The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Saturday, May 16, 2020

Constitutional disobedience.

Whole swaths of the foolish thing are honored largely - some exclusively - in the breach.

Supreme Court appears poised to let states keep 'faithless electors' out of the Electoral College

The electoral college is a blot on democracy. The Supreme Court shouldn't make it worse

Of course, punishing them after the fact does not invalidate their votes, and the punishments are not such as to deter anyone serious.

Some state laws do purport to invalidate the votes of faithless electors, but I don't know how that works out in reality.

Some state laws forbidding faithlessness neither punish it nor invalidate faithless votes.

Wikipedia.

The Supremes dare not just shit-can the EC in favor of direct popular election of the president since that would reveal the nudity of the King who professes to wear robes emblazoned, "I am an honest jurist. I only enforce what the Constitution actually says, making it prevail always in all things. My vote never reflects my judgement of what is desirable or best in defiance of what the Framers gave us. Oh, my, no. Never that."

However thin the robes may seem.

Justice Brett M. Kavanaugh asked during the argument in the Washington case whether the court ought not to be guided by what he called “the avoid-chaos principle of judging.”

I imagine the remark greeted with much hilarity. But likely not. Notoriously humorless, these robed bureaucrats.

And, anyway, Republicans don't want popular election because they do like their EC wins.

"Faithless elector" laws preserve those wins.

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