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28 Jan 2024, 7:49 am by Mark Graber
 Scholars and commentators opposed to disqualifying former President Trump from all future officeholding make basic historical errors and engage in remarkably selective citation when arguing that the failed impeachment of William Blount in 1798-99 is a vital precedent for their fanciful claim that presidents are not officers of the United States. [read post]
27 Jan 2024, 7:54 pm by Josh Blackman
Section 3 states: No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or… [read post]
25 Jan 2024, 9:01 pm by Dean Falvy
No one in living memory has done more to cast light on dusty provisions of our founding charter, from the obscurities of the foreign emoluments clause to the intricacies of the 12th Amendment and the tabulation of Electoral College votes. [read post]
24 Jan 2024, 11:18 pm by Steven Calabresi
 So, even if Donald Trump were to win in the Electoral College in 2024, Kamala Harris and the House of Representatives would not count his electoral votes. [read post]
22 Jan 2024, 4:19 pm by Matthew Seligman, Lawrence Lessig
We determined that the most commonly discussed strategies — such as a state legislature picking a new slate of electors to the Electoral College — wouldn’t work because of impediments built into the Constitution. [read post]
22 Jan 2024, 4:00 am by SHG
The holding was that state legislatures had the authority to punish and remove “faithless electors,” the people who were putatively “elected” to the electoral college to fulfill the will of the people of a state by casting their ballot for the candidate chosen by their state’s voters. [read post]
19 Jan 2024, 8:53 am by Eugene Volokh
Trump ostensibly wins the Electoral College, it is a certainty that some Members of Congress will invoke Section 3 in an effort to prevent him from returning to the presidency. [read post]
10 Jan 2024, 11:31 am by JURIST Staff
Abu Bakar Khan is a final year law student at University Law College, University of the Punjab. [read post]
10 Jan 2024, 3:35 am by SHG
It would be more than sufficient to conclude that Trump’s actions on January 6th, to stoke an insurrection to prevent Congress from counting electoral college votes, was so far outside official presidential duties as to be beyond any claim of immunity, wherever the line may be. [read post]
5 Jan 2024, 6:06 am by Samuel Issacharoff
Section 5 of the 14th Amendment might offer some reason to think that disqualification necessitates congressional action, unlike the requirement that the president be 35 years old, which appears in Article II, a provision already subject to institutional checks by the Congress and the Electoral College. [read post]
3 Jan 2024, 2:47 pm by Sabrina I. Pacifici
Plaintiffs allege that Trump’s efforts to impede the congressional certification of the 2020 electoral college vote by, among other things, urging his supporters to march to the U.S. [read post]
3 Jan 2024, 4:00 am by jonathanturley
Below is my column in The Messenger on the challenge facing the Supreme Court in the coming week over the electoral disqualification of former president Donald Trump in Colorado and Maine. [read post]
2 Jan 2024, 11:51 pm by Steven Calabresi
   This reflects the advantage the three-fifths clause gave the South in the Electoral College. [read post]
2 Jan 2024, 4:00 am by jonathanturley
Shenna Bellows has long embraced extreme political and historical viewpoints, including denouncing the electoral college as a “relic of white supremacy. [read post]
29 Dec 2023, 6:29 am by Mark Graber
"  Rebels could still vote for members of the Electoral College. [read post]
26 Dec 2023, 9:01 pm by Vikram David Amar
Douthat seems to want to protect, with its odd electoral college apparatus, would itself be anti-democratic and thus (the suggestion from Douthat is) illegitimate. [read post]
25 Dec 2023, 9:01 pm by Vikram David Amar
He has also had teaching stints at three other law schools affiliated with the University of California: the UC Berkeley School of Law; the UCLA School of Law; and UC Hastings College of the Law. [read post]
21 Dec 2023, 2:04 pm by Ilya Somin
Given how the electoral college worked by the 1860s and the ability of many ex-Confederates to become electors, it is implausible to assume that the president was excluded from Section 3 on the theory that electoral college would prevent ex-insurrectionists from getting to the White House. [read post]