Tom Perez Says ‘Electoral College Is Not a Creation of the Constitution’ (It Is.)

Washington Free Beacon ^ | 10/26/17 | Brent Scher

[hal ogen]

This Perez is a typical DIM “leader “. What an anti -American oaf...and loser.

[Jim Noble]

There is no national popular vote. The vote is by the states

Please show me where, in the Constitution, there is ANYTHING about a popular vote in the States for the purposes of choosing the President.

[Jvette]

There isn’t

[Political Junkie Too]

...democrats will be in court so fast trying to get a federal judge to throw out their own state compact as unconstitutional and free up the states to appoint electors based on the state by state vote.

That would be fun to watch.

As long as the states got prior Congressional consent via Article I Section 10, a court cannot throw out en masse the valid legislations of each and every state that entered into the compact.

Democrats would either have to claim that one or more states failed to meet the qualifications of the compact in some way (faulty legislation?) which then results in the overall compact falling short of the triggering threshold, and then rebut arguments that faulty state legislation is moot if Congress ultimately consents to the compact.

In any case, this couldn't be done in time for the certification of the Electoral College result, given that 270 EV's worth of states would have to be involved in the court proceedings.

If such a compact were to actually occur, it would be prudent for a non-compact state challenge its constitutionality in the Supreme Court. If it survives this challenge, then that would set the precedent for later claims trying to undo it by saying that it was litigated and held up once already.

-PJ