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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State Legislatures | The Constitution
Multiple references to "state assemblies" in the Constitution we call State Legislatures pose complex and important questions. The key question is whether we can have a clear answer to the ...
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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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Trashing the 12th Amendment with the National Popular Vote
By Publius Huldah The compact for a National Popular Vote (NPV) is a destructive scheme. Yet it’s been approved by several States; and is pending in others. Since the text ...
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