Letter: Supreme Court would rule National Popular Vote petition unconstitutional | PostIndependent.com
YOUR AD HERE »

Letter: Supreme Court would rule National Popular Vote petition unconstitutional

The petition currently in circulation to force a statewide vote on the National Popular Vote bill would almost certainly be ruled unconstitutional by the current Supreme Court.
Article II, section 1 of the U.S. Constitution states, “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors…” to the Electoral College. Similar language in the Election Clause in Article I of the Constitution gives state legislatures the power to determine the manner of electing members of Congress.
In 2015, Chief Justice Roberts wrote a scathing dissenting opinion when a 5-4 majority of the U.S. Supreme Court ruled that Arizona voters could use the initiative process to bypass the state legislature and establish an independent commission to create congressional districts.
Roberts said, “The Court today performs … a magic trick with the Elections Clause. That Clause vests congressional redistricting authority in ‘the Legislature’ of each state. An Arizona ballot initiative transferred that authority from ‘the Legislature’ to an ‘Independent Redistricting Commission.’ The majority approves this deliberate constitutional evasion by … revising ‘the Legislature’ to mean ‘the people.’”
Now that Justice Kennedy has retired, Chief Justice Robert’s view that “legislature” means “legislature” almost certainly represents a majority on the new Supreme Court.
Sylvia Bernstein,
Boulder


Support Local Journalism

Support Local Journalism

Readers around Glenwood Springs and Garfield County make the Post Independent’s work possible. Your financial contribution supports our efforts to deliver quality, locally relevant journalism.

Now more than ever, your support is critical to help us keep our community informed about the evolving coronavirus pandemic and the impact it is having locally. Every contribution, however large or small, will make a difference.

Each donation will be used exclusively for the development and creation of increased news coverage.

For tax deductible donations, click here.
 

Start a dialogue, stay on topic and be civil.
If you don't follow the rules, your comment may be deleted.

User Legend: iconModerator iconTrusted User