Grim constitutional issues regarding recounts

[Her Blondness]

As we know from Civics 101, the U.S. Constitution makes no provision for a popular vote for president.

Article II: "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors. . ."

The precise "Manner" of selecting electors is directed by individual state constitutions and statutes. All state constitutions now provide for a popular vote as the manner of selecting electors.

My worry is this: even if a recount reversed the loss of a state for a candidate, a right wing court would say it was irrelevant because the U.S. constitution supersedes the state constitutions. If the electoral college convenes and votes for a president, Scalia and co. will say that all the constitutional provisions for selecting a president have been duly met.

And the supreme court will again say end of story. You are SOL. Buh-bye.

[bmoney07]

1. without renquist then it might be a 4-4 decision

and the court would remand it back down to the state supreme court- which I think is mostly repukes.

Just a thought

[mod mom]

2. where is your patriotism? no one said it would be easy

we must fight for our democracy!

[Her Blondness]

4. Believe me, I'm a fighter! But we have to know our Enemies.

This is why Blackwell waited so long to certify. We could have recounted Ohio five times by now. Once the electoral college vote takes place we may be f*cked.

[FloridaPat]

3. But the more people that know the election was stolen, the hotter

things are going to get for the stealers. 30% want these idiots impeached. Millions more would just make it get there faster.

Also, if the state laws say the electorial college people have to vote the way the people voted in the state, that should make a big difference. And someone said that if there are state problems, the Constitution says those states should loose some or all of their electorial votes. I am going to have to look that one up.

[Wordie]

5. The OHIO Supreme Court is where it would go first. Anyone know if it is

considered liberal or conservative? Because the OH Supreme Court could, imho, make a difference. IF they are liberal, and IF they could craft a bullet-proof decision, should the issue come before them, that could make a difference. VERY big IFs, I realize.

[Broken Acorn]

6. Ohio Supreme Court makeup

5 Repukes
2 Democrats

(from what I have heard on DU)

[Wordie]

7. LOL...so much for that strategy!

[FogerRox]

8. If you fixed the Election then wouldnt you fix

If you fixed the Election then wouldnt you fix the Recount--- right? I mean why go to the trouble of letting Kerry win on a recount after all that work? --- Right?

I think that makes sense---But here is my new angle--I'm not sure about it yet--but I want to throw this out to see if it holds up to some other thinkers.

It seems the Repub tactic in Ohio is to, in sports terms---
"RUN THE CLOCK OUT". Which --in a way--doesnt quite make sense--If you fixed the vote but didnt fix the recount---then maybe it does work.
SOOOOO----If the recount doesnt have the fix in---and the repubs are relying on running the clock out---Then maybe the recount will end up showing Kerry as the winner----But since Fed law says that all state recounts have to be done 5 days before the EC meets---IIRC Dec. 13th.
That means that the Ohio recount has to be done by the 8th, SOS of Ohio -Blackwell says the recount will start IIRC the 7th or 8th,,then the recount in Ohio will not be legal for Electorial COllege consideration.

But----(Roj crosses his fingers again) All it takes is 1 House member and 1 Senator to decertify the EC --on jan 6th. Then the Full HOuse & Senate would vote for President-----With the new and improved Majority from the big wins on Nov. 2nd 2004 already being sworn in---Bush would be a shoo-in---Right?

IF the mass media got a hold of the story--Kerry won Ohio--but the recount was too late so it doesnt count-- Who would vote for Bush?
If you did vote for Bush --would you count on being re-elected? If there were masses of PEEPS IN THE STREETS--would you vote for Bush?

Would the Bushies continue to leave the Facade of a Democracy up--?