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To: TimPatriot

The National Popular Vote movement began in 2006.

Many people wrongly believe the presidential election system we have today is in the Constitution, and think that any change would need an amendment. But state-by-state winner-take-all laws to award electoral college votes, are an example of state laws eventually enacted by states, using their exclusive power to do so, AFTER the Founding Fathers wrote the Constitution, Now our current system can be changed by state laws again.

Unable to agree on any particular method, the Founding Fathers left the choice of method for selecting presidential electors exclusively to the states by adopting the language contained in section 1 of Article II of the U.S. Constitution — “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors . . .” The U.S. Supreme Court has repeatedly characterized the authority of the state legislatures over the manner of awarding their electoral votes as “plenary” and “exclusive.”

The constitution does not prohibit any of the methods that were debated and rejected. Indeed, a majority of the states appointed their presidential electors using two of the rejected methods in the nation’s first presidential election in 1789 (i.e., appointment by the legislature and by the governor and his cabinet). Presidential electors were appointed by state legislatures for almost a century.

Neither of the two most important features of the current system of electing the President (namely, universal suffrage, and the 48 state-by-state winner-take-all method) are in the U.S. Constitution. Neither was the choice of the Founders when they went back to their states to organize the nation’s first presidential election.

In 1789, in the nation’s first election, the people had no vote for President in most states, only men who owned a substantial amount of property could vote, and only three states used the state-by-state winner-take-all method to award electoral votes.

The current 48 state-by-state winner-take-all method (i.e., awarding all of a state’s electoral votes to the candidate who receives the most popular votes in a particular state) is not entitled to any special deference based on history or the historical meaning of the words in the U.S. Constitution. It is not mentioned in the U.S. Constitution, the debates of the Constitutional Convention, or the Federalist Papers. The actions taken by the Founding Fathers make it clear that they never gave their imprimatur to the winner-take-all method.

The constitutional wording does not encourage, discourage, require, or prohibit the use of any particular method for awarding the state’s electoral votes.

As a result of changes in state laws enacted since 1789, the people have the right to vote for presidential electors in 100% of the states, there are no property requirements for voting in any state, and the state-by-state winner-take-all method is used by 48 of the 50 states. States can, and frequently have, changed their method of awarding electoral votes over the years. Maine and Nebraska do not use the winner-take-all method— a reminder that an amendment to the U.S. Constitution is not required to change the way the President is elected.

The normal process of effecting change in the method of electing the President is specified in the U.S. Constitution, namely action by the state legislatures. This is how the current system was created, and this is the built-in method that the Constitution provides for making changes.


74 posted on 05/19/2011 8:55:12 PM PDT by mvymvy
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To: mvymvy
NPV is meant to diminish the impact of the electoral college, i.e., federalism. It gives more power and influence to urban areas and big states. Under the present system, states like Maine and Nebraska can allocate their electoral votes anyway they want. Under NPV, the states have less power because we have, in effect, shifted to the direct election of the President and Vice President.

Candidates will focus their limited money and effort on major urban areas because it is more cost effective. The vast majority of urban areas are Democrat and getting more so. This gives the Dems more power and helps them in terms of voter fraud, to not only determine the outcome of state results, but national results as well.

NPV would be a disaster for Reps and the nation given the rapidly changing demographics of this country. By 2019 half of the children 18 and under will be minorities and by 2039, half of the country will be minorities.

The U.S. adds one international migrant (net) every 36 seconds. Immigrants account for one in 8 U.S. residents, the highest level in more than 80 years. In 1970 it was one in 21; in 1980 it was one in 16; and in 1990 it was one in 13. In a decade, it will be one in 7, the highest it has been in our history. And by 2050, one in 5 residents of the U.S. will be foreign-born. Immigrants and minorities vote Democrat.

Immigration, Political Realignment, and the Demise of Republican Political Prospects

111 posted on 05/20/2011 7:25:02 AM PDT by kabar
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