Fucking Republicans, with CA. burning, they're still more worried about

[Hawaii Hiker]

trying to rig the 2008 election - http://www.latimes.com/news/politics/la-na-electoral23oct23,1,1709924.story?coll=la-politics-campaign&ctrack=1&cset=true

But, as the artice below states, the initiative has countless flaws...

http://writ.news.findlaw.com/amar/20070817.html

"This proposal, and its supposed justification, are so flawed it's hard to know where to begin.

For starters, the proposal might be unconstitutional, at least in the eyes of the Supreme Court. In Bush v. Gore, a concurring opinion by Chief Justice Rehnquist and Justices Scalia and Thomas (an opinion that likely had the tacit support of Justices O'Connor and Kennedy, as well) concluded that when the federal Constitution, in Article II, enlists state "legislatures" to determine the method of selecting members of the Electoral College, the Constitution necessarily forbids states from involving other entities (such as state courts) in a way that interferes with the state legislature's wishes.

That kind of interference, these Justices thought, was precisely the federal constitutional violation happening in Florida in late 2000: Florida courts were intruding on the unfettered discretion the federal Constitution had given, by use of the word "legislature" in Article II, to the state legislature, not its courts.

There is a significant chance the current Court would continue to hold that Article II's specific reference to state "legislatures" insulates those legislatures from judicial oversight that otherwise would be provided for under state law. (This is a proposition with which I personally disagree, but one which underpinned the Bush v. Gore concurrence). If that is so, it is at least arguable that the same could be said about popular initiatives that override and thus displace the statutes the California legislature has already passed in this area: These initiatives, too, might be seen by the Court as impermissibly interfering with the legislature's complete discretion in this area".