Saturday, February 20, 2016

GA SB 376 Unconstitutional

This Bill seeks to repeal and replace Amendment 12 of the US Constitution without a constitutional amendment process. By Liberty Group Tea Party, Ellijay, Ga."Working to preserve our Constitution" February 21, 2016

"POPULAR VOTE" "Georgia SB376"

Everyone receiving this needs to take the time to read and understand this. This is an important issue and we must make certain action is not taken that will be harmful to the future of our Republic.

The compact for a National Popular Vote (NPV) is a destructive scheme. Yet it's been approved by several States; and is pending in others. Since the text of the
compact no longer seems to be set forth on the NPV website, we'll look at the NPV bill now pending in Tennessee.

In a nutshell, the compact seeks to evade the 12th Amendment to our Constitution (where the States elect the President); and substitutes a national popular vote where inhabitants of major metropolitan areas elect the President.

The Constitution our Framers gave us:

The federal government created by our Constitution is a Federation of Sovereign States united under a federal government for those limited purposes itemized in the Constitution; with all other powers reserved by the States or the People.

So that The States - The Members of the Federation - could maintain their independence and sovereignty, our Framers wrote these provisions into our Constitution:

State Legislatures were to choose the U.S. Senators for their State (Art. I, §3,cl. 1); and,
The States, as separate political entities, were to elect the President (Art. II, §1, cls. 2 & 3).
The People were to elect only their Representatives to the House (Art. I, § 2, cl.1).

James Madison explains in Federalist No. 45 (7th para), why this ensured that The
States would maintain control over the federal government: "The State governments may be regarded as constituent and essential parts of the federal government ...Without the intervention of the State legislatures, the President of the United States cannot be elected at all. They must in all cases have a great share in his appointment, and will, perhaps, in most cases, of themselves determine it. The Senate will be elected absolutely and exclusively by the State legislatures....Thus, each of the principal branches of the federal government will owe its existence more or less to the favor of the State governments ..." [boldface mine]
The result of State Legislatures choosing the U.S. Senators and controlling the election of the President [via the selection of Electors], was that the States would be able to control the federal government.

The 17th Amendment
But we threw away one of these safeguards when we foolishly ratified the 17th Amendment with the popular election of U.S. Senators. This is how The States - The Members of the Federation - lost their representation in Congress and their control of the Senate. Art. II, §1, cl. 2 and the 12th Amendment

We abandoned the other safeguard when we foolishly ignored the procedures in the 12th Amendment where small bodies of specially chosen wise and prudent men (Electors)
made the selections of President and Vice President for their State. We allowed Electors to become rubber stamps for the popular vote in their State.

Our Framers didn't want popular election of the President because they recognized that People are easily manipulated by those who take advantage of their "hopes and fears", to steer them towards candidates favored by powerful groups (Federalist No. 64 (3rd & 4th paras; Federalist No. 68, etc.)

Furthermore, under the 12th Amendment, the electoral votes of each State are split according to how the Electors vote. If Tennessee obeyed the 12th Amendment, it would work like this when selecting President: 5 Electors vote for Candidate X; 4 vote  for Candidate Y; and 2 vote for Candidate Z. Those would be the vote totals for President which would be sent to Congress. The same procedures are to be followed
in a separate vote for Vice-President. 1 The "winner takes all" practice followed in most States is unconstitutional!

How The National Popular Vote Scheme Will Work:
Under the scheme incorporated in the NPV bill pending in Tennessee, all of Tennessee's electoral votes would be awarded to the presidential candidate who receives the
most popular votes in all 50 States and the District of Columbia.

The wording of the compact is deliberately obscure. In plain English, this is what it does: Art. II Each Member State will conduct a statewide popular election for President and Vice
President. Art. III (a) & (b) The State Election official in each Member State will add up the votes cast in all the States and the D.C. to get the total number of votes cast nationally
for each presidential ticket. The State official will then designate the presidential ticket with the largest number of votes nationally as the "national popular vote winner".
(c) & (g) Electors will then be appointed in each Member State who are to cast all their votes for the national popular vote winner.

So! If the popular vote in Tennessee is for James Madison, but the total national popular vote favors Adolf Hitler, then all of Tennessee's 11 Electoral Votes are awarded to Adolf Hitler. Indeed, the winner of the national popular vote will end up with all the electoral votes for every State.  And do not think that the winner will fail to claim a "Mandate"
for whatever he wants to do.

The States Can't Lawfully Enter Into A Compact Which Violates The U.S. Constitution! Every aspect of the NPV violates the 12th Amendment.  It sets up a method of electing the President and vice-President which is altogether repugnant to our Constitution.
Furthermore, Art. I, §10, last clause, prohibits States from "enter[ing] into any Agreement or Compact with another State" "without the Consent of Congress".  So,  whether the NPV Compact also violates Art. I, §10, last clause, depends on whether Congress consents to it. But Congress may not lawfully consent to unconstitutional compacts of the States!
Under The NPV Scheme,

Votes From Major Metropolitan Areas Will Decide Presidential Elections.
Most of the Population of these United States is located in a few major metropolitan areas. Under the NPV scheme, these areas would decide the elections for President!
The NPV is not about "making every vote count". The NPV is about guaranteeing that every future presidential election is decided by inhabitants of major metropolitan areas. And it further diminishes State sovereignty.

What Should We Do?
Repeal the 17th Amendment. We must henceforth elect to Congress only those who are committed to repealing the 17th Amendment. This is the only way The States can regain
control of the Senate.

Return to the 12th Amendment. We must dismantle the present unconstitutional and corrupt system and return to the method of electing the President and Vice President
established in our Constitution. State Legislators could restore to their States right now the power to control the President! All States have to do is obey the 12th Amendment! Also, specially chosen Electors are far more likely to choose good Presidents than the ignorant masses which fill our major cities.

Even in its present perverted form, the "Electoral College" serves two important purposes: (1) It balances the influence of the heavily populated urban areas with the more sparsely populated rural areas; and (2) gives the smaller States a voice in the election of President.
As a People, we need to STOP being so eager to amend a Constitution we have never read and don't understand.

Endnote:
1 For an illustration of how voting under the 12th Amendment is to be conducted, see THIS under the subheading, "The 12th Amendment Establishes Procedures For Voting By Electors." GOD BLESS AMERICA

Georgia SB 376    16 LC 28 7835
S. B. 376  - 1 -
Senate Bill 376
By: Senators Shafer of the 48th, Henson of the 41st, Kennedy of the 18th, Williams of the 27th, Hill of the 32nd and others
A BILL TO BE ENTITLED AN ACT
1 To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to
2 enact the Agreement Among the States to Elect the President by National Popular Vote; to
3 allow states to join together to establish an interstate compact to elect the president by
4 national popular vote; to provide for the implementation of such compact; to provide for
5 definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
7 SECTION 1.
8 Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by
9 adding a new chapter to read as follows:
10 "CHAPTER 6
11 21-6-1.
12 The Agreement Among the States to Elect the President by National Popular Vote is
13 enacted into law and entered into by this state with all other jurisdictions legally joining
14 therein in the form substantially as follows:
15 'AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY
16 NATIONAL POPULAR VOTE
17 ARTICLE I
18 Membership
19 Any state of the United States and the District of Columbia may become a member of this
20 agreement by enacting this agreement.
21 ARTICLE II
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22 Right of the People in Member
23 States to Vote for President and Vice President
24 Each member state shall conduct a statewide popular election for President and Vice
25 President of the United States.
26 ARTICLE III
27 Manner of Appointing Presidential Electors in Member States
28 Prior to the time set by law for the meeting and voting by the presidential electors, the
29 chief election official of each member state shall determine the number of votes for each
30 presidential slate in each state of the United States and in the District of Columbia in
31 which votes have been cast in a statewide popular election and shall add such votes
32 together to produce a "national popular vote total" for each presidential slate. The chief
33 election official of each member state shall designate the presidential slate with the
34 largest national popular vote total as the "national popular vote winner." The presidential
35 elector certifying official of each member state shall certify the appointment in that
36 official's own state of the elector slate nominated in that state in association with the
37 national popular vote winner. At least six days before the day fixed by law for the
38 meeting and voting by the presidential electors, each member state shall make a final
39 determination of the number of popular votes cast in the state for each presidential slate
40 and shall communicate an official statement of such determination within 24 hours to the
41 chief election official of each other member state. The chief election official of each
42 member state shall treat as conclusive an official statement containing the number of
43 popular votes in a state for each presidential slate made by the day established by federal
44 law for making a state's final determination conclusive as to the counting of electoral
45 votes by Congress. In event of a tie for the national popular vote winner, the presidential
46 elector certifying official of each member state shall certify the appointment of the elector
47 slate nominated in association with the presidential slate receiving the largest number of
48 popular votes within that official's own state. If, for any reason, the number of
49 presidential electors nominated in a member state in association with the national popular
50 vote winner is less than or greater than that state's number of electoral votes, the
51 presidential candidate on the presidential slate that has been designated as the national
52 popular vote winner shall have the power to nominate the presidential electors for that
53 state and that state's presidential elector certifying official shall certify the appointment
54 of such nominees. The chief election official of each member state shall immediately
55 release to the public all vote counts or statements of votes as they are determined or
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56 obtained. This article shall govern the appointment of presidential electors in each
57 member state in any year in which this agreement is, on July 20, in effect in states
58 cumulatively possessing a majority of the electoral votes.
59 ARTICLE IV
60 Other Provisions
61 This agreement shall take effect when states cumulatively possessing a majority of the
62 electoral votes have enacted this agreement in substantially the same form and the
63 enactments by such states have taken effect in each state. Any member state may
64 withdraw from this agreement, except that a withdrawal occurring six months or less
65 before the end of a president's term shall not become effective until a president or vice
66 president shall have been qualified to serve the next term. The chief executive of each
67 member state shall promptly notify the chief executive of all other states of when this
68 agreement has been enacted and has taken effect in that official's state, when the state has
69 withdrawn from this agreement, and when this agreement takes effect generally. This
70 agreement shall terminate if the electoral college is abolished. If any provision of this
71 agreement is held invalid, the remaining provisions shall not be affected.
72 ARTICLE V
73 Definitions
74 For purposes of this agreement:
75 (1) "Chief executive" shall mean the Governor of a state of the United States or the
76 mayor of the District of Columbia;
77 (2) "Elector slate" shall mean a slate of candidates who have been nominated in a state
78 for the position of presidential elector in association with a presidential slate;
79 (3) "Chief election official" shall mean the state official or body that is authorized to
80 certify the total number of popular votes for each presidential slate;
81 (4) "Presidential elector" shall mean an elector for President and Vice President of the
82 United States;
83 (5) "Presidential elector certifying official" shall mean the state official or body that
84 is authorized to certify the appointment of the state's presidential electors;
85 (6) "Presidential slate" shall mean a slate of two persons, the first of whom has been
86 nominated as a candidate for President of the United States and the second of whom has
87 been nominated as a candidate for Vice President of the United States, or any legal
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88 successors to such persons, regardless of whether both names appear on the ballot
89 presented to the voter in a particular state;
90 (7) "State" shall mean a State of the United States and the District of Columbia; and
91 (8) "Statewide popular election" shall mean a general election in which votes are cast
92 for presidential slates by individual voters and counted on a statewide basis.'
93 21-6-2.
94 Until the Agreement Among the States to Elect the President by National Popular Vote
95 provided for in Code Section 21-6-1 becomes effective or if at any time such agreement
96 ceases to be effective for any reason, presidential electors shall be selected as provided in
97 Chapter 2 of this title."
98 SECTION 2.

99 All laws and parts of laws in conflict with this Act are repealed

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