The Vice President’s Powers and the Electoral Count Act
Seth Barrett Tillman reminded me of this classic article by originalist writer Vasan Kesavan, Is the Electoral Count Act Unconstitutional?, 80 N. Carolina L. Rev. 1653 (2002), which anticipates some of the current issues relating to the Vice President’s power...
The Tie-Breaking Vice-President (Revisited)
Back in 2020, when Republicans had a narrow majority in the Senate, there was talk about whether the Vice President could break a tie on a Supreme Court nomination if the Senators were equally divided. Now that the issue is more immediate with a 50-50 Senate,...
Blackstone on Removal of Subordinate Magistrates
This is my fourth post in a series responding to Professor Jed Shugerman’s criticisms of originalist scholarship on Blackstone and removal power (here are part 1, part 2 and part 3). This post addresses what Blackstone said about removal of subordinate magistrates in...