CNN Pushes Electors To Be Faithless

For the past month, as you’ve certainly seen, it’s been all the rage within the Democrat community to try and get enough members of the Electoral College to become faithless, which would, at a minimum, send the election to the House of Representatives which would then vote to pick someone. Which would be Trump, really, since they have to chose from those who were running. Their real objective, which they work to deny, is to get enough to switch to make Hillary president.

CNN features yet another of these missives by Scott Piro, supposedly an “Independent” (uh huh), with the typical tag about this not necessarily reflecting the views of CNN. If the shoe was reversed, would CNN be running this type of opinion piece, or would they be shooting down the notion of faithless electors?

It’s time for the Electoral College to fall on its sword

Amid the last month’s exhausting drama around Cabinet picks and presidential tweetstorms, one date stands out — December 19, the day the Electoral College picks our next president.

As hope from Jill Stein’s recount fades for Hillary Clinton’s supporters, another Hail Mary chance to thwart Donald Trump’s presidency has taken its place: that enough members of the Electoral College sworn to vote for Trump will break their pledge and vote to elect an alternate candidate.

America needs 37 “faithless electors” from states Trump won to do this in order to drop him below the 270 threshold and block him from automatically winning the White House. (snip)

There is still one idea with the power not only to end a Trump administration, but also to eradicate democracy’s ugliest anachronism — the Electoral College. Thirty-eight faithless electors from states Trump won switching their votes to Clinton would do it. Regardless of your political affiliation, it would be the best possible thing for America in the long run.

How would this be the best thing? Trump won fair and square according to the rules as set up by the Constitution. The Washington Post’s Charles Lane lays out why the system works. And, let’s face it, if this happens, and Trump doesn’t end up president, do all these sore losers think there will be no consequences? Especially if Hillary wins? The words “violent insurrection” and “rebellion” come to mind.

The Electoral College has contradicted the popular vote in two of the last five presidential elections, electing a Republican president in both those splits. Not surprisingly, many Democrats already favor abolishing it. The system favors the GOP because too many liberal voters live in too few (primarily coastal) states.

Can’t run this type of piece without a Florida 2000 whine.

Swing voters, centrists and moderate Republicans, you have less than a week to join fed-up Democrats in raising hell to persuade 38 Trump electors to vote for Clinton, putting enough pressure on them that they risk whatever fallout may come from their actions. In the short term, it would elect Hillary Clinton, whom you may not support. But in the long run, it’s the only way to take our democracy back. Make the federal government acknowledge we are smart enough to elect our own president.

“you have less than a week to join sore loser Democrats…..it’s the only way to take our democracy back.” Who are they taking their “democracy” back from? The guy who spent time working the people on the ground and earned their votes, as opposed to the woman who spent her time at fundraisers with the 1%ers Democrats say they hate? The guy who worked the system and won? The guy who played by the rules? Democrats are simply setting themselves up to be sore losers for at least the next 4 years.

Crossed at Right Wing News.

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104 Responses to “CNN Pushes Electors To Be Faithless”

  1. Zachriel says:

    No one faithful to our history can deny that the plan originally contemplated what is implicit in its text — that electors would be free agents, to exercise an independent and nonpartisan judgment as to the men best qualified for the Nation’s highest offices. Certainly, under that plan, no state law could control the elector in performance of his federal duty, any more than it could a United States Senator who also is chosen by, and represents, the State.

  2. drowningpuppies says:


    In their order, the judges said any attempt by Colorado Secretary of State Wayne Williams to remove electors “after voting has begun” would be “unlikely in light of the text of the Twelfth Amendment.”

    The AG cannot override how electors are regulated by the state legislature under Article II, Section I, Clause 2 of the Constitution.

    Y’all tend to repeat yourselves.
    Then y’all don’t remember what y’all wrote.
    Then y’all move the goalposts when y’all are proven wrong.
    Then y’all want to continue to argue.
    Fuck y’all, pajama boys.
    Have another steaming cup of STFU.

  3. Zachriel says:

    drowningpuppies: The AG cannot override how electors are regulated by the state legislature under Article II, Section I, Clause 2 of the Constitution.

    It has nothing to do with whether the Attorney General is correctly applying Colorado law or not. The 10th Circuit referred to the 12th Amendment. They said removing electors or regulating how they vote is “unlikely in light of the text of the Twelfth Amendment,” citing also Ray v. Blair.

    In other words, they are making the same argument we have made.

  4. Zachriel says:

    This is our original contention: Under the current system, electors can vote for anyone they want, and it’s not clear that state laws can bind them. You said this position was “nonsense”, yet it is supported by sixty years of case law.

  5. gitarcarver says:

    The 10th circuit just indicated in a decision that removing electors, or restricting their electoral independence is probably not constitutional. In their order, the judges said any attempt by Colorado Secretary of State Wayne Williams to remove electors “after voting has begun” would be “unlikely in light of the text of the Twelfth Amendment.” They also cited Ray v. Blair.

    Apparently you failed to read the ruling and instead relied on news reports. The 10th Circuit denied the plaintiffs claims to vote for the candidate they choose. They denied them straight across the board.

    In fact, the court ruled that once the pledge was signed, the electors had a legal duty to abide by it.

    They have no right to vote for whom they want. The part you are talking about is the timing of the CO State Attorney’s actions which if he seeks to remove electors while the voting takes place, would be a violation of the 12th Amendment. As is stands now, the Court ruled the electors are bound by their pledge.

    A white Protestant-only covenant, very common in the 20th century, is a prominent counterexample.

    I am sorry, but this is such a ridiculous argument.

    It’s not so much that you are wrong, or refuse to look at your own views skeptically, but that you rely so much upon your certainty that you feel the need to sputter insults.

    Actually, you are wrong again. You have a tendency to stick with your arguments that have been disproven or at the very least, lie about supporting documentation. No one is “sputtering insults,” but rather noting that you act in a manner where that is not conducive to any discussion. You maintained that “moot” did not mean “inconsequential” and when shown that it did, you continued down that same path.

    You seem to be adverse to looking at facts and instead look to misrepresent ideas such as:

    The 10th circuit late Friday indicated that removing electors, or restricting their electoral independence is probably not constitutional.

    They did no such thing. The 10th Circuit denied the electors lawsuit to vote for whom they choose. What was “probably not Constitutional” was the timing of the CO AG’s actions if he sought to remove the electors during the electoral college vote. The 12th Amendment deals with the procedures of the Electoral College, and not the votes itself.

    In other words, you ran with a lie because once again you don’t either know how to read and understand legal opinions or are so desperate to make a point that you cherry pick and take things out of context to show the exact opposite of what is stated in context.

    Y’all tend to ignore arguments.

    The only person ignoring arguments here is you.

  6. gitarcarver says:

    It has nothing to do with whether the Attorney General is correctly applying Colorado law or not.

    That was part of the basis of the request for the injunction.

    Here’s the relevant part:

    Whether that statute also affords the State with authority to remove an elector after voting has begun is not a question that has been posed by plaintiffs to either the district court or this court.4

    4 And we deem such an attempt by the State unlikely in light of the text of the Twelfth Amendment.

    They said removing electors or regulating how they vote is “unlikely in light of the text of the Twelfth Amendment,” citing also Ray v. Blair.

    They said no such thing:

    Plaintiffs argue that Colo. Rev. Stat. § 1-4-304(5) violates Article II and the
    Twelfth Amendment by rendering electors superfluous. In making this argument,
    however, plaintiffs fail to quote any of these provisions of the Constitution. And, more
    importantly, they fail to point to a single word in any of these provisions that support their
    position that the Constitution requires that electors be allowed the opportunity to exercise
    their discretion in choosing who to cast their votes for.2 We conclude that this failure is
    fatal at this stage of the litigation. As noted, it is plaintiffs’ burden to establish a
    likelihood of success on appeal. By failing to point us to any language in the Constitution
    that would support their position, we conclude they have failed to meet their burden.3

    In other words, they are making the same argument we have made.

    Maybe. But the what you are missing is the Court shot down those arguments.

    This is our original contention: Under the current system, electors can vote for anyone they want, and it’s not clear that state laws can bind them.

    And the Court rejected that contention.

    It is amazing that you continue to argue that the Court ruled in favor when it did not.

    You said this position was “nonsense”, yet it is supported by sixty years of case law.

    It is so “supported by 60 years of case law” that the 10th Circuit rejected every claim by the plaintiffs who were arguing exactly what you tried to say.

  7. Zachriel says:

    drownpuppies: They have no right to vote for whom they want.

    10th Circuit: This is not to say that there is no language in Article II or the Twelfth 3 Amendment that might ultimately support plaintiffs’ position. See Ray v. Blair, 343 U.S. 214, 232 (1952) (“No one faithful to our history can deny that the plan originally contemplated, what is implicit in its text, that electors would be free agents, to exercise an independent and nonpartisan judgment as to the men best qualified for the Nation’s highest offices.” (emphasis added)).

  8. gitarcarver says:

    10th Circuit: This is not to say that there is no language in Article II or the Twelfth 3 Amendment that might ultimately support plaintiffs’ position. See Ray v. Blair, 343 U.S. 214, 232 (1952) (“No one faithful to our history can deny that the plan originally contemplated, what is implicit in its text, that electors would be free agents, to exercise an independent and nonpartisan judgment as to the men best qualified for the Nation’s highest offices.” (emphasis added)).

    But the Court rejected that as an absolute and agreed that the electors had a duty to vote as they pledged.

    Either that, or you are arguing that the Court denied the injunction knowing their ruling would be against the Constitution.

    Once again, you really don’t have a clue as to how rulings are issued and their meanings and structure.

  9. gitarcarver says:

    BTW- to show the ridiculousness of this:

    A white Protestant-only covenant, very common in the 20th century, is a prominent counterexample.

    Does the Congressional Black Caucus know that according to the learned Zachriel they are breaking the law and cannot enforce that agreement?

  10. Zachriel says:

    drownpuppies: But the Court rejected that as an absolute and agreed that the electors had a duty to vote as they pledged.

    Notably, we keep citing specific statements, while you wave your hands in the general direction.

    What the 10th Circuit did was reject the plaintiff’s arguments because they didn’t properly address the Constitution, but then said such an argument may ultimately prevail. “No one faithful to our history can deny that the plan originally contemplated, what is implicit in its text, that electors would be free agents, to exercise an independent and nonpartisan judgment as to the men best qualified for the Nation’s highest offices.”

  11. drowningpuppies says:

    Y’all still keep losing your argument, even by using your own words.

    drownpuppies: They have no right to vote for whom they want.

    I didn’t write that.

    QED, motherfuckers.

  12. drowningpuppies says:


    drownpuppies: But the Court rejected that as an absolute and agreed that the electors had a duty to vote as they pledged.

    I didn’the write that either.
    Get your quotes straight.

  13. Zachriel says:

    drowningpuppies: I didn’t write that.

    Sorry for the misattribution. In the last two comments, they should have been attributed to gitarcarver.

  14. gitarcarver says:

    Notably, we keep citing specific statements, while you wave your hands in the general direction.

    Notably, we have addressed and given direct quotes to rebut your statements.

    You take things out of context and make them as some sort of ruling.

    What the 10th Circuit did was reject the plaintiff’s arguments because they didn’t properly address the Constitution, but then said such an argument may ultimately prevail.

    Sorry, that is not correct either. The Court rejected their arguments because the plaintiffs raised no Constitutional issues on which they would likely prevail in a full hearing.

    From the opinion:

    Plaintiffs’ emergency motion for injunction pending appeal is DENIED.

    No matter how much you quote a note, that note did not fit in with the decision that went against the plaintiffs arguing your very points.

    They lost.

    So did you.

    It is also interesting to note that the plaintiffs in this case are pledged to vote for Clinton – not Trump. Even they think that Clinton is not good enough to be President.

  15. gitarcarver says:

    Y’all tend to ignore arguments.

    See my posts at 2016-12-18 13:47:48 , 2016-12-18 13:56:05 , 2016-12-18 14:23:17 , and 2016-12-18 14:29:11. All the posts reject for stated reasons (giving citations) as to why your assertions are wrong.

    No one is ignoring arguments but you.

  16. Zachriel says:

    gitarcarver: The Court rejected their arguments because the plaintiffs raised no Constitutional issues on which they would likely prevail in a full hearing.

    That’s right! They then noted that the plaintiff’s might very well ultimately prevail, citing Ray v. Blair.

  17. Zachriel says:

    To be more specific:

    10th Cirucit: “By failing to point us to any language in the Constitution that would support their position, we conclude they have failed to meet their burden.”

    So the plaintiff’s in this case have not met their burden. However, the footnote to this very sentence clearly states, “This is not to say that there is no language in Article II or the Twelfth Amendment that might ultimately support plaintiffs’ position.”

    In other words, it’s an open question, but one that the plaintiff’s may win.

  18. gitarcarver says:

    That’s right! They then noted that the plaintiff’s might very well ultimately prevail, citing Ray v. Blair.

    No, they did not say the plaintiffs “may very well prevail.” Once again, you are adding meaning to a note.

    So the plaintiff’s in this case have not met their burden.

    Right. So the very arguments that they and you tried to put forth were shot down. You have stated that the Court ruled that you were correct and they haven’t.

    So now you are hanging on the note.

    First, “ultimately support the plaintiff’s position” in no way indicates that the plaintiffs may prevail. There is often language that may support a position but is superseded by other provisions.

    Secondly, it is somewhat important to note the context of the statement from Ray v. Blair:

    The statement is made in the DISSENT of the majority opinion which held the pledge requirement was Constitutional.

    Let me state that in a different manner again for you. The comment on which the note in the 10th Circuit is based is contrary to what the Supreme Court held.

    Here’s a relevant portion from the majority opinion:

    Secondly, we consider the argument that the Twelfth Amendment demands absolute freedom for the elector to vote his own choice, uninhibited by a pledge. It is true that the Amendment says the electors shall vote by ballot. But it is also true that the Amendment does not prohibit an elector’s announcing his choice beforehand, pledging himself. The suggestion that in the early elections candidates for electors – contemporaries of the Founders – would have hesitated, because of constitutional limitations, to pledge themselves to support party nominees in the event of their selection as electors is impossible to accept. History teaches that the electors were expected to support the party nominees. 15 Experts in the history of government recognize the long-standing [343 U.S. 214, 229] practice. 16 Indeed, more than twenty states do not print the names of the candidates for electors on the general election ballot. Instead, in one form or another, they allow a vote for the presidential candidate of the national conventions to be counted as a vote for his party’s nominees for the electoral college. 17 This long-continued practical interpretation of the constitutional propriety of an implied or oral pledge of his ballot by a candidate [343 U.S. 214, 230] for elector as to his vote in the electoral college weighs heavily in considering the constitutionality of a pledge, such as the one here required, in the primary.

    In other words, the Court rejected the very argument that the pledged electors are “free agents.”

    Ray v. Blair said the pledges were legal. If they are legal, they are binding.

    Quoting the dissent doesn’t change that.

    So let’s be clear here. The Supreme Court has ruled the pledges are legal. The 10th Circuit says the pledges are binding.

    That’s it.

    Game over.

  19. Zachriel says:

    gitarcarver: The statement is made in the DISSENT of the majority opinion which held the pledge requirement was Constitutional.

    That’s right! The dissenters didn’t even think the states could require a pledge, much less enforce it.

    gitarcarver: No, they did not say the plaintiffs “may very well prevail.”

    As we quoted, they said “This is not to say that there is no language in Article II or the Twelfth Amendment that might ultimately support plaintiffs’ position.”

    They went out of their way to add the footnote. Why? And how do you read it?

  20. Zachriel says:

    gitarcarver: Ray v. Blair said the pledges were legal. If they are legal, they are binding.

    Circumstances can change, and people can change their minds. It doesn’t follow that the pledge is enforceable, and that was clearly left undecided in Ray v. Blair, as noted recently by the 10th Circuit.

  21. drowningpuppies says:

    Move those goalposts again, fellas.

  22. Zachriel says:

    drowningpuppies: Move those goalposts again, fellas.

    It’s the very same claim.

    Z: Under the current system, electors can vote for anyone they want, and it’s not clear that state laws can bind them.

  23. drowningpuppies says:


    It’s the very same claim.

    A claim that has been proven wrong.
    Y’all lost.
    Get over it.

  24. Rev.Hoagie® says:

    So in addition to being an expert in climate science, law, politics, economics and science just to name a few, Zachriel is also an expert on Constitutional law and the Electoral College? Wow! I’m impressed. Jeffery’s only a expert on conservatives, Republicans, racists, fascists, bigots, moslems, fundamentalist Christians (but not fundamentalist moslems they are called “terrorists”), blacks, Hispanics, and why Stinky lost the election (anything but Stinky’s fault). Jeffery, you need to catch up to Zach. He’s a more worldly expert on so many things you are lacking.

    Used to be one needed at least a degree in a subject to be considered an expert. Now all one needs is to be able to Google, cut and paste faster than the opposition. Or in Jeffery’s case snarky in a totally insane way. It wouldn’t be so bad if you all stated you were just giving an opinion or even an educated guess but you think you’re undisputedly correct on all things is really quite amusing. Again, you’ve learned nothing from the election. People don’t like being lectured to in a condescending manner but, please don’t let me interrupt you.

    The next four years are gonna be so much fun watching you go ape-shit crazy on a daily basis every time Trump farts.

    https://4.bp.blogspot.com/-zr0fRHWBpMI/WFdWVfvZbQI/AAAAAAABEGQ/jCEyRmEOEF0wPnSuCCww5mgICSryU1dPACLcB/s640/1ninetymilesaFTqB1riy75so1_500.jpg

  25. Zachriel says:

    Rev.Hoagie®: So in addition to being an expert

    We cited authoritative opinion, the Supreme Court, and the recent 10th Circuit ruling, which indicate that the question of whether electors can be bound is an open constitutional question. No Elector has ever been prosecuted for failing to vote as pledged.

  26. gitarcarver says:

    That’s right! The dissenters didn’t even think the states could require a pledge, much less enforce it.

    The majority did think the states could require a pledge.

    Now, which opinion do you think is law of the land? The majority decision? Or the dissent?

    As we quoted, they said “This is not to say that there is no language in Article II or the Twelfth Amendment that might ultimately support plaintiffs’ position.”

    Geez man, you are either dense or deliberately being obtuse.

    Let me lay it out for you: DO YOU SEE THE WORDS “MAY VERY WELL PREVAIL” IN THE NOTE?

    It’s a yes or no question.

    DO YOU SEE THE WORDS “MAY VERY WELL PREVAIL” IN THE NOTE?

    If you answer “yes,” then it is clear you are just being ridiculous, can’t read or some other thing. If you answer “no,” then you admit your statement was incorrect and gave more weight to the note than it carries. In other words, you will be admitting that you lied.

    Furthermore, you completely ignored the argument that language that may “support” is not the same thing as “this is the law of the land” as there is other language (like the entire Ray v/ Blair majority decision) that contradicts that one line in a dissent.

    Weren’t you the one complaining that your arguments were being ignored? Even though you were the one not addressing points, you are still playing the ostrich even as your points are being shot down one by one.

    All you are doing is going back the same discredited argument without any further support.

    They went out of their way to add the footnote. Why? And how do you read it?

    They didn’t “go out of their way.” This once again shows your ignorance in these areas and how Federal Court work. This was an emergency appeal to a 3 member panel of the 10th Circuit and not an “en banc” hearing. When issuing decisions from a panel, it is typical to not issue a dissent, but to allow a dissenting opinion in the notes.

    Once again, the note refers to a Supreme Court dissent which carries no weight at all and by its very definition, is not the law.

    It’s the very same claim.

    No, it is a different claim. You are now claiming that a dissent is the law of the land.

    Explain how Ray v Blair could say the pledges are legal if the consequences of not following those pledges is unConstitutional? If the consequences – the terms of the contract – are unConstitutional, then the pledges would not be allowed. But the Supreme Court ruled the pledges and therefore the consequences are Constitutional and enforceable.

    Under the current system, electors can vote for anyone they want, and it’s not clear that state laws can bind them.

    And Ray v Blair and the 10th Circuit disagrees with you.

    So let’s be clear here. The Supreme Court has ruled the pledges are legal. The 10th Circuit says the pledges are binding.

    That’s it.

    Game over.

  27. drowningpuppies says:

    We cited authoritative opinion, the Supreme Court, and the recent 10th Circuit ruling, which indicate that the question of whether electors can be bound is an open constitutional question. No Elector has ever been prosecuted for failing to vote as pledged.

    http://i.imgur.com/7rkSxxw.webp

  28. gitarcarver says:

    We cited authoritative opinion, the Supreme Court, and the recent 10th Circuit ruling, which indicate that the question of whether electors can be bound is an open constitutional question. No Elector has ever been prosecuted for failing to vote as pledged.

    The problem is that your citations do not do what you claim they do. In fact, they show the opposite.

    Furthermore, as we stated and you have failed to address, most of the time a faithless elector’s case could be declared moot. You screwed the meaning of the word “moot” up so badly to render it totally unrecognizable. Even after giving you citations, instead of saying “hmmmm…I was wrong,” you never answered the point and walked away only to try and return to it here.

  29. Zachriel says:

    gitarcarver: If I had wanted to influence American politics, I would have just donated to the Clinton Foundation.

    That’s right, but they did not settle the issue as to whether the pledge could be enforced.

    gitarcarver: Furthermore, you completely ignored the argument that language that may “support”

    If the language can support the plaintiff’s case for electoral independence, then it means the issue is not settled.

  30. Zachriel says:

    gitarcarver: Furthermore, as we stated and you have failed to address, most of the time a faithless elector’s case could be declared moot.

    No court has ever tossed such a case for being moot because no elector has ever been prosecuted. State laws do not have an exception for when it doesn’t change the outcome. It’s like saying the charge against someone for running a red light is moot if there’s no accident. The statute has still be violated, and subject to punishment.

  31. drowningpuppies says:

    That’s right, but they did not settle the issue as to whether the pledge could be enforced.

    http://i.imgur.com/Jm1biDG.webp

  32. Zachriel says:

    drowningpuppies: non sequitur

    No. It’s the issue we initially raised, whether state laws can bind electors.

  33. gitarcarver says:

    That’s right, but they did not settle the issue as to whether the pledge could be enforced.

    You are not responding to my quote, but that is fine.

    You fail once again to realize that if the pledge – which contains penalties – is legal, that means the penalties can be enforced.

    If the language can support the plaintiff’s case for electoral independence, then it means the issue is not settled.

    It means no such thing. That is a really stupid argument made from ignorance.

    Once again, you can have language that appears to support an argument, but that doesn’t mean that the language is the law or that there is not other language that outweighs the “supporting language.”

    If one were to take your position, in a debate (such as one with a debate team,) the moment one group raised a citation or point with “supporting language,” the rest of the debate is over. No need to debate anymore.

    Furthermore, the 10th quoted a DISSENT which, by definition, is not the law of the land. Is it your contention that what is not the law is suddenly the law?

    Are you that ridiculously stupid?

  34. Zachriel says:

    Okay. The quoted text was pasted incorrectly.

    gitarcarver: The Supreme Court has ruled the pledges are legal.

    That’s right, but they did not settle the issue as to whether the pledge could be enforced.

    gitarcarver: The 10th Circuit says the pledges are binding.

    No. They said the arguments raised at this point in the process are insufficient for injunctive relief. They indicate that the plaintiff’s position may find ultimately find support in the Constitution.

  35. Zachriel says:

    gitarcarver: the moment one group raised a citation or point with “supporting language,”

    In this case, it is sufficient. We are not claiming that penalties are unconstitutional, just that it is an open constitutional issue. If the plaintiff’s position for electoral independence can be supported, then it’s not a settled issue.

  36. drowningpuppies says:


    If the language can support the plaintiff’s case for electoral independence, then it means the issue is not settled.

    http://i.imgur.com/sjo36TQ.webp

  37. gitarcarver says:

    No court has ever tossed such a case for being moot because no elector has ever been prosecuted.

    That means nothing. What we are taking about is the likelihood of a case not being pursued because it is moot.

    State laws do not have an exception for when it doesn’t change the outcome.

    We’ve gone over this. There doesn’t have to be a written law for a case to be rendered moot.

    It’s like saying the charge against someone for running a red light is moot if there’s no accident. The statute has still be violated, and subject to punishment.

    No, it’s like saying the police and prosecutors have the discretion to not pursue a case. If the case doesn’t change the outcome, there is no reason to pursue the case because it is moot.

    Your point is akin to prosecuting a person for murder that the state executed for murder last week.

    Or, a state not prosecuting a person for a murder as they are under a death sentence in another state. The outcome of the second trial would be moot.

  38. gitarcarver says:

    The stupidity continues:

    That’s right, but they did not settle the issue as to whether the pledge could be enforced.

    So you think the Supreme Court would rule that non-enforceable pledges because of Constitutional issues would be legal and Constitutional?

    One cannot argue with that lack of logic or thinking..

    No. They said the arguments raised at this point in the process are insufficient for injunctive relief.

    Nope. They ruled that the pledges were binding as that was one of the points the plaintiffs raised and was rejected by the court.

    They indicate that the plaintiff’s position may find ultimately find support in the Constitution.

    Once again, quoting a dissent is not persuasive.

    In this case, it is sufficient. We are not claiming that penalties are unconstitutional, just that it is an open constitutional issue.

    No, you have said the binding of the electors is unConstitutional – a point with which the Supreme Court and the 10th Circuit disagrees.

    If the plaintiff’s position for electoral independence can be supported, then it’s not a settled issue.

    We’ve been over this. Repeating it doesn’t change the fact that supporting language in a dissent either opens an issue or is persuasive as you claim it to be.

  39. drowningpuppies says:

    Well, Git, these guys are ridiculous.
    They’ve drawn another flag with their fallacious arguments.

    http://i.imgur.com/lUDWyqb.webp

    Game over.

  40. Zachriel says:

    From the National Archives and Records Administration: The U.S. Supreme Court has held that the Constitution does not require that Electors be completely free to act as they choose and therefore, political parties may extract pledges from electors to vote for the parties’ nominees. Some state laws provide that so-called “faithless Electors” may be subject to fines or may be disqualified for casting an invalid vote and be replaced by a substitute elector. The Supreme Court has not specifically ruled on the question of whether pledges and penalties for failure to vote as pledged may be enforced under the Constitution. No Elector has ever been prosecuted for failing to vote as pledged.

    This is an official publication of the U.S. government.

  41. Zachriel says:

    gitarcarver: No, you have said the binding of the electors is unConstitutional

    No, we did not. Several times previous on this thread we have stated, “it’s not clear that state laws can bind” electors.

  42. gitarcarver says:

    This is an official publication of the U.S. government.

    Sorry, while I agree with the point that no case has specifically said the penalties can be binding, there is law that says the breaking of pledges is punishable.

    Try and follow the thinking here, Zach. It is clear that you are having trouble.

    If the pledges which include the punishment – are legal and allowable, why do you think they are suddenly unenforceable?

    No, we did not.

    And you have raised your objections based on the First Amendment and the 12th Amendment.

    Did they move those amendments out of the Constitution without telling the rest of us?

  43. gitarcarver says:

    BTW Zach, you seem to have ignored this:

    Let me lay it out for you: DO YOU SEE THE WORDS “MAY VERY WELL PREVAIL” IN THE NOTE?

    It’s a yes or no question.

    DO YOU SEE THE WORDS “MAY VERY WELL PREVAIL” IN THE NOTE?

    Can you either give a yes or no answer or admit that you won’t address the point?

    Thanks.

  44. gitarcarver says:

    Well, Git, these guys are ridiculous.
    They’ve drawn another flag with their fallacious arguments.

    Zach feels that stamping his feet and is the same thing as answering an point.

    It is amazing what kids in grade school will do.

  45. Zachriel says:

    gitarcarver: there is law that says the breaking of pledges is punishable.

    If you mean state law, that’s exactly what is at issue.

    Ray v. Blair concerns a party requiring a pledge. Parties are private organizations. Breaking a party pledge is a political act, not a criminal one.

  46. Zachriel says:

    gitarcarver: Can you either give a yes or no answer or admit that you won’t address the point?

    We did address it. We quoted the relevant section for clarity. The 10th Circuit said “This is not to say that there is no language in Article II or the Twelfth 3 Amendment that might ultimately support plaintiffs’ position.” If it is supportable, it can’t be already settled against the plaintiff’s position.

    They clearly added this language for a reason, a reason you have been unable to explain. The National Archives and Records Administration made a point of stating that the issue has not been addressed by the Supreme Court. It’s not a settled issue.

  47. drowningpuppies says:

    It is amazing what kids in grade school will do.

    Grade school? No these geniuses are wasting no telling how many thousands of dollars of momma and daddy’s money at some state college that apparently doesn’t emphasize any rudimentary cognitive skills.

  48. drowningpuppies says:

    Texas electors push Trump over 270 threshold.

  49. gitarcarver says:

    Ray v. Blair concerns a party requiring a pledge. Parties are private organizations. Breaking a party pledge is a political act, not a criminal one.

    Once again,Zach, the fact that the SCOTUS allowed the pledge requirement which included the punishment shows that you are wrong on this issue.

    We did address it.

    I apologize Zach. In my haste I thought I was talking with a person who could read or understand the English language.

    I’ll ask again:

    DO YOU SEE THE WORDS “MAY VERY WELL PREVAIL” IN THE NOTE?

    It’s a yes or no question.

    DO YOU SEE THE WORDS “MAY VERY WELL PREVAIL” IN THE NOTE?

    You have not given a “yes” or “no” answer and you have not addressed the reason why you misstated…scratch that…..lied about about what the note read.

    If it is supportable, it can’t be already settled against the plaintiff’s position.

    We’ve gone over this time and time again. You repeating the same thing does not change that supporting language may be the law as there are plenty of cases – especially Supreme Court cases – where the Court acknowledges so called “supporting language” and then says “that doesn’t carry the day because previously we said this…”

    Furthermore, as I have stated and you have failed to even consider, language from a dissent (one that advocates abolishing the electoral college) is not part of the law. Period.

    The dissent is a part of the case that settled the law.

    They clearly added this language for a reason, a reason you have been unable to explain.

    Bull, you lying sack….

    From my comment of 2016-12-19 14:39:19:

    This once again shows your ignorance in these areas and how Federal Court work. This was an emergency appeal to a 3 member panel of the 10th Circuit and not an “en banc” hearing. When issuing decisions from a panel, it is typical to not issue a dissent, but to allow a dissenting opinion in the notes.

    I addressed it, Zach, but you were too busy doing other things like showing your ignorance time and time again to see what was said.

    The National Archives and Records Administration made a point of stating that the issue has not been addressed by the Supreme Court. It’s not a settled issue.

    Another lie from you.

    Once again, let’s look at what the NARA actually said:

    The Supreme Court has not specifically ruled on the question of whether pledges and penalties for failure to vote as pledged may be enforced under the Constitution.

    As I and other legal scholars have stated, the reason is that if the pledges – which include the penalties – are LEGAL AND CONSTITUTIONAL, there is no need to say it as the court has no reason to directly address an issue that people of normal intelligence and morals can understand.

    So what is your excuse for failing to understand it?

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