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Many think we should abolish the electoral college. I’m not convinced that we should. Properly understood, the electors can serve an important function. What if the people elect a Manchurian candidate? Or a child rapist? What if evidence of massive fraud pervades a close election?It is a useful thing to have a body confirm the results of a democratic election — so long as that body exercises its power reflectively and conservatively. Rarely — if ever — should it veto the people’s choice. And if it does, it needs a very good reason.
There is not. And indeed, there is an especially good reason for them not to nullify what the people have said — the fundamental principle of one person, one vote. We are all citizens equally. Our votes should count equally. And since nothing in our Constitution compels a decision otherwise, the electors should respect the equal vote by the people by ratifying it on Dec. 19.
"The framers left the electors free to choose. They should exercise that choice by leaving the election as the people decided it: in Clinton’s favor."
originally posted by: Gothmog
a reply to: spiritualzombie
Which would absolutely go against the Constitution and the Electoral college
Done
next
originally posted by: Diisenchanted
a reply to: spiritualzombie
Yes it does.
Your opinion doesn't count.
The constitutionality of state pledge laws was confirmed by the Supreme Court in 1952 in Ray v. Blair[8] in a 5–2 vote. The court ruled states have the right to require electors to pledge to vote for the candidate whom their party supports, and the right to remove potential electors who refuse to pledge prior to the election. The court also wrote:
However, even if such promises of candidates for the electoral college are legally unenforceable because violative of an assumed constitutional freedom of the elector under the Constitution, Art. II, § 1, to vote as he may choose in the electoral college, it would not follow that the requirement of a pledge in the primary is unconstitutional (emphasis added).[8]
The ruling only held that requiring a pledge, not a vote, was constitutional and Justice Jackson wrote in his dissent, "no one faithful to our history can deny that the plan originally contemplated what is implicit in its text – that electors would be free agents, to exercise an independent and nonpartisan judgment as to the men best qualified for the Nation's highest offices." More recent legal scholars believe "a state law that would thwart a federal elector’s discretion at an extraordinary time when it reasonably must be exercised would clearly violate Article II and the Twelfth Amendment."[9]
The Supreme Court has never ruled on the constitutionality of state laws punishing electors for actually casting a faithless vote.
SOURCE
originally posted by: spiritualzombie
originally posted by: Gothmog
a reply to: spiritualzombie
Which would absolutely go against the Constitution and the Electoral college
Done
next
It absolutely does not go against the Constitution nor the Electoral College. The Electors choose who they vote for. They were designed not to dictate the vote but as a safeguard if the people's vote was not in alignment with democratic values. To vote for Hillary Clinton with be to uphold the principles of democracy and equal citizenship.