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Journal by DeathMonkey

Good news everybody!

Hillary Clinton will be an Electoral College Elector for NY

Aren't you glad to know that your votes don't actually count and that Hillary Clinton is one of mere 538 people in the United States whose vote actually does count?

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The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
  • (Score: 0) by Anonymous Coward on Thursday October 29 2020, @05:29AM (3 children)

    by Anonymous Coward on Thursday October 29 2020, @05:29AM (#1070253)

    United States Constitution, 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, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

  • (Score: 0) by Anonymous Coward on Thursday October 29 2020, @05:41AM

    by Anonymous Coward on Thursday October 29 2020, @05:41AM (#1070257)

    Ballot initiatives and article V convention! No compact is involved other than the mutual interests of states that have passed similar ballot initiatives, such as cannabis legalization. However, usually when an article V convention is imminent, Congress will amend the Constitution first to save face. Consider the history of alcohol prohibition from a several states viewpoint. Either way ballot initiatives are the way to go, and some forward-looking state legislatures will even pass similar laws on their own.

  • (Score: 1, Informative) by Anonymous Coward on Thursday October 29 2020, @05:53AM (1 child)

    by Anonymous Coward on Thursday October 29 2020, @05:53AM (#1070262)

    Additionally, for this specific issue, allow me to also quote scripture. Article II, Section 1, Clause 2:

    Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

    Each state has the authority to determine how its electors are appointed, and no compact is involved if this manner depends on the national popular vote. Theoretically Jo20 could get 1 elector from a state appointing electors in such a manner.

    • (Score: 2) by DeathMonkey on Thursday October 29 2020, @04:36PM

      by DeathMonkey (1380) on Thursday October 29 2020, @04:36PM (#1070415) Journal

      "Compact" is one of those words that has different meaning in different contexts.

      Compact used as a legal term really just means a contract. [thefreedictionary.com]

      COMPACT, contracts. In its more general sense, it signifies an agreement. In its strict sense, it imports a contract between parties, which creates obligations and rights capable of being enforced, and contemplated as such between the parties, in their distinct and independent characters. Story, Const. B. 3, c. 3; Rutherf. Inst. B. 2, c. 6, Sec. 1. 2.

      NPV is using the general sense.
      Passing a law that says "From now on our electors go to the winner of the national popular vote" does not meet the strict sense. There's no exchange, there's no enforcement, there's no contract.