Electoral College
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...
How our presidential election system works
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 electors pledged to different candidates. These electors, in turn, vote the following...