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Comment Re:Simpler is better. Must be self-evidently fair. (Score 1) 637

"Self-evidently fair" to whom ? Fairness is subjective and what you're missing is that no one intended the E.C. to be "fair" to the populace but, rather, "fair" to the states. After all, the presidential is an election by the States and not an election by the people of the United States. It is "fair" because its the deal that the people of the states agreed to when they agreed to yield some of their states' sovereignty in exchange for a federal union.

Comment Only 21 Faithless Electors Needed to Trump Trump (Score 1) 1430

If faithless electors were to vote for third persons (not Trump or Clinton) in sufficient numbers to bring Trump below the needed 270 then the House of Representatives would choose the President from among the top three recipients of Electoral College votes. The most realistic scenario is for a small number of Trump electors to choose some different, palatable republican candidate that the republican-controlled House can support over Trump. Perhaps some establishment moderate such as Jeb Bush could pull this off? Currently, only 21 faithless electors are needed for this scenario but the number could change depending on the Michigan and recount results.

Comment Re: calixit (Score 4, Informative) 1368

Asswipe, the Alien and Sedition Acts wouldn't speak to this situation. But no one worth mentioning doubts the invalidity of the Acts under the First Amendment. See, e.g., New York Times v. Sullivan (376 U.S. 254, 276) (1964) "Although the Sedition Act was never tested in this Court, the attack upon its validity has carried the day in the court of history" (Moreover, the Sedition Act expired by it own terms on March 3 1801.)

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