Waterloo for the National Popular Vote movement?

American Thinker ^ | 06/10/2019 | J.R. Dunn

[Taxman]

Thanks for posting!

This is what happens when LIEberal Democrats are in power; let this be fair warning to ALL AMERICANS!

A vote for ANY Democrat, whether it be in a local, state or federal election, is a vote against America!

America cannot survive a Democrat victory in 2020!

[SunkenCiv]

The compact has 81 votes to go, a circumstance that has caused some on the right to go into their customary “it’s all over… it’s too late… nothing can be done…” act. This is not surprising – many of them start screaming “it’s too late” every time there’s a loud noise.

[DoughtyOne]

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[shanover]

I think it’s inevitable that the blue rot is winning and that the GOP may never see another Republican win a national election.

[Alberta's Child]

Election Day in 2020 will be on November 3rd. The Electoral College will then meet on December 14th to formally elect the President.

That means there is a period of about six weeks in the calendar for the legislature of any state that passed a stupid "National Popular Vote" statute to change its mind and rescind it.

THIS -- not the Constitutionality of the NPV measure -- is the biggest flaw in this silly conversation over a national popular vote. These agreements are completely unenforceable across state lines, so there is no purpose -- other than virtue-signaling and political pandering -- for a legislature to pass such a measure.

[elcid1970]

The elector could be compelled by a brick through his living room window, especially in New Jersey.

[Lmo56]

The ONLY way I see the NPV as constitutional is if the states in the NPV Compact took away the vote from their citizens. They could then award their electoral votes to the winner of the NPV.
OF COURSE, their citizens WOULD NOT participate in the NPV vote count. DEMs might not like it, but IT WOULD be constitutional.

Assuming the NPV in its current form was ever invoked, it would certainly end up before SCOTUS. The QUESTION is whether states can allow outside influences [such as other state’s votes] determine the award of their electoral college votes.
BECAUSE, in doing so the states dilute and debase their own citizens votes.

In order for the NPV to prevail at SCOTUS [as currently written], NPV proponents would have to win four [possibly five] arguments:

1. That the NPV DID NOT violate the Interstate Compact Clause of the United States Constitution [Article I, Section X, Clause III].

2. That when a state legislature vests the right to vote for President in its people, the NPV DID NOT USURP the equal weight accorded to each vote and the equal dignity owed to each voter [Bush v. Gore, 2000].

3. That having once granted the right to vote on equal terms, the NPV DID NOT value one person’s vote over that of another [Harper v. Virginia Bd. of Elections, 1966].

4. That once the franchise is granted to the electorate, the NPV DID NOT draw lines which are inconsistent with the Equal Protection Clause of the Fourteenth Amendment and that the right of suffrage WAS NOT 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, 1964].

5. IF SCOTUS were to rule that once the right to vote was granted to the citizens of a State, the votes were considered free speech, the NPV would have to prove it DID NOT violate the 1st Amendment.

[VanShuyten]

Yes. For those who haven’t read it, it’s clear.

United States Constitution [Article I, Section X, Clause III]:

“No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.”

[arthurus]

I assume that no state that is likely to vote Republican will join the Conspiracy so it will not make a difference.

[Amendment10]

Thank you for referencing that article SeekAndFind. As usual, please bear in mind that the following critique is directed at the article and not at you.

PATRIOTS WAKE UP!

First, since the individual sovereign states, not Congress, officially recognize political parties, how do the political parties, including Democratic and Republican, not violate the Founding States' prohibition on congressionally unauthorized compacts between the states?

• "Article I, Section 10, Clause 3: No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State [emphasis added], or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay."

• "The first statewide primary was held 1899 in Minnesota. […] The first presidential primary election was organised [sic] in 1901 in Florida." —History of United States Presidential Primary, February 9, 2016, News Post Daily.

Corrections, insights welcome.

Next, today's concern for the integrity of the Electoral College is a day late and a dollar short imo. As a consequence of most patriots today growing up with constitutionally undefined election primaries, we nostalgically accept that primaries are somehow constitutional.

But the reality is, in their lust to keep and exercise state powers that the corrupt, post-17th Amendment ratification feds have stolen from the states, the likewise corrupt political parties have long since trashed much of the Constitution's 12th Amendment procedures for Electoral College.

For example, in stark contrast to unconstitutional political party state compacts limiting voting choices for a electors to political party nominees, one part of the 12th Amendment (12A) shows that the Founding States gave state electors the power to vote for anybody that they want to for president and vice president.

Excerpted from the 12th Amendment: "The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President [emphasis added], and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice- President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; […]"

Also, in stark contrast to politically party winner-take-all state compacts for electoral votes, consider that another part of 12A shows that the Founding States effectively prohibited the states from making winner-take-all laws for electoral votes imo.

"The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice- President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate [emphasis added]; […]"

The remedy for unconstitutional, anti-constitutional republic, political party influence in federal elections…

Patriots need to elect a new patriot Congress in the 2020 elections that will not only promise to support PDJT's vision for MAGA, but will also promise to surrender state powers that the feds have been stealing from the states back to the states and start enforcing 12A.

And to make such changes permanent, patriots also need to support PDJT in leading the states states to repeal the 16th and ill-conceived 17th Amendments.

Remember in November 2020!

MAGA!

• "The “Holy Grail” of organized crime is to control government power to tax." —me

• "The constitutionally undefined political parties are basically rival, corrupt voter unions, “union dues” paid by means of unconstitutional federal taxes.” —me

• "The smart crooks long ago figured out that getting themselves elected to federal office to make unconstitutional tax laws to fill their pockets is a much easier way to make a living than robbing banks." —me

• "Federal career lawmakers probably laugh all the way to the bank to deposit bribes for putting loopholes for the rich and corporations in tax appropriations laws, Congress actually not having the express constitutional authority to make most appropriations laws where domestic policy is concerned. Such laws are based on stolen state powers and uniquely associated stolen state revenues." —me

AGAIN, PATRIOTS WAKE UP!

[Midwesterner53]

One chamber in NC, Ark and OK passed this thing?????