10-25-2011, 07:46 PM
cbelt3 wrote:
I'll diffidently point out that a common law on the books of these several states that avoids the electoral college will be subject to, and probably destroyed by, a Supreme Court challenge. So, IMHO, it's wasted effort. If you can get all the states to agree, why not make it an amendment ? THEN it's OK by The Supremes and everyone.
The constitution apportions the quantity of electoral votes per state, but the legislature has 100% freedom to choose to whom those electoral votes will go. As I said in another thread while back, the governor could flip a coin if that's what the legislature wanted. It's only by "gentleman's agreement" (codified by individual state law) that all states' electors reflect the popular vote now.