[EM] Proportional, Accountable, Local (PAL) representation: isn't this a big deal?

[Kathy Dopp]

Jameson,

The laws you cite, including the constitution refer *only* to federal
elections of the US Congress and *not* to any state elections. As far
as everything I have ever read, including the US constitution and
books re. constitutional law as set by the Supreme Crt of the US, the
Congress has *no* authority under the US constitution to control how
states elect their own legislatures.

Reread what you sent below and you will see it applies *only* to
federal elections for *federal* offices and to nothing else.

No state is prevented from using proportional systems for its own
elections by any federal law.

Kathy

On Tue, Oct 25, 2011 at 10:59 PM, Jameson Quinn <jameson.quinn at gmail.com> wrote:
>
> 2011/10/25 Kathy Dopp <kathy.dopp at gmail.com>
>>
>> > From: Jameson Quinn <jameson.quinn at gmail.com>
>>
>> > Here's some discussion of PAL representation's legality in the
>> >
>> > US<http://wiki.electorama.com/wiki/PAL_representation#Note_on_legality_in_US>.
>> > A state could pass a law to use FMV (a true proportional system) until
>> > the
>> > anti-PR federal law is repealed, then automatically switch to PAL
>> > representation (an easy and smooth transition; FMV was a major
>> > inspiration
>> > for PAL). Basically, I think it's an important fact that FMV is the only
>> > known proportional system *compatible with current US federal law*.
>> > (There
>> > are no US constitutional barriers to PR, just federal law).
>> >
>>
>> Jameson,
>>
>> I believe the federal law applies only to federal elections. Thus a
>> state could allocate its state legislative seats proportionately in
>> any fair way that did not violate other laws.  In general, Congress
>> only passes electoral laws pertaining to federal elections. Isn't that
>> so?
> No.
> Constitution:
>
> The Times, Places and Manner of holding Elections for Senators and
> Representatives, shall be prescribed in each State by the Legislature
> thereof; but the Congress may at any time by Law make or alter such
> Regulations, except as to the Place of Chusing Senators.
>
>
> Federal law:
>
> Public Law 90-196
>
> 90th Congress
>
> An Act
>
>
>
> For the relief of Doctor Ricardo Vallejo Samala and to provide for
> congressional redistricting.
>
>
>
> Be it enacted by the Senate and House of Representatives of the United
> States of America in Congress assembled,
>
>
>
> That, for the purposes of the Immigration and Nationality Act, Doctor
> Ricardo Vallejo Samala shall be held and considered to have been lawfully
> admitted to the United States for permanent residence as of August 30, 1959.
>
>
> In each State entitled in the Ninety-first Congress or in any subsequent
> Congress thereafter to more than one Representative under an apportionment
> made pursuant to the provisions of subsection (a) of section 22 of the Act
> of June 18, 1929, entitled 'An Act to provide for apportionment of
> Representatives' (46 Stat. 26), as amended, there shall be established by
> law a number of districts equal to the number of Representatives to which
> such State is so entitled, and Representatives shall be elected only from
> districts so established, no district to elect more than one
> Representative (except that a State which is entitled to more than one
> Representative and which has in all previous elections elected its
> Representatives at Large may elect its Representatives at Large to the
> Ninety-first Congress).
>
>>
>> I did not realize that Jefferson supported a proportional system of
>> electing representatives.
>>
>> Kathy Dopp
>> http://electionmathematics.org
>> Town of Colonie, NY 12304
>> "One of the best ways to keep any conversation civil is to support the
>> discussion with true facts."
>> "Renewable energy is homeland security."
>>
>> Fundamentals of Verifiable Elections
>> http://kathydopp.com/wordpress/?p=174
>>
>> View some of my research on my SSRN Author page:
>> http://ssrn.com/author=1451051
>> ----
>> Election-Methods mailing list - see http://electorama.com/em for list info
>



-- 

Kathy Dopp
http://electionmathematics.org
Town of Colonie, NY 12304
"One of the best ways to keep any conversation civil is to support the
discussion with true facts."
"Renewable energy is homeland security."

Fundamentals of Verifiable Elections
http://kathydopp.com/wordpress/?p=174

View some of my research on my SSRN Author page:
http://ssrn.com/author=1451051