Professor Derek Muller has filed this amicus in Chiafalo v State of Washington, arguing that the U.S. Supreme Court should not render a decision on whether presidential electors have freedom to vote for any qualified candidate. He says that Congress should settle such disputes. He points out that Micheal Baca, the plaintiff from Colorado who sued after the Secretary of State of Colorado “fired” him, should have asked Congress to recognize him as an elector. Because Baca failed to do so, Professor Muller advocates that Baca lacks standing.
Muller also says that the U.S. Supreme Court was wrong to hear Bush v Gore in 2000. In that case, he argues, the U.S. Supreme Court intruded on the authority of Congress. By contrast, in the disputed election of 1876, Congress created a way to resolve the dispute.
One more MORON prof
judicial power in courts to rule on acts/omissions
exception
Congress hacks ruling on Congress hack elections 1-5-1
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BUT – first part of 12 Amdt [12 Amdt elector power to *name in their ballots*] versus
14-2 [right to vote of State voters being subverted [denied / abridged] by 12 Amdt elector
– ie ignoring the State voter’s votes that gets such 12 Amdt being chosen]
AND 2-1 condition of their appointment by States/DC.
ZERO to do with 1 Amdt — being more and more perverted in election process.
A novel argument, but a “fail” as I see it. Congress didn’t intervene at the time Baca was “fired,” and that therefore it, by default granted Baca standing, if nothing else.
A fail in a second way: Bush v Gore is irrelevant to this case.
A fail in a third way: Washington State isn’t the only faithless elector case before the Court in a now-consolidated case.
I loathe the Electoral College, but it is what it is, and the only way to get rid of it is by amendment. I suspect the prof backs the popular vote compact that’s making its rounds, but it’s nugatory and likely will be officially shown to be so in a few months.
Interesting read about some states (Kentucky) once having a state electoral college for governor and other offices. I like that idea, especially for U.S. Senator. Local elections make them harder to buy. The brief also makes reference to when Electors’ names were actually on the ballot. Another thing which needs to be revived.
I have come around to the idea that the Electoral College is a good thing because it allows every state to use its own voting method. They don’t all have to use at-large, plurality voting. They could be elected by district, proportionally, with ranked choice or approval voting. Maine is a pioneer on this matter. They now elect them both by district and by ranked choice.
The Maine law for ranked choice voting for president in the general election is not secure. If the Republican Party gets the needed signatures on the referendum petition, it won’t be in effect this year.
The EC was one more of the ANTI-Democracy — IE MONARCH/OLIGARCH — features of the LATE DARK AGE 1787 USA Const due to the CONSPIRACY of the small and slave State regimes in the TOP SECRET 1787 Fed convention.
Other parts –
Min 1 Rep per State – no matter how small a pop. — with 3/5 *person* for each slave.
2 Senators per State – no matter how small or big a pop.
Result – ie nonstop minority rule USA laws / treaties since 1789 –
and
genocide of American Indians, more slave States, undeclared wars, insane deficits / debts, inflation, nonstop SCOTUS HACKS – destruction of the States esp since 1890/1936.
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PR
Appv
TOTSOP