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Sure, but we shouldn't need a legal argument.
We only need a reasonable electorate.
We shouldn't need a legal argument, but we do.
And we certainly do not have a reasonable electorate.
We have a reasonable electorate, inasmuch as Trump has no chance of ever winning the popular vote and never did. What we don’t have is a rational electoral system where all votes are equal.
Let's not get ahead of ourselves here. Trump got something like 74,000,000 votes.
Out of 240,000,000 eligible voters
There are millions of people too lazy/apathetic/inept to vote
Those who don't vote are essentially choosing to vote for whoever wins. Those ≈120,000,000 people also effectively voted for Trump.
1/3 of the electorate would be happy to have trump rape their kids live on C-SPAN and would line up to suck his asshole as an expression of gratitude.