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Tue Nov 16, 2021, 07:53 AM

Election of Senators,

I read the Constitution and it doesn't say that Senators have to be elected by popular vote, if you catch my drift. What if states controlled by the GQP came up with an Electoral college-type election where districts or counties were given 1 vote for Senator based on the popular vote? I see nothing in the Constitution that would prevent that from happening. The GQP Senate candidate would certainly win the popular vote in the most districts and/or counties in most states.

Top that off with the Nazi SC where justices have already expressed an opinion as to the absolute power of states to decide how to run their elections. Pretty damn scary thought.

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Reply Election of Senators, (Original post)
gab13by13 Nov 16 OP
brooklynite Nov 16 #1
gab13by13 Nov 16 #2
Demsrule86 Nov 16 #5
gab13by13 Nov 16 #3
Demsrule86 Nov 16 #6
Yarnie Nov 16 #4

Response to gab13by13 (Original post)

Tue Nov 16, 2021, 08:02 AM

1. 17th Amendment...

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

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Response to brooklynite (Reply #1)

Tue Nov 16, 2021, 08:15 AM

2. I am just an internet lawyer,

but where does that say that Senators have to be chosen by the total popular vote from each state? It says Senators are to be elected by the people thereof. If the GQP legislature decides to elect Senators using who won the most districts or who won the most counties they will have been elected by the people thereof. Maybe precedent would overrule my crazy idea but I don't think the 17th Amendment stops my crazy idea.

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Response to gab13by13 (Reply #2)

Tue Nov 16, 2021, 08:50 AM

5. It provides for the direct election of Senator and a new amendment would be needed to overturn it.

What is the 17th Amendment in simple terms?
Image result for 17th amendment
Seventeenth Amendment, amendment (1913) to the Constitution of the United States that provided for the direct election of U.S. senators by the voters of the states. ... This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.Nov 5, 2021

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Response to gab13by13 (Original post)

Tue Nov 16, 2021, 08:20 AM

3. In voting for president,

some states do not allot all of their Electoral college votes based on who won the popular vote in their state. Some states divide the vote up, which is not exactly what I am getting at, but close.

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Response to gab13by13 (Reply #3)

Tue Nov 16, 2021, 08:51 AM

6. That is because of the electoral college...we would need another amendment like the 17th

for presidential elections in order to elect the president directly.

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Response to gab13by13 (Original post)

Tue Nov 16, 2021, 08:47 AM

4. Prior to the 17th Amendment

 

Senators were appointed. In 1913, the Constitution was amended to provide fo the direct election, by popular vote, of two Senators per state. If either party wanted to change that, it would require another Constitutional amendment. And that is very unlikely to EVER happen. https://www.senate.gov/artandhistory/history/common/briefing/Direct_Election_Senators.htm#:~:text=The%20Seventeenth%20Amendment%20restates%20the,authority%20of%20each%20state%2C%20if

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