What Does the Constitution Mean by a State Legislature?
The Constitution’s multiple references to “state legislatures” raise difficult and significant issues. The main question is whether we can give a consistent answer to the meaning of this term across a large number of different constitutional clauses that both fits...
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...