2016 Postmortem

Jim Lane

(11,175 posts)

5. Presumably the argument is that the Electoral College violates the Equal Protection Clause

Fri Dec 9, 2016, 04:23 AM

Dec 2016

Something that's "right there in" the Constitution as drafted in 1787 can be changed when we pass an amendment, as you recognize. It's not completely ludicrous to say that the Electoral College is inconsistent with the principles of the Fourteenth Amendment.

The biggest problem for this argument is a longstanding principle of construction: Repeals by implication are not favored. Particularly with something as momentous as the election of the President, it's too much of a stretch to read the fairly general language of the Fourteenth Amendment as impliedly repealing the specific procedures set forth in Article II.

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Hillary Clinton could have legal right to challenge electoral college system [View all] The Sushi Bandit Dec 2016 OP

The electoral college is part of the Constitution, it is by definition Constitutional Amishman Dec 2016 #1

Other parts of the Constitution can override the Electoral College. Equal justice. Coyotl Dec 2016 #4

Presumably the argument is that the Electoral College violates the Equal Protection Clause Jim Lane Dec 2016 #5

Maine and Nebraska HassleCat Dec 2016 #2

you are conflating assigning EV's per congressional district with actual proportional representation Grey Lemercier Dec 2016 #7

That's the way it is now. HassleCat Dec 2016 #9

K&R red dog 1 Dec 2016 #3

Maybe she could, but she won't. I'd just about stake my life on it. Crunchy Frog Dec 2016 #6

She's not even challenging the Michigan vote totals, which by accounts reported had a huge amount... dmosh42 Dec 2016 #8

Please someone actually read sarisataka Dec 2016 #10