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The Electoral Count Act Is Unconstitutional

By: Rob Natelson A bipartisan group in Congress is dedicating time to reforming the Electoral Count Act. The Electoral Count Act is the statute purporting to govern how Congress counts electoral votes for ...

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Q&A for State legislators and citizens: The Constitution and how to settle the election

By: Rob Natelson Irregularities in the presidential election returns of six states have sparked the question “What next?” The states are Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin. Should their state ...

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Faithless Electors and Faithful Judges

by John O. McGinnis - Law & Liberty Two cases argued this month, Chiafalo v. Washington and Colorado Department of State v. Bacca, pose the most important questions this term ...

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Did Founder James Wilson oppose the Electoral College and favor “National Popular Vote?”

By: Rob Natelson James Wilson of Pennsylvania (1742-98) was one of the most influential of the Constitution’s framers. Some scholars rank him as second only to James Madison.  Wilson was ...

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Original Meaning in the the Faithless Electors Case

By: Michael D. Ramsey Last week the Tenth Circuit held in Baca v. Colorado Department of State that Colorado could not remove and replace a presidential elector who failed to vote for ...

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The Plot to Undermine the Electoral College

by Ian Drake In the 2016 presidential election, Hillary Clinton won the popular vote for president by just under three million votes.  But under the Constitution’s electoral voting system, Clinton ...

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How our presidential election system works

By: Rob Natelson When Americans go to the polls in November presidential elections, they don’t cast ballots for the president and vice president directly. They chose among slates of presidential ...

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The “Compact” Gimmick to circumvent the Powers granted to Congress by Article V

By Publius Huldah The supremacy clause at Article VI, clause 2, US Constitution, says: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; ...

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National Popular Vote: Banana republic elections

By: Rob Natelson The Colorado legislature’s ratification of the National Popular Vote (NPV) Compact has provoked outrage because NPV cedes Colorado’s presidential electors to other states. But that’s not the ...

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The Electoral College And Why It Matters

By: Mike Maharrey Donald Trump’s victory in the 2016 presidential election revived the debate over the Electoral College. There’s a strong movement to do away with the system and replace ...

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