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Reply #68: and where does it say "congress decides" and not states, state legislatures or the people's votes? [View All]

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Land Shark Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 09:22 PM
Response to Reply #53
68. and where does it say "congress decides" and not states, state legislatures or the people's votes?
Edited on Thu Dec-04-08 09:26 PM by Land Shark
The states, it's clear, have "plenary" meaning TOTAL POWER over the electors and their selection. IT seems you are interpreting something, I'm unsure what, to take away some or a lot of that plenary power, and thus violating article II.

Any clauses in alleged derogation of the states' rights regarding electors and the rights of the people to vote which attach immediately upon use of popular election as the method (i.e. in all states since the Civil War, as a practical matter) must be narrowly construed.

I'm thinking that you are construing one power, with a possible but expansive interpretation of congressional power, but failing to balance it into the system as a whole, or check to see if that expansive power of Congress you're arguing for makes sense in the whole. it seems the only way you can do it is by narrowing down "plenary" but that violates "plenary" power of the state legislatures to adopt a method of selecting electors.
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