September 13, 2007

Turns out the "Presidential Election Reform Act" (ie., the Calif. Political Consultant Full-Employment Act of 2008) that may be on the June ballot in California has another flaw, besides the fact that it would eviscerate the state's national influence in Presidential elections: it's blatantly unconstitutional. Turns out that Article I of the Constitution gives exclusive power to determine the appointment of electors to the state legislature, which the Supreme Court has repeatedly viewed as absolute (most recently, in an obscure 2000 case called Bush v. Gore).


Plotinus said...

But (1) Bush v. Gore established no precedents, and (2) this court could give a shit about stare decisis.

Anonymous said...

Just for the record, it's Article II, Section 1.