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Mass. Leg. May Side-step the Federal Constitution
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Sun Jun 22, 2008 4:35 pm    Post subject: Mass. Leg. May Side-step the Federal Constitution Reply with quote

Those nasty New England liberals are at it again. This time they want to short-circuit the Electoral College.

Bring on the popularity contest

"...perhaps a dozen states will be battlegrounds in the presidential race. And that's why the state Legislature should pass the National Popular Vote bill, which commits a state to throwing its electoral votes to whoever gets the most votes nationwide. While Senate President Therese Murray and House Speaker Salvatore DiMasi both support the bill,..."


http://www.boston.com/bostonglobe/editorial_opinion/editorials/articles/2008/06/22/bring_on_the_popularity_contest/

Grrrrrrr Exclamation
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Pligganease



Joined: 14 Sep 2004
Location: The deep south...

PostPosted: Sun Jun 22, 2008 5:37 pm    Post subject: Reply with quote

I think opponents of the electoral college are ignorant.

Were there no electoral college, you would surely see presidential candidates campaigning solely on pledges to give unlimited funding to major population centers and screwing the less populated areas of the US.
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CentralCali



Joined: 17 May 2007

PostPosted: Sun Jun 22, 2008 5:47 pm    Post subject: Reply with quote

It really doesn't matter what a state says about how they expect the Electors to cast votes. The simple fact of the matter is that Elector is a federal office and federal law is all that matters. In this case, the federal law in question is the Constitution.
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bacasper



Joined: 26 Mar 2007

PostPosted: Sun Jun 22, 2008 6:52 pm    Post subject: Reply with quote

Pligganease wrote:
I think opponents of the electoral college are ignorant.

Were there no electoral college, you would surely see presidential candidates campaigning solely on pledges to give unlimited funding to major population centers and screwing the less populated areas of the US.

Instead of giving exaggerated portions to small areas and screwing most of the population?
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Kuros



Joined: 27 Apr 2004

PostPosted: Sun Jun 22, 2008 8:00 pm    Post subject: Reply with quote

Quote:
In the future, though, the plan would eliminate the most obvious flaw in the current system: that the candidate with the most votes can still lose, as Al Gore did in 2000.


Wasn't the problem that Gore actually won Florida, but his win was not recognized? IOW, Gore didn't lose despite having the popular vote, Gore lost because he won the most votes in Florida but lost Florida anyway.

Basically, the main premise of the Op-Ed is that the electoral college is driving down voting registration and participation. This simply does not seem like a satisfactory reason for me to abandon the electoral college. I will vote in Kentucky, and the outcome is pretty clear in Kentucky this Fall (it would not have been so if Hillary were the nominee). What does it matter whether I decide to vote or not as a result? Some could look at the last poll tilting 51-36 for Obama and wonder why they should vote in a popular vote system. I just do not buy it.
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Sun Jun 22, 2008 11:28 pm    Post subject: Reply with quote

It looks to me like they're playing with fire.

Say there is another very close election, like '00. Couldn't the winner of the electoral vote challenge in the courts if states they won give their electoral votes to the winner of the popular vote?

Yes, I know it's up to the states to determine how to cast their electoral votes, but this proposed system is deliberately designed to get around the Electoral College. Couldn't the Supreme Court throw out the National Popular Vote law (should it become one) as violating the spirit of the Constitution?

I wonder what Constitutional experts say on this.
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CentralCali



Joined: 17 May 2007

PostPosted: Mon Jun 23, 2008 1:02 am    Post subject: Reply with quote

It's not up to the states how to cast their electoral votes. It's up to each state how to select the Electors. It's up to the Electors how to cast their vote.
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Mon Jun 23, 2008 1:23 am    Post subject: Reply with quote

I didn't express myself as well as I should have. It's up to the states to determine how and which electors to choose. Nebraska selects theirs proportionally. You are right that each elector has the choice in the end.
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Czarjorge



Joined: 01 May 2007
Location: I now have the same moustache, and it is glorious.

PostPosted: Mon Jun 23, 2008 12:17 pm    Post subject: Reply with quote

The electoral college was originally created why? To give more power to smaller states and to keep the 'ignorant masses' from having direct control over the process. But haven't we moved away from that attitude as a country?

We choose Senators now. The system was changed to allow greater democracy. Shouldn't the same thing be done with the electoral college?

As a system its ridiculously antiquated. The worst thing possible in the next election would be for Obama to win the popular vote and lose the election. I'm not sure we'd have a civil war over it, but I expect that the issue would end up in the courts and get strung out. Complicating the problem would be Bush's 'win' in 2000. People would not sit idly by for another 'stolen' election.

Like it or not, we expect as a people that the candidate with the most votes wins. If that's the will of the people why retain the electoral college?
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Wed Jun 25, 2008 7:28 am    Post subject: Reply with quote

Ya-ta Boy wrote:
I didn't express myself as well as I should have. It's up to the states to determine how and which electors to choose. Nebraska selects theirs proportionally. You are right that each elector has the choice in the end.


This above is not accurate. Maine and Nebraska do NOT choose electors in a proportional system.

(Actually, Yata already mentioned this as the Congressional District system in the old EC thread:
http://forums.eslcafe.com/korea/viewtopic.php?t=106177&postdays=0&postorder=asc&highlight=electoral&start=0 )

It is true that Nebraska and Maine have a different system of selecting electors. It is the system that I think would be the best way to make the electoral college more accurately reflect the desires of the voters and at the same time keep the essential federal aspects of the Electoral College System. It is actually how the Electoral College was intended to function.

The Maine and Nebraska Electoral College system of choosing electors is as follows:

The number of electors alloted to each state is equal to the aggregate number of Senators and House members alloted to that state. In Maine and Nebraska, the electors are chosen according to those districts.

In Maine, there are two House members and two Senators, so four electors. The Presidential Candidate with the most votes in the first district will elect one elector. The Presidential Candidate with the most votes in the second district will elect one elector. The Presidential Candidate with the most votes statewide will elect two electors.

In Nebraska, there are three House members and two Senators, making five electors. The winner in each of the three House districts will elect one elector, the same as in Maine. The winner statewide will elect two electors, also like Maine.


The other states should return to this system. States that are so inclined can make this improvement without waiting for the other states to take action. This would be a good change to make to the Electoral College. The winner-take-all system was adopted by states in order to give themselves more "clout." We should return to the original intent of the founders.


I agree with Yata that we should keep the Electoral College. I would encourage the states to adopt the Nebraska/Maine system of choosing the electors. Yes, gerrymandering is a problem. But, it's already a problem in creating house districts, so it's a problem that needs addressing anyway. Having some electoral votes skewed by district is an improvement over skewing the results of a whole state.


Last edited by ontheway on Wed Jun 25, 2008 9:14 am; edited 1 time in total
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Wed Jun 25, 2008 7:33 am    Post subject: Reply with quote

Czarjorge wrote:
The electoral college was originally created why? To give more power to smaller states and to keep the 'ignorant masses' from having direct control over the process. But haven't we moved away from that attitude as a country?

We choose Senators now. The system was changed to allow greater democracy. Shouldn't the same thing be done with the electoral college?

As a system its ridiculously antiquated. The worst thing possible in the next election would be for Obama to win the popular vote and lose the election. I'm not sure we'd have a civil war over it, but I expect that the issue would end up in the courts and get strung out. Complicating the problem would be Bush's 'win' in 2000. People would not sit idly by for another 'stolen' election.

Like it or not, we expect as a people that the candidate with the most votes wins. If that's the will of the people why retain the electoral college?



The 2000 election was not "stolen" from the Democrats. In every recount, including an extensive final recount undertaken by the media, Bush was the winner by a few hundred votes. As much as any of us may hate Bush, the truth is, he won the 2000 election. It was not stolen from Gore.
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Khenan



Joined: 25 Dec 2007

PostPosted: Wed Jun 25, 2008 7:50 am    Post subject: Reply with quote

ontheway wrote:
Czarjorge wrote:
The electoral college was originally created why? To give more power to smaller states and to keep the 'ignorant masses' from having direct control over the process. But haven't we moved away from that attitude as a country?

We choose Senators now. The system was changed to allow greater democracy. Shouldn't the same thing be done with the electoral college?

As a system its ridiculously antiquated. The worst thing possible in the next election would be for Obama to win the popular vote and lose the election. I'm not sure we'd have a civil war over it, but I expect that the issue would end up in the courts and get strung out. Complicating the problem would be Bush's 'win' in 2000. People would not sit idly by for another 'stolen' election.

Like it or not, we expect as a people that the candidate with the most votes wins. If that's the will of the people why retain the electoral college?



The 2000 election was not "stolen" from the Democrats. In every recount, including an extensive final recount undertaken by the media, Bush was the winner by a few hundred votes. As much as any of us may hate Bush, the truth is, he won the 2000 election. It was not stolen from Gore.


Oh sure, the media... why bother voting in the first place? We should just let Fox appoint our politicians.
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bacasper



Joined: 26 Mar 2007

PostPosted: Wed Jun 25, 2008 7:52 am    Post subject: Reply with quote

ontheway wrote:
The 2000 election was not "stolen" from the Democrats. In every recount, including an extensive final recount undertaken by the media, Bush was the winner by a few hundred votes. As much as any of us may hate Bush, the truth is, he won the 2000 election. It was not stolen from Gore.

Wrong Exclamation

November 13, 2001

Why Won�t News Organizations Just Say It?
First They Delay the News, Then They Bury It:
Gore won

George W. Bush would have lost Florida and therefore the Presidency if there had been a complete statewide recount. This is the apparent result of a review of uncounted ballots in the 2000 Presidential election. The new data, compiled by AP and seven other news organizations, suggests Bush would have won Florida only under a more selective recount of the 4 counties that were the subject of Al Gore�s legal strategy.

But this is not how the major media reported it. Virtually every newspaper in the country said the opposite: that the recount study showed Bush carried Florida.

The results of a study indicating that the wrong person is in the White House would be incredible under any circumstances, but even more so considering the fact that the US is waging a war against Afghanistan.

Listen at link to:
Guests:

Jeffrey Toobin, writes for the New Yorker, and author of �Too Close To Call: The Thirty-Six Day Battle to Decide the 2000 Election.�

Joel Engelhardt, reporter with the Palm Beach Post, one of the papers in the consortium that examined the uncounted ballots.

Kirk Walter, Senior VP at the National Opinion Research Center, which collected and analyzed the uncounted Florida ballots.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Wed Jun 25, 2008 8:01 am    Post subject: Reply with quote

George W. Bush would have lost Florida and therefore the Presidency if there had been a complete statewide recount. This is the apparent result of a review of uncounted ballots in the 2000 Presidential election. The new data, compiled by AP and seven other news organizations, suggests Bush would have won Florida only under a more selective recount of the 4 counties that were the subject of Al Gore�s legal strategy.


This is speculation.

The actual counts and recounts showed Bush won.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Wed Jun 25, 2008 9:30 am    Post subject: Reply with quote

An example of why states should follow the Maine/Nebraska system:

From an article on Obama's plans:

Quote:
Hildebrand also said Obama would campaign in part of Nebraska, which distributes its electoral votes to the winner of each individual congressional district.

�We�re going to go in and play Nebraska 2, which is Omaha and surrounding [areas], in the hopes that we can pick up that one electoral vote,� he said.
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