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November 2011

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Subject:
From:
Bill Shaw <[log in to unmask]>
Reply To:
Academy of Legal Studies in Business (ALSB) Talk
Date:
Mon, 14 Nov 2011 08:21:09 -0600
Content-Type:
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Google might give some of the highlights,  but his new book focuses 
on structural issues in the Constitution -- the electoral college, 
for example, and the fact that small states are more heavily weighted 
in the Senate than large (NY v. R.I.).  The only minority the framers 
were concerned with was property owners.  Slaves counted as 3/5 a person.

Check this out by going back to the 2000 election:  Bush v. 
Gore.  The electoral college gave votes of Wyoming, North and South 
Dakota to Bush, but those states had a smaller population than N.M. 
which gave it's electoral votes to Gore.  Those three states have a 
combined electoral vote exceeding N.M.'s by 9 to 5.  If that had been 
corrected earlier, it wouldn't have mattered how Florida came 
out.  If N.M. had the 9 votes of Wyoming, South and North Dakota and 
lost its 5, Gore would have been elected to the White House.

Bush -- 271 - 9 + 5  = 267
Gore -- 266 -5 + 9    = 270

Check out  the math.  I'm just assuming that Levinson's population 
figures are correct, and I'm assuming that a re-computation of the 
electoral votes of other states would not affect this outcome.

ps  Justice Scalia would say, of course, "Get over it."

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