“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.”
A bipartisan group in Congress is dedicating time to reforming the Electoral Count Act. The Electoral Count Act is the statute purporting to govern how Congress counts electoral votes for president and vice president (pdf). Like many other “bipartisan” activities,...
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...
