Electoral College Wins a Victory in Federal Court
By Steve Byas
TheNewAmerican.com
Texas, like 47 other states, uses a winner-take-all system in awarding all of its Electoral College votes. That process is constitutional, the Fifth Circuit Court of Appeals said in its decision in a case announced on Wednesday.
The League of United Latin American Citizens (LULAC) had filed lawsuits across the country, arguing that the present system used in 48 states is unconstitutional, as it violates the concept of one-person, one-vote. But the three judges in the Fi Circuit disagreed with the plaintiffs' reasoning, which they described as “flawed.”
Judge Jerry Smith wrote, “Democratic elections necessarily result in winners and losers. The frustration of losing, however, does not violate the Constitution.” Smith was appointed by President Ronald Reagan, as was Judge W. Eugene Davis, but the third member of the appellate court that made a unanimous ruling, Judge Carl E. Stewart, was tapped by President Bill Clinton.
The Constitution, in Article II, gives plenary, or full, power to each state’s legislature to determine the method in how their presidential electors are selected. “Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the state may be entitled in the Congress,” reads Article II, Section 1 of the Constitution.