Strengthening Constitutional Self-Government

No Left Turns

Colorado initiative is unconstitutional

Todd Gaziano and Tara Ross deliver the death blow to the Colorado initiative that would destroy the winner-take-all system for the electoral votes of Colorado. They argue that it is "flatly unconstitutional." There is a large difference between the people and a constitutional or representative body of the people, i.e., a legislature. The framers knew the difference, and the Supreme Court has upheld the fact that it is only state legislatures that may act; a state constitution may not delegate certain national functions to anyone else or redifine its legislature to be the people. Although only op-ed length, this piece has it all, including footnotes. Very good and very useful, get it out to everyone!

Discussions - 3 Comments

Does the splitting of the electoral vote in CO impact this election? I mean, will Bush and Kerry share those votes this year?

If the ballot initiative passes in Colorado, yes. Though, as Gaziano’s piece points out, there is a pretty strong chance that the initiative would be overturned in court if it passes.

Not so good if the President needs those electoral votes though...

Hey, any predictions on how the voting will finish in Ohio?

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