“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...
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...
Criticisms of the Electoral College are regularly repeated in Democratic-controlled state legislatures. Those criticisms derive largely from ignorance as to why the Founders adopted the system they did. For example, it is not true, as some claim, that the Founders...