This is part of the ISL theory that is wackier than your average Trump ad lib.
this post was submitted on 31 Jan 2024
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The Supreme Court would be all over this. No way this could actually become law. Not even remotely.
The Supreme Court would be all over this. No way this could actually become law. Not even remotely.
The Constitution has already left it to the states to pick their own elector by whatever means that state chooses. I wrote a much more detailed comment in a prior discussion if you're interested, but put simply, Article 2 of the US Constitution is what governs the election of the executive branch (the president). Specifically, 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
Individual voters do not elect the President. The Electoral College does. The states use the votes of individual voters to appoint its Electors, and then the Electors go to Congress and have their votes counted.
Incidentally, this is why Trump was desperate to get Pence out of the way on January 6, as the Vice President is the President of the Senate and without him, there is no constitutional transfer of power. See Clause 3:
The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted.
There's really nothing for the Supreme Court to decide here, because constitutionally Arizona gets to pick its own electors however it wants, UNLESS someone challenges Arizona and makes it the Supreme Court's business to offer a ruling.
Well Texas has set a precedent that states can now ignore their rulings, so...
But think of the savings!