How does the Electoral College count for states occupied by a foreign power?

You can't exclude ANYONE from a general vote, and that's actually the only reason you can't exclude a LGBT (there is no protection for discrimination based on LGBT, you can legally in most states discriminate, it's sad but true); I hate when people only mention the minorities or women as if it is only minorities, civil rights go both ways, despite conservatives thinking whites are so not covered. And no you can't limit your electors in such a manner as that violates the 14th, 17th, and 24th amendments and the precedents of the SCOTUS rulings based on those amendments and their "penumbra".

Maniakes response is a superb one. However, I'll give it a go too.

Not strictly true. There are textual provisions in the Constitution prohibiting the exclusion of people on certain grounds: race, national origin, sex, failure to pay poll taxes, etc. Were a state government to try to prohibit voters on some other grounds, that would not necessarily be invalid. It would however, face review under strict scrutiny should it be challenged and decided by the Supreme Court. The state government is virtually certain to loose it's case under that standard of review. An alternative would be for the Supreme Court to determine that the state restriction is in fact an attempt to injure a protected class of citizens, and invalidate it on that basis. However, none of that is directly relevant to the choosing of electors, as states are permitted to determine the means of choosing themselves. There aren't very many restrictions on that, as evidenced by pre-Civil War South Carolina having it's state legislature select its electors. States really do have tremendous freedom in how they choose electors.

Dathi THorfinnsson said:
]Right. But there is NO provision for a GENERAL VOTE in the Constitution.

Indeed. As evidenced by many states imposing property qualifications through the 1820's.
 
Top