Electoral College
Sorry, Vice-President Pence can’t replace electors on his own
As I point out in a recent interview, the failure of the Trump legal team and its allies to understand the Constitution’s rules on presidential elections has cost them dearly. They have evidence of fraud and other election irregularities. But they have not used that...
Q&A for state legislators and citizens: The Constitution and how to settle the election
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 legislatures intervene? Confusing the issue are media and other...
A Defense of the Electoral College
My career shows an interesting pattern: Although law journals at “prestige” law schools—which are overwhelmingly liberal and anti-originalist—usually refuse to publish my scholarship, they frequently publish articles attempting to rebut it. I accept this is an...
Did Founder James Wilson oppose the Electoral College and favor “National Popular Vote?”
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 a distinguished lawyer who eventually served on the U.S. Supreme Court. Advocates of direct...