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To: cripplecreek
The pro popular vote troll will be along shortly to pimp whatever his script tells him to say. (mvymvy)

That guy/gal is a maroon. I had running battle with him/her in another thread until I was able to shut him/her up with some DEFINITIVE SCOTUS citations.

Specifically, in Reynolds v. Sims:

"When a State exercises power wholly within the domain of state interest, it is insulated from federal judicial review. But such insulation is not carried over when state power is used as an instrument for circumventing a federally protected right. [n42] [p567] To the extent that a citizen's right to vote is debased, he is that much less a citizen."

The NPV extends to the 50 states [plus DC] power over the states that participate in the NPV. Specifically, a state [in the NPV] that votes ONE WAY in popular vote WILL give it's electoral votes to that candidate BUT ONLY if the OTHER 49 states [plus DC] allow it to do so by having THAT candidate ALSO win THEIR popular votes [collectively].

OTHERWISE, the popular votes of THAT state will be ESSENTIALLY DISQUALIFIED and the state's electoral votes are awarded to the candidate that LOST the popular vote within the state.

The NPV runs counter to Reynolds v. Sims in that the OTHER states' powers ARE NOT insulated WITHIN their jurisdictions and are EXTENDED to influence states beyond their borders. THUS, the plenary right of a state [participating in the NPV] to choose the method of selecting it's electors IS subject to judicial review.

Since ALL of the states currently grant their citizens the right to vote for their electors, 14th Amendment Equal Protection rights apply:

Specifically, in Bush v. 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 (1892), that 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. When the 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 (“[T]here is no doubt of the right of the legislature to resume the power at any time, for it can neither be taken away nor abdicated”) (quoting S. Rep. No. 395, 43d Cong., 1st Sess.).”

”The right to vote is protected in more than the initial allocation of the franchise. Equal protection applies as well to the manner of its exercise. Having once granted the right to vote on equal terms, the State may not, by later arbitrary and disparate treatment, value one person's vote over that of another. See, e.g., Harper v. Virginia Bd. of Elections, 383 U.S. 663, 665 (1966) (“[O]nce the franchise is granted to the electorate, lines may not be drawn which are inconsistent with the Equal Protection Clause of the Fourteenth Amendment”). It must be remembered that “the right of suffrage can be denied by a debasement or dilution of the weight of a citizen’s vote just as effectively as by wholly prohibiting the free exercise of the franchise.” Reynolds v. Sims, 377 U.S. 533, 555 (1964).”

Again, from Reynolds v. Sims:

"Undeniably, the Constitution of the United States protects the right of all qualified citizens to vote, in state as well as in federal, elections. A consistent line of decisions by this Court in cases involving attempts to deny or restrict the right of suffrage has made this indelibly clear. It has been repeatedly recognized that all qualified voters have a constitutionally protected right to vote, Ex parte Yarbrough, 110 U.S. 651, and to have their votes counted, United States v. Mosley, 238 U.S. 383. In Mosley, the Court stated that it is "as equally unquestionable that the right to have one's vote counted is as open to protection ... as the right to put a ballot in a box." 238 U.S. [p555] at 386. The right to vote can neither be denied outright, Guinn v. United States, 238 U.S. 347, Lane v. Wilson, 307 U.S. 268, nor destroyed by alteration of ballots, see United States v. Classic, 313 U.S. 299, 315, nor diluted by ballot box stuffing, Ex parte Siebold, 100 U.S. 371, United States v. Saylor, 322 U.S. 385. As the Court stated in Classic,

"Obviously included within the right to choose, secured by the Constitution, is the right of qualified voters within a state to cast their ballots and have them counted."

"The idea that every voter is equal to every other voter in his State, when he casts his ballot in favor of one of several competing candidates, underlies many of our decisions."

"No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, even the most basic, are illusory if the right to vote is undermined. Our Constitution leaves no room for classification of people in a way that unnecessarily abridges this right. [n38]"

"We do not believe that the Framers of the Constitution intended to permit the same vote-diluting discrimination to be accomplished through the device of districts containing widely varied numbers of inhabitants. To say that a vote is worth [p564] more in one district than in another would ... run counter to our fundamental ideas of democratic government. [n41]"

The ESSENTIAL EFFECT of the NPV is to PROVISIONALLY grant a citizen [in a state participating in the NPV] the right to choose the state's electors, BUT ONLY IF the majority of the voters in the rest of the United States agrees with it. OTHERWISE, the state will DISENFRANCHISE the voter from making an independent choice.

This is where the NPV FAILS the 14th Amendment Equal Protection Clause test and WHY the NPV is likely to be ruled unconstitutional [if NPV ever goes into effect].

63 posted on 02/02/2012 3:14:38 PM PST by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: Lmo56

Called it. LOL


66 posted on 02/02/2012 3:35:27 PM PST by cripplecreek (What does it profit a man if he gains the whole world but loses his soul?)
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