“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
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...
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,...
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...