| 词条 | McPherson v. Blacker |
| 释义 |
|Litigants=McPherson v. Blacker |ArgueDate=October 11 |ArgueYear=1892 |DecideDate=October 17 |DecideYear=1892 |USVol=146 |USPage=1 |ParallelCitations= |Prior= |Subsequent= |Holding=The Fourteenth Amendment to the United States Constitution does not require state legislatures to appoint their electors in the Electoral College on the basis of the popular vote. State legislatures have "plenary" power to allocate their electors however they want to.[1] |Majority=Melville Fuller |JoinMajority= |Concurrence= |JoinConcurrence= |Concurrence2= |JoinConcurrence2= |Concurrence/Dissent= |JoinConcurrence/Dissent= |Dissent= |JoinDissent= |Dissent2= |JoinDissent2= |LawsApplied=Article Two of the United States Constitution }}McPherson v. Blacker, 146 U.S. 1 (1892), was a United States Supreme Court case decided on October 17, 1892. The case concerned a law passed in Michigan which divided the state into separate congressional districts and awarded each of the state's electoral votes to the winner of each district. The suit was filed by several of these electors, including William McPherson, against Robert R. Blacker, the Secretary of State of Michigan. It was the first Supreme Court case to consider whether certain methods of states' appointments of their electors were constitutional.[2] The Court, in a majority opinion authored by Chief Justice Melville Fuller,[3] upheld Michigan's law, and more generally gave state legislatures "plenary" power over how they appointed their electors.[1] The Court held that Article Two of the United States Constitution also constrains the ability of each state to limit the ability of its state legislators to decide how to appoint their electors.[4][5] Impact in Bush v. Gore (2000)The ability of states to determine the selection and apportionment of their electors was later reaffirmed in another Supreme Court case, Bush v. Gore (2000).[3] McPherson was also cited in Bush v. Gore by both George W. Bush[6] and by Chief Justice William H. Rehnquist in his concurring opinion.[7] References1. ^1 {{Cite journal |last=Kirby |first=James C. |date=Summer 1962 |title=Limitations on the Power of State Legislatures over Presidential Elections |url=https://www.jstor.org/stable/1190592?origin=crossref |journal=Law and Contemporary Problems |volume=27 |issue=3 |pages=495 |doi=10.2307/1190592}} {{SCOTUS-stub}}2. ^{{Cite journal |last=Zadrozny |first=John |date=January 1, 2003 |title=The Myth of Discretion: Why Presidential Electors Do Not Receive First Amendment Protection |url=https://scholarship.law.edu/commlaw/vol11/iss1/9 |journal=CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015) |volume=11 |issue=1 |pages=165–184}} 3. ^1 {{Cite web |url=https://constitutioncenter.org/blog/electoral-college-a-rare-topic-of-discussion-at-supreme-court |title=Electoral College a rare topic of discussion at Supreme Court |last=Bomboy |first=Scott |date=December 20, 2016 |website=National Constitution Center |language=en |access-date=March 20, 2019}} 4. ^{{Cite journal |last=Hasen |first=Richard L. |date=December 6, 2007|title=When 'Legislature' May Mean More than 'Legislature': Initiated Electoral College Reform and the Ghost of Bush v. Gore |url=https://papers.ssrn.com/abstract=1065421 |journal=Hastings Constitutional Law Quarterly |language=en |location=Rochester, NY}} 5. ^{{Cite book |url=https://books.google.com/books?id=LeLIAAAAQBAJ&pg=PA54 |title=Hanging Chads: The Inside Story of the 2000 Presidential Recount in Florida |last=Pleasants |first=J. |date=September 20, 2004 |publisher=Springer |isbn=9781403973405 |pages=54–55 |language=en}} 6. ^{{Cite news |url=http://www.cnn.com/2000/LAW/12/columns/fl.katyal.florida.12.01/ |title=Protecting and preserving Florida's process |last=Katyal |first=Neal Kumar |date=December 1, 2000 |work=CNN |access-date=March 21, 2019}} 7. ^{{Cite news |url=http://articles.latimes.com/2000/dec/13/news/ss-65042 |title=George W. Bush vs. Al Gore |last=Rehnquist |first=William H. |date=December 13, 2000 |work=Los Angeles Times |access-date=March 21, 2019 |language=en-US |issn=0458-3035}} 4 : United States Supreme Court cases of the Fuller Court|United States elections case law|1892 in United States case law|Electoral College (United States) |
| 随便看 |
|
开放百科全书收录14589846条英语、德语、日语等多语种百科知识，基本涵盖了大多数领域的百科知识，是一部内容自由、开放的电子版国际百科全书。