I mean, it's really not. In times of emergency, the government is granted pretty sweeping powers to deal with problems, be they disease, war, civil unrest. Any constitutional challenge here would just have to undergo intermediate scrutiny from the courts and the government would have to 1. show an important government interest that is 2. achieved by means substantially related to that interest. The important interest is public health, and the preservation of American lives, and the means are via quarantine. The lockdowns suck, but from a legal and constitutional standpoint, unless your state constitution says otherwise (which I highly doubt) they're allowed.
The rules changed in 1929. If apportionment kept up, Texas would have 102 representatives instead of 36 and 104 electoral votes instead of 38.
I'm a lawyer with a good understanding of the constitution.
To be fair, they aren't arguing that she is the rightful president, only that she should be, and that the electoral college is undemocratic, which it is. Especially since small states have a huge advantage, not only in the senate, but also in the house after the Permanent Apportionment Act of 1929. For example, red Texas has 1 rep per 850,000 people vs 1 rep for only 600,000 in Vermont. These tiny blue states in the northeast have such an advantage because of the electoral college.
I mean, that's a different issue. The Supreme Court really decided that election more than the popular vote or electoral college.
I mean, to be fair, over half of the country lives in cities. You don't see anyone trying to give Alaska more representation because it has the most land. You don't get more representation because you own 30 acres instead of living in an apartment.
Trump really got out a lot of people that don't usually vote. He's so popular.
It'll be tough since his approval is still way underwater in PA because of all the blacks and libs in Philly and Pittsburg, but hopefully Biden will be unpopular enough that none of them show up to the polls. If it was Sanders, it would be a lot harder.
Unlikely. Dems have such a disadvantage in the EC because of low population states like Wyoming, Utah, Montana, etc.