Latest Threads
Latest
Greatest Threads
Greatest
Lobby
Lobby
Journals
Journals
Search
Search
Options
Options
Help
Help
Login
Login
Home » Discuss » Journals » Land Shark » Read entry Donate to DU
Advertise Liberally! The Liberal Blog Advertising Network
Advertise on more than 70 progressive blogs!
Land Shark's Journal
Posted by Land Shark in General Discussion (1/22-2007 thru 12/14/2010)
Wed Sep 01st 2010, 10:54 AM
If a legislature chooses election as the method for its presidential electors, there most certainly is a fundamental right to vote FOR PRESIDENT and there always is on other races. After the Civil War, choosing electors other than by election is virtually unheard of, and is unheard of after 1900. What the Supreme Court is doing here is just explaining how the constitutional electoral college works:

"The individual citizen has no federal constitutional right to vote for electors for the President of the United States unless and until the state legislature chooses a statewide election as the means to implement its power to appoint members of the Electoral College. U.S. Const., Art. II, §1. This is the source for the statement in McPherson v. Blacker, 146 U.S. 1, 35 (1892), that the State legislature’s power to select the manner for appointing electors is plenary; it may, if it so chooses, select the electors itself, which indeed was the manner used by State legislatures in several States for many years after the Framing of our Constitution. Id., at 28—33. History has now favored the voter, and in each of the several States the citizens themselves vote for Presidential electors. When the state legislature vests the right to vote for President in its people, the right to vote as the legislature has prescribed is fundamental; and one source of its fundamental nature lies in the equal weight accorded to each vote and the equal dignity owed to each voter. The State, of course, after granting the franchise in the special context of Article II, can take back the power to appoint electors. See id., at 35 (“here is no doubt of the right of the legislature to resume the power at any time, for it can neither be taken away nor abdicated”) (quoting S. Rep. No. 395, 43d Cong., 1st Sess.)." http://www.law.cornell.edu/supct/html/00-9...
Discuss (1 comments)
Blogroll
DU Journals
Other Blogs
Greatest Threads
The ten most recommended threads posted on the Democratic Underground Discussion Forums in the last 24 hours.
My Forums
Democratic Underground forums and groups from my "My Forums" list.
Visitor Tools
Use the tools below to keep track of updates to this Journal.
Random Journal
Random Journal
 
Home  |  Discussion Forums  |  Journals  |  Campaigns  |  Links  |  Store  |  Donate
About DU  |  Contact Us  |  Privacy Policy
Got a message for Democratic Underground? Click here to send us a message.