Jimmy Higgins
Contributor
- Joined
- Jan 31, 2001
- Messages
- 46,935
- Basic Beliefs
- Calvinistic Atheist
Please re-read what I quoted.Sheesh. States already determine the presidency, reconstruction amendment notwithstanding. If Texas went blue or California went red even by one vote, it would give the presidency to that respective president. If they're concerned with representation, let's have a popular vote, eh?I wanted to share this as it was a point I raised earlier.
Libs of SCOTUS concurring said:The contrary conclusion that a handful of officials in a few States could decide the Nation’s next President would be especially surprising with respect to Section 3. The Reconstruction Amendments “were specifically designed as an expansion of federal power and an intrusion on state sovereignty.” City of Rome v. United States, 446 U. S. 156, 179(1980). Section 3 marked the first time the Constitution placed substantive limits on a State’s authority to choose its own officials. Given that context, it would defy logic for Section 3 to give States new powers to determine who may hold the Presidency. Cf. ante, at 8 (“It would be incongruous to read this particular Amendment as granting the States the power—silently.
The point is the 14th Amendment was a rescinding of states' rights, not an expansion. To say that the state is allowed to use the 14th Amendment as they please is inherently conflicting with the whole reason it was created in the first place.