Discretion of Electors to Choose a President
Article II, Section 1, Clause 2: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States.
According to Article II, Section 1, Clause 2the legislatives of the states: has the Constitutional authority choose how to choose their Presidential Electors.
The Supreme Court has reasoned that the word
appointin Article II, Section 1, Clause 2, confers on state legislatures
the broadest power of determination.1 In McPherson v. Blacker, the Supreme Court upheld a state law providing for electors to be selected by popular vote from districts rather than statewide.2
The Winner Take All method of allocating electoral votes is unconstitutional as it violates the equal protection clause of the 14th amendment and the principle of one person one vote.
I would like to suggest that the people of Florida restore the integrity pf the Electoral College by having Presidential Electors elected in each of the 27 Congressional Districts. The Governor shall and have the authority to appoint two at large electors
Popular elections for the Presidency may be held in each Congressional District but it is not required. the electors have the discretion to vote for the candidate of their choice, regardless of the outcome of the popular election.
1824: The tipping point election for presidential electoral systems, as twice as many states used the winner-take-all statewide method as used the state legislature method. The defeated Andrew Jackson joined James Madison’s pleas for a constitutional amendment requiring a uniform district election system, but to no avail. In every U.S. presidential election since, the statewide method has been predominant
1836: All but one state, South Carolina, uses the winner-take-all method based on the statewide popular vote to choose its electors. South Carolina continues to have its legislature choose electors until after the Civil War.
It wasn’t until 1872 that the people in every state even got the opportunity to vote in the Presidential elections. This Winner Take All system of allocating electoral votes clearly creates a tyranny of the majority.
1872: For the first time, every state holds a popular vote election for president, and all use the statewide winner-take-all rule. In 1876, Colorado is the last state to have its legislature choose its electors.