• Why the “National Public Vote” scheme is unconstitutional

    Why the “National Public Vote” scheme is unconstitutional

    This article first appeared in the Daily Caller.

    The U.S. Supreme Court says each state legislature has “plenary” (complete) power to decide how its state’s presidential electors are chosen.

    But suppose a state legislature decided to raise cash by selling its electors to the highest bidder. Do you think the Supreme Court would uphold such a measure?

    If your answer is “no,” then you intuitively grasp a basic principle of constitutional law—one overlooked by those proposing the “National Popular Vote Compact” (NPV).

    NPV is a plan to change how we elect our president. Under the plan, each state signs a compact to award all its electoral votes to the presidential candidate who wins the national popular vote. The compact comes into effect when states with a majority of presidential electors sign on.

    In assessing the constitutionality of NPV, you have to consider some of its central features. First, NPV abandons the idea that presidential electors represent the people of their own states. Second, it discards an election system balanced among interests and values in favor of one recognizing only national popularity. That popularity need not be high: A state joining the NPV compact agrees to assign its electors to even the winner of a tiny plurality in a multi-candidate election.

    Third, because NPV states would have a majority of votes in the Electoral College, NPV would effectively repeal the Constitution’s provision for run-off elections in the House of Representatives.

    Read more …

  • Constitutional Topic: The Electoral College

    The Constitutional Topics pages at the USConstitution.nett site are presented to delve deeper into topics than can be provided on the Glossary Page or in the FAQ pages. This Topic Page concerns the Electoral College. The Electoral College is embodied in the Constitution in Article 2, Section 1, and in the 12th Amendment.


    The Framers were wary of giving the people the power to directly elect the President — some felt the citizenry too beholden to local interests, too easily duped by promises or shenanigans, or simply because a national election, in the time of oil lamps and quill pens, was just impractical. Some proposals gave the power to the Congress, but this did not sit well with those who wanted to see true separation of the branches of the new government. Still others felt the state legislatures should decide, but this was thought to make the President too beholden to state interests. The Electoral College, proposed by James Wilson, was the compromise that the Constitutional Convention reached.

    Though the term is never used in the Constitution itself, the electors that choose the President at each election are traditionally called a College. In the context of the Constitution, the meaning of college is not that of a school, but of a group of people organized toward a common goal.

    The Electoral College insulates the election of the President from the people by having the people elect not the person of the President, but the person of an Elector who is pledged to vote for a specific person for President. Though the ballot may read “John McCain” or “Barack Obama,” you’re really voting for “John Smith” who is a McCain supporter or “Jack Jones” who is an Obama supporter. Read more …

  • Little Red Hen vs. Blue-State Lawmakers

    For economic lessons, read children’s fairy tales and ignore socialist ones.

    ‘The sky is falling!” warned Chicken Little. The Little Red Hen was made of sturdier stuff. You could make a case that she invented supply-side economics, which is based on the premise that you gotta work if you wanna eat—in more formal terms, that production necessarily precedes consumption.

    The Little Red Hen found a grain of wheat and somehow managed to grow a crop, asking her fellow creatures if they’d like to help with the planting, the cultivation, the harvest, the grinding of the flour and the baking of the bread. They were always too busy watching television or texting each other. But when they sniffed the delightful aroma of the freshly baked bread, they came out to the kitchen to get a slice. The Little Red Hen told them to get lost: “I made it all myself and, by heavens, I’ll eat it all myself.” When they yelled, “You didn’t build that!” she told them to get a life. A freshman congresswoman cried that everyone should have bread even if they didn’t “feel like” working. The Little Red Hen told her to butt out.

    The tale of “The Little Red Hen.”
    The tale of “The Little Red Hen.” PHOTO: ALAMY

    The moral: Hard-working people aren’t tolerant of slackers.

    Then there was the Vermont senator who was deeply dissatisfied with a goose that was laying golden eggs but didn’t care about social justice. He thought that if he could learn the goose’s secret, he and his fellow senators could pass a law that would replicate the process.

    Read more …

  • Rural Sheriffs Defy New Gun Measures

    ‘Second Amendment sanctuary’ counties say they won’t enforce background checks, other gun-control proposals

    An employee places a rifle back on the wall at ABQ Guns in Albuquerque, N.M., on Saturday. New Mexico is one of the states where the ‘Second Amendment sanctuary’ movement has taken hold.
    An employee places a rifle back on the wall at ABQ Guns in Albuquerque, N.M., on Saturday. New Mexico is one of the states where the ‘Second Amendment sanctuary’ movement has taken hold. PHOTO: ADRIA MALCOLM FOR THE WALL STREET JOURNAL

    SANTA FE, N.M.—In swaths of rural America, county sheriffs, prosecutors and other local officials are mounting resistance to gun-control measures moving through legislatures in Democratic-led states.

    The “Second Amendment sanctuary” movement has taken hold in more than 100 counties in several states, including New Mexico and Illinois, where local law-enforcement and county leaders are saying they won’t enforce new legislation that infringes on the constitutional right to bear arms.

    For instance, in New Mexico, 30 of 33 county sheriffs have signed a letter pledging to not help enforce several gun-control measures supported by Democrats in Santa Fe, according to the state’s sheriff association. The sheriffs, who are elected, say they are heeding the wishes of voters in the counties they serve. More than two dozen counties in the state have enacted “sanctuary” resolutions backing the sheriffs and affirming that no tax dollars in their jurisdictions should go to enforcing the proposed laws.

    Nationwide, some see their battle as a conservative version of the “sanctuary” resistance to the Trump administration’s illegal-immigration crackdown led by Democratic mayors in major cities like New York and Los Angeles.

    “If a state or city can become a sanctuary for illegal immigration, then we can become a sanctuary for Second Amendment rights,” said Russell Shafer, sheriff of Quay County in eastern New Mexico.

    Read more …

  • Will Democratic Primary Voters Tolerate a Liberal?

    A former Colorado governor will test whether the Sandernistas have taken over the party.

    By James Freeman

    March 4, 2019 4:55 p.m. ET


    Former Colorado Gov. John Hickenlooper at a campaign house party in Manchester, N.H. last month. PHOTO: ELISE AMENDOLA/ASSOCIATED PRESS

    Sen. Bernie Sanders of Vermont is claiming a socialist victory in the battle of ideas. Meanwhile former Colorado Gov. John Hickenlooper is running for President and testing whether economic non-extremists can still win Democratic presidential primaries.

    Sunday in Chicago, Mr. Sanders implied that people no longer view him as a Marxist kook. The Chicago Tribune reports on a Sanders speech at Navy Pier:

    “Three years ago, they thought we were kind of crazy and extreme, not the case anymore,” he said. “We are not only going to defeat (President Donald) Trump, we are going to transform the United States of America.”

    Read more …

  • Boulder lawmakers have introduced Senate Bill 19-181, anti-oil and gas legislation that could have devastating impacts for over 100,000 hard-working families in our industry. The bill sponsors failed to hold a legitimate stakeholder process, never showed industry trades the bill, mislead Coloradans about how our rules haven’t been updated in 60 years, and are holding the first hearing just one business day after the bill was introduced.

    The bill will be heard in the Senate Transportation & Energy Committee at 2:00 PM on Tuesday, March 5th in Senate Committee Room 357 (third floor of Capitol).

    The time to stand up for your job is NOW. Legislators need to hear our voices and see our faces. We can make a difference, but it will take all of us. Please take action using the steps below and share with friends and colleagues!

    1. Rally to protect our jobs. We are calling all members of industry to gather at the State Capitol at 12:00 PM on Tuesday before the committee hearing. Share the flyer and Facebook event with friends and colleagues.
    2. Testify in opposition to the bill. After the rally, industry members need to go inside the Capitol to testify in opposition to the bill. Legislators must hear your personal, passionate energy story. Check out these tips for testifying in a legislative committee hearing. Need to brush up on your facts? COGA’s fact sheets can help!
    3. Contact senators on the committee. Email and call the senators listed below, starting with the Democrats on the committee. Ask them to protect your job in this industry that is critical to Colorado’s economy.

    Sen. Faith Winter (D-Adams) Committee Chair

    • faith.winter.senate@state.co.us
    • 303-866-4863

    Sen. Brittany Pettersen (D-Jefferson) Committee Vice Chair

    • brittany.pettersen.senate@state.co.us
    • 303-866-4859

    Sen. Kerry Donovan (D-Eagle)

    • kerry.donovan.senate@state.co.us
    • 303-866-4871

    Sen. Mike Foote (D-Boulder)

    • mike.foote.senate@state.co.us
    • 303-866-5291

    Sen. Dennis Hisey (R-El Paso)

    • dennis.hisey.senate@state.co.us
    • 303-866-4877

    Sen. Kevin Priola (R-Adams)

    • kpriola@gmail.com
    • 303-866-4855

    Sen. Ray Scott (R-Mesa)

    • ray.scott.senate@state.co.us
    • 303-866-3077

US National Debt Clock

By Eric

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