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91
It's very simple. The electoral college is mandated by the Constitution. How can something that is dictated by the Constitution be unconstitutional.

PS.  I discovered something curious last year. The term "electoral college" is nowhere in the Constitution. The Constitution simply refers to them as "Electors". Apparently, that name was given to the electors after the ratification and it stuck. There seems to be some historical documentation that the term "electoral college" was used during discussions at the Constitutional Convention but it was never codified into the text of the Constitution.



Well, Google AI seems to agree with your answer.

The U.S. Electoral College is explicitly established by Article II of the U.S. Constitution, making it structurally immune to claims of unconstitutionality. In contrast, state-level systems, like Georgia’s former county-unit system, were invalidated by the Supreme Court for violating the Equal Protection Clause of the 14th Amendment.1. The Supremacy of the U.S. ConstitutionThe Electoral College is a fundamental design of the nation's highest legal document, making it legal by definition. The Supreme Court cannot declare a specific constitutional provision unconstitutional because the Constitution is the ultimate source of the Court's own authority.2. The 14th Amendment and State GovernmentsState election structures are not afforded this blanket constitutional protection. In the 1963 landmark case Gray v. Sanders, the Supreme Court struck down Georgia's county-unit system—which assigned more voting power to rural counties—ruling that it violated the 14th Amendment's Equal Protection Clause. The Court established the "one person, one vote" rule, which dictates that within a single state's voting boundaries, every individual's vote must carry the exact same weight.3. Different Sovereign EntitiesThe distinction comes down to the entity in question:States are subordinate to the 14th Amendment and the U.S. Constitution, meaning their internal electoral maps and statewide elections must adhere strictly to equal protection and the "one person, one vote" standard.The Federal Government operates under the direct rules of the U.S. Constitution. Therefore, the apportionment of Electoral College votes among the 50 states is a constitutional compromise, not a statutory violation.While critics frequently point to the disparity in voting power under the Electoral College—where less populated states wield more influence per capita than highly populated ones—the system remains legal as long as it is embedded directly within the supreme law of the land.


But, I still do not understand why it is considered to be a “stroke of genius” when used for the U.S. voting system; while a similar voting system for the state of Georgia is considered to be unconstitutional. Here’s what Google AI says about the apparent hypocrisy:

Whether the system is hypocritical is a matter of ongoing political and legal debate, as the U.S. Constitution uses fundamentally different rules for national and state-wide elections. While the Electoral College explicitly weights votes by geography rather than population for the presidency, the Supreme Court has ruled that state-wide elections for state and federal offices must follow the "one person, one vote" principle.The Legal Conflict and DifferencesCritics argue the system is inherently hypocritical because the Fourteenth Amendment guarantees equal protection under the law, yet this concept is applied differently based on the office being elected:Presidential Elections: The Constitution created the Electoral College in Article II, Section 1 as a federalist compromise. It awards electors to states based on their total representation in Congress (two senators plus the number of House representatives). This means less-populous states wield disproportionately more voting power per capita than highly populated ones.State and Congressional Elections: The Supreme Court effectively struck down similar, geographically-weighted systems for state-level elections in a series of landmark cases in the 1960s (such as Gray v. Sanders for state primaries and Reynolds v. Sims for legislative districts). The Court ruled that these systems violated the 14th Amendment's Equal Protection Clause. They established that electoral districts must be roughly equal in population—ensuring a principle of "one person, one vote" for state legislatures, state-wide offices, and the U.S. House of Representatives.The Justification and Push for ReformSupporters of the Electoral College system argue it is not hypocritical because the United States is a constitutional republic made up of independent states, rather than a pure direct democracy. They contend the system ensures that regional interests and less-populated states are not completely overridden by heavily populated urban centers.However, because state rules must adhere to the Equal Protection Clause, and presidential elections do not, it creates a stark contrast between how votes are counted for different offices. This structural difference has spurred movements like the National Popular Vote Interstate Compact, which seeks to bypass the state-by-state electoral system in favor of a national popular vote.
92
The way Tippit was shot also leads to unanswered questions. According to the narrative, Tippit got out of his car, clearly not sensing danger and then the killer instantly fired several shots at him. That, to me, is more likely a cold blooded act than a panic reaction. What would have motivated Oswald to kill a cop and actually go back for a final shot to ensure he was dead when the two men just had a conversation and Tippit didn't behave in a way that made it clear he either wanted to arrest or kill Oswald? In what universe does that make sense?

All I can speculate is that Oswald knew he was carrying a concealed revolver and would likely be arrested if Tippit discovered it, whereupon all the dominoes would fall, so he took the extremely preemptive step of immediately gunning down Tippit. This does seem wildly at variance with the Oswald of the Baker encounter - who, of course, wasn't carrying a concealed revolver. If he actually did administer a close-range coup de grace, that would be truly bizarre and might suggest some personal animosity that would be hard to explain. Ya got me! At the Ed Forum, they are discussing the Oswald who supposedly took a whiz into the bushes along the sidewalk in full view of passers-by, so let's figure THAT into our alternate universe as well.
93
Just for orientation, this video, by genial CTer Jessica Connell, nicely illustrates the Elm Street Extension and Bower's tower in relation to it. I find it distinctly odd that Conspirator Recon Vehicles would have used this unlikely route to "case the joint" within minutes of the JFKA. Of course, the entire notion of Conspirator Recon Vehicles is fundamentally absurd, but if we overlook that detail the absurdity is only increased, it seems to me, by having them using the Elm Street Extension to Nowhere.

94
So you believe the gunpowder residue could be smelled all the way to Parkland but the residue could not have drifted down onto Elm St. from the sniper's nest. Strange.

No, it is not strange at all that gunpowder residue sticks to objects and can be smelled for quite some time on those objects. Ask anyone who has any experience with guns. When I fired at Army rifle ranges during my 21-year Army career, my hands and sleeves would end up smelling like gunpowder, which is why I always washed my hands and laundered my BDU uniform shirts after firing.

Several of the gunpowder witnesses smelled the pungent scent of gunpowder just seconds after the shots rang out. There is no way on this planet that gunpowder could have "drifted" that quickly to the knoll area from 60 feet up and from at least 180 feet away. In addition, the wind was blowing from the south, toward the TSBD, not toward the knoll.

BTW, it is interesting that not one of the many police officers who were on the TSBD's sixth floor after the shooting reported smelling gunpowder near the alleged Oswald window or anywhere else on the floor.
95
Perhaps you would care to tell us what were those three cars doing cruising around the small parking lot behind the grassy knoll shortly before the assassination. Why would three cars "just happen" to cruise around that particular parking lot in three separate trips, with the first car arriving at 11:55, the second at 12:15, and the third at 12:20? Why was one of the driver's talking into a mic?

Just remember that your version of the assassination is accepted by only about 1/4 to 1/3 of the adults in the Western world.

You might pretend to believe that Bowers was either lying or that it is just a whopping, remarkable coincidence that three cars separately cruised around in the parking lot behind the knoll starting just 35 minutes before the shooting, but most people don't see a credible innocent explanation for the cars' actions.

I believe Bowers. What I don't buy is your assumption those cars he saw had anything to do with the assassination. There are any number of possible reasons for those cars to have driven back there. It is customary for CTs to treat every unexplained event as evidence of a conspiracy even though they have no proof of it.
96
Oswald's repeated association with David Ferrie is one of the Rosetta Stones of the assassination. It is often overlooked that a former INS agent confirmed Oswald's association with Ferrie.

Orest Pena reported that on several occasions he saw Oswald speaking with FBI Cuban specialist Warren de Brueys, with David Smith at the Customs office, and with Wendell Roache at the Immigration and Naturalization Service (INS) office in New Orleans.

Pena was not always consistent in his accounts, but Roache confirmed Pena’s account about seeing Oswald in the New Orleans INS office when Roache was interviewed by the Church Committee. Roache said that he had “frequently” seen Oswald in the INS office and that Oswald even had an office there.

Roache stated in another Church Committee interview that during INS surveillance, Oswald was seen going into the offices of David Ferrie’s anti-Castro group in New Orleans, and that “Oswald was known to be one of the men in the group.”

I discuss this and other evidence of the Oswald-Ferrie connection at length in A Comforting Lie: The Myth That a Lone Gunman Killed President Kennedy.

You seem to waffle back and forth between Oswald being a patsy and him being a participant in a conspiracy. I guess you're just hedging your bets. Unfortunately, you failed to cover the correct one.
97
Correct. There is no way that the gunpowder drifted/traveled from the alleged sniper's nest to the grassy knoll area. Plus, several witnesses saw gun smoke above the fence on the grassy knoll, and a puff of this smoke is seen on the Wiegman film.

The two explanations offered to explain the apparent gun smoke in the Wiegman film are (1) motorcycle exhaust fumes and (2) smoke from the steam pipe in the railyard behind the knoll. Neither arguments works. No motorcycle exhaust fumes are seen on any film of the assassination, and the steam pipe was a good 100 feet away from the area seen on the Wiegman film.

Let us consider the witnesses who smelled gunpowder on or near the knoll:

Senator Ralph Yarborough rode in the second car behind the presidential limousine. He smelled gunpowder while on the street and said it clung to the car throughout the frantic drive to Parkland Hospital.

Elizabeth Cabell, the wife of Dallas mayor Earle Cabell, was in the fourth car behind JFK’s limousine. She said she “was acutely aware of the odor of gunpowder.” She added that Congressman Ray Roberts, seated next to her, mentioned that he smelled gunpowder.

Press photographer Tom C. Dillard, six cars behind JFK’s limo, said he “very definitely smelled gunpowder when the cars moved up to the corner” of Elm and Houston Streets.

Patrolman Billy Martin, riding just behind JFK’s limousine, said, “You could smell the gunpowder,” and that because of this he knew the gunman “wasn’t far away,” adding, “when you’re that close, you can smell the powder burning.”

DPD officer Joe Smith smelled gunpowder on/near the grassy knoll.

Journalist David Grant said that seconds after the motorcade sped from the plaza, “the area still reeked with the smell of gunpowder.”

Smith and Yarborough were war veterans, so they knew what gunpowder smelled like. Gunpowder has a very pungent, distinct odor.

The HSCA's acoustical scientists determined that the grassy knoll shot was fired from a location behind the knoll's picket fence that was near the area where several witnesses saw puffs of gun smoke on the knoll. Now that is one whopping, staggering coincidence, unless one is willing to believe that the HSCA acoustical experts rigged their analysis in order to place the grassy knoll shot in that location.

I discuss the gunpowder and gun smoke evidence at length in A Comforting Lie: The Myth That a Lone Gunman Killed President Kennedy (pp. 157-159).


So you believe the gunpowder residue could be smelled all the way to Parkland but the residue could not have drifted down onto Elm St. from the sniper's nest.

Strange.
98

Here’s Google AI’s response to why Georgia’s county unit voting system was struck down by the U.S. Supreme Court:

Georgia's county unit state-wide voting system was struck down by the U.S. Supreme Court in the 1963 landmark case Gray v. Sanders (stemming from a 1962 federal district court ruling). The Court ruled the system violated the Fourteenth Amendment's Equal Protection Clause, establishing the historic "one person, one vote" constitutional doctrine.The system was ruled unconstitutional for the following reasons:Massive Vote Dilution: Under the county unit system (governing state-wide primary elections), each county was assigned a set number of "unit votes," and the popular vote winner in each county won all of its unit votes. This meant sparsely populated rural counties had vastly disproportionate political power compared to heavily populated urban counties like Fulton.Control by a Minority of the Population: The imbalance was so extreme that rural counties holding only one-third of the state's population controlled a majority of the unit votes.Violation of Political Equality: The Supreme Court concluded that once a geographical unit is established to elect representatives, all participating voters must be granted an equal voice. The Court found that factors like an individual’s geographic location cannot be constitutionally used to diminish the weight of their ballot.Undemocratic Outcomes: The system allowed a candidate to win the majority of the popular vote state-wide but still lose the election if a rival secured more county unit votes.You can read the full Supreme Court decision in Gray v. Sanders (372 U.S. 368) via Justia, or explore the New Georgia Encyclopedia for a comprehensive breakdown of the case and its historical context.


So this makes me wonder why the U.S. electoral college isn’t subject to a similar ruling. Not that I am against the U.S. electoral college, just curious…

It's very simple. The electoral college is mandated by the Constitution. How can something that is dictated by the Constitution be unconstitutional.

PS.  I discovered something curious last year. The term "electoral college" is nowhere in the Constitution. The Constitution simply refers to them as "Electors". Apparently, that name was given to the electors after the ratification and it stuck. There seems to be some historical documentation that the term "electoral college" was used during discussions at the Constitutional Convention but it was never codified into the text of the Constitution.
99

You said, "... smelled gunpowder as they were GOING PASSED the GK". The wind would Not permit a "drifting" gunpowder odor from the TSBD to the GK.

Correct. There is no way that the gunpowder drifted/traveled from the alleged sniper's nest to the grassy knoll area. Plus, several witnesses saw gun smoke above the fence on the grassy knoll, and a puff of this smoke is seen on the Wiegman film.

The two explanations offered to explain the apparent gun smoke in the Wiegman film are (1) motorcycle exhaust fumes and (2) smoke from the steam pipe in the railyard behind the knoll. Neither arguments works. No motorcycle exhaust fumes are seen on any film of the assassination, and the steam pipe was a good 100 feet away from the area seen on the Wiegman film.

Let us consider the witnesses who smelled gunpowder on or near the knoll:

Senator Ralph Yarborough rode in the second car behind the presidential limousine. He smelled gunpowder while on the street and said it clung to the car throughout the frantic drive to Parkland Hospital.

Elizabeth Cabell, the wife of Dallas mayor Earle Cabell, was in the fourth car behind JFK’s limousine. She said she “was acutely aware of the odor of gunpowder.” She added that Congressman Ray Roberts, seated next to her, mentioned that he smelled gunpowder.

Press photographer Tom C. Dillard, six cars behind JFK’s limo, said he “very definitely smelled gunpowder when the cars moved up to the corner” of Elm and Houston Streets.

Patrolman Billy Martin, riding just behind JFK’s limousine, said, “You could smell the gunpowder,” and that because of this he knew the gunman “wasn’t far away,” adding, “when you’re that close, you can smell the powder burning.”

DPD officer Joe Smith smelled gunpowder on/near the grassy knoll.

Journalist David Grant said that seconds after the motorcade sped from the plaza, “the area still reeked with the smell of gunpowder.”

Smith and Yarborough were war veterans, so they knew what gunpowder smelled like. Gunpowder has a very pungent, distinct odor.

The HSCA's acoustical scientists determined that the grassy knoll shot was fired from a location behind the knoll's picket fence that was near the area where several witnesses saw puffs of gun smoke on the knoll. Now that is one whopping, staggering coincidence, unless one is willing to believe that the HSCA acoustical experts rigged their analysis in order to place the grassy knoll shot in that location.

I discuss the gunpowder and gun smoke evidence at length in A Comforting Lie: The Myth That a Lone Gunman Killed President Kennedy (pp. 157-159).
100
But then we bump up against the Tippit murder, which is presumably why Belin called it the Rosetta Stone of the JFKA. The Tippit murder seemingly flies in the face of any theory that Oswald was an escaping patsy who got his revolver for protection. The two CT gambits here are, of course, either that Oswald didn't kill Tippit at all or that Oswald recognized Tippit as part of the conspiracy that had framed him and shot Tippit before Tippit shot him.

But then we bump up against the Texas Theater. Here, the CT gambit is that what supposedly took place inside the theater is not what actually took place. (I do find Oswald's protests about "I'm not resisting arrest!" kind of odd if he had actually pulled his gun on McDonald.)

No big deal, but you did say "If so, how does that make sense, when, at the same time, you claim that Oswald, at least one day earlier, made a paper bag to conceal a rifle in, which would imply premeditation?"

Yes, that has occurred to me.

I've repeatedly said the same thing. It's not impossible, but it's certainly odd.

In further response to John's complaint that I'm overthinking things, I would again point out that Oswald's behavior is evidence, regardless of what he was thinking. Every lawyer knows you need some "theory of the case" to give context to what you present to the jury. I believe Oswald's behavior would be the foundation of a defense theory of the case and might go a long way toward creating reasonable doubt.

Did he ever say or write anything suggesting animosity toward JFK? No.

In the days leading up to the JFKA, and particularly the night before in Irving, did he act like a man who was planning a Presidential assassination or give any clue that he was? No.

The morning of the JFKA, did he exhibit unusual behavior? No.

Two minutes after the JFKA, did he act like a man who had just shot the President? No.

Was this demeanor consistent with the way Oswald acted in other stressful situations? No.

In that context, the various holes that CTers try to poke in the Dealey Plaza evidence would likely carry more weight toward convincing a jury he was a mere patsy than they would without such context. Even to me, Oswald's behavior is the most troubling aspect of the LN narrative.

But then, alas for Oswald, we bump up against Tippit, the Texas Theater and his behavior in custody - and the innocent patsy argument becomes a tough sell.

But then we bump up against the Tippit murder, which is presumably why Belin called it the Rosetta Stone of the JFKA. The Tippit murder seemingly flies in the face of any theory that Oswald was an escaping patsy who got his revolver for protection.

I'm not so sure about that. You can also turn that around and ask just how likely it would be for Oswald thinking he was a patsy to kill a cop and thus destroy any patsy defense?

Wouldn't it have been enough for Oswald to just understand or even just believe that he might well be involved in some sort of conspiracy, to decide to get his revolver for protection?

The two CT gambits here are, of course, either that Oswald didn't kill Tippit at all or that Oswald recognized Tippit as part of the conspiracy that had framed him and shot Tippit before Tippit shot him.

There is a wide gap between those two options. It seems to me there are a few more possibilities. Unfortunately we can only speculate which will not get us very far.

In further response to John's complaint that I'm overthinking things, I would again point out that Oswald's behavior is evidence, regardless of what he was thinking. Every lawyer knows you need some "theory of the case" to give context to what you present to the jury. I believe Oswald's behavior would be the foundation of a defense theory of the case and might go a long way toward creating reasonable doubt.

In that context, the various holes that CTers try to poke in the Dealey Plaza evidence would likely carry more weight toward convincing a jury he was a mere patsy than they would without such context. Even to me, Oswald's behavior is the most troubling aspect of the LN narrative.

Agreed

But then, alas for Oswald, we bump up against Tippit, the Texas Theater and his behavior in custody - and the innocent patsy argument becomes a tough sell.

Which is exactly why I don't understand that he would kill a cop. There are all sorts of theories about the killing of Tippit and they all leave questions unanswered.

Let's take the possibility that Oswald recognized Tippit as part of the conspiracy. That would imply that both men knew each other, which I don't think is true. But if it is true, and Tippit was indeed searching for Oswald to kill him, then why did he talk to him first and then leave his car with his revolver still in it's holster? Also, why would Tippit look for Oswald in a suburban area like 10th street? It doesn't make sense, but that also applies to Oswald "fleeing" to 10th street! What in the world was he doing there?

The way Tippit was shot also leads to unanswered questions. According to the narrative, Tippit got out of his car, clearly not sensing danger and then the killer instantly fired several shots at him. That, to me, is more likely a cold blooded act than a panic reaction. What would have motivated Oswald to kill a cop and actually go back for a final shot to ensure he was dead when the two men just had a conversation and Tippit didn't behave in a way that made it clear he either wanted to arrest or kill Oswald? In what universe does that make sense?
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