DC statehood Megathread (pg 33 - Manchin questioning constitutionality) (user search)
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  DC statehood Megathread (pg 33 - Manchin questioning constitutionality) (search mode)
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Author Topic: DC statehood Megathread (pg 33 - Manchin questioning constitutionality)  (Read 41645 times)
brucejoel99
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Posts: 19,951
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Political Matrix
E: -3.48, S: -3.30

« Reply #50 on: May 24, 2021, 05:06:36 PM »

A thought I just had ... would there be any constitutional issues for Congress to direct the US Virgin Islands, Guam, and the Northern Mariana Islands to hold presidential elections, and to  allocate those 3 extra electoral votes to the winners of each of those 3 territories?

It's still not full equality for them, but it allows those Americans to have some say in the presidential election process, better than nothing.

No, since the 23rd Amendment permits Congress to direct the appointment of the 3 district electors however they see fit.

The amendment specifically says "District constituting the seat of the Government," which means this trick wouldn't work

Why wouldn't it? The amendment specifically says that "[t]he District constituting the seat of Government of the United States shall appoint [electors of President and Vice President] in such manner as the Congress may direct." Nothing therein precludes Congress from directing an unpopulated nominal "District constituting the seat of Government of the United States" to appoint each elector per the results of "presidential straw polls" in the 3 hitherto aforementioned territories. To be sure, it'd certainly be facially unorthodox, but by no means is it actually precluded by the 23rd Amendment's wording.
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brucejoel99
Atlas Icon
*****
Posts: 19,951
Ukraine


Political Matrix
E: -3.48, S: -3.30

« Reply #51 on: July 17, 2021, 05:40:39 AM »

And now's a perfect time to remind Woodbury that it's never too late for him to keep his word & leave the forum for a year.
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