
“California Counts” initiative legal and liberals are full of baloney
There is a report in the Sacramento Bee today that Art Torres, Chair of the California Democratic Party, is claiming that the "California Counts" initiative, which would reform California’s apportionment of electoral college votes to recognize regional diversity and make our state relevant again in Presidential elections, is unconstitutional. That position is a bunch of baloney.
Long established U.S. Supreme Court case law (see Smiley v. Holm, 285 U.S. 355 (1931) and Davis v. Hildebrant, 241 U.S. 565 (1911) ) provide strong logic and support for the initiative. Those cases establish rock-solid support for the proposition that the word "legislature" in Article 1 of the U.S. Constitution, dealing with apportionment of Congressional districts for election purposes, includes the lawmaking process in the state as determined by its particular "polity." In these cases, "legislature" in Article 1 was interpreted to include not only the state legislature itself, but the full lawmaking process, including the Governor’s veto, and the people’s power of referendum.
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