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HB 117 National Popular vote violates the Constitution : Baca v. Colo. Dep't of State, 935 F.3d 887, 946-47 (10th Cir. 2019) “In summary, the text of the Constitution makes clear that states do not have the constitutional authority to interfere with presidential electors who exercise their constitutional right to vote for the President and Vice President candidates of their choice. The Tenth Amendment could not reserve to the states the power to bind or remove electors, because the electoral college was created by the federal Constitution. Thus, if any such power exists, it must be delegated to the states by the Constitution. But Article II contains no such delegation. Nor can the states’ appointment power be expanded to include the power to remove electors or nullify their votes. Unlike the President’s right to remove subordinate officers under his executive power and duty to take care that the laws and Constitution are faithfully executed, the states have no authority over the electors’ performance of their federal function to select the President and Vice President of the United States. And a close reading of Article II and the Twelfth Amendment reveals that the states’ delegated role is complete upon the appointment of state electors on the day designated by Congress. Once appointed, the Constitution ensures that electors are free to perform that federal function with discretion, as reflected in the Twelfth Amendment’s use of the terms "elector," "vote," and "ballot." As we now discuss, this conclusion is further supported by the circumstances surrounding enactment of the Twelfth Amendment, as well as historical practices and sources.” source Full Article
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