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11 Mar 2022, 6:49 am by Roger Parloff
The government theory in these cases, including Miller’s, is that the rioters, with “corrupt” intent, stormed the Capitol in an effort to, in the statute’s language, “obstruct[], influence[], or impede[]” the joint session of Congress that was then tasked with counting Electoral College votes, as required under the Twelfth Amendment and the Electoral Count Act. [read post]
10 Mar 2022, 6:30 am by Guest Blogger
On the one hand, anti-system politics reflects how the policy space between politicians and political parties of the centre right and left have converged on a broader role for competitive markets, including in what had hitherto been regarded as non-market institutions – such as the police, prisons, public health services and education systems, and a consequent narrowing of electoral choice. [read post]
., obstructing Congress’ joint session to certify the Electoral College vote, interfering with police officers who were guarding the Capitol, and obstructing justice by threatening his children if they reported him to law enforcement following the riot. [read post]
8 Mar 2022, 6:30 am by Guest Blogger
Even less nefariously, the referendum may be used as a way for politicians to eschew responsibility for unpopular decisions (e.g. on abortion or same-sex marriage), to break political deadlock or rework the political rules of the game (e.g. changing the electoral system), or even for inner party reasons, to settle internal competition (e.g. as the Brexit referendum started out). [read post]
7 Mar 2022, 9:01 pm by Vikram David Amar
The theory holds that because Article I (as to congressional elections) and Article II (as to presidential-elector selection) both make reference to state “legislatures,” these elected legislatures are free, when it comes to congressional elections and presidential selection, to disregard generally applicable state constitutional constraints, and that federal courts are free to second-guess state courts on the meaning of state law in this domain. [read post]
7 Mar 2022, 1:29 pm by Sarah Brannon
Newly naturalized citizens and younger people like college students are both underrepresented in our electorate, and incorporating voter registration services into these programs would provide great opportunities to address this underrepresentation. [read post]
McQuade, too, focused on Trump’s attempts to intimidate Pence into refusing to count properly certified Electoral College count votes, which she saw as constituting violations of the same two statutes. [read post]
3 Mar 2022, 11:17 am by Dan Harris
In our initial post, Russia’s War Will Impact Your China Business, we talked about why there would be an impact. [read post]
Pence to reject the electoral colleges vote for now-President Joseph Biden even though Eastman and former President Trump had been repeatedly assured from countless sources that there was no evidence of widespread election fraud. [read post]
1 Mar 2022, 9:00 pm by Vikram David Amar
Instead, the question in Blacker was whether Article II permitted the legislature’s chosen method of selecting electors by means of district-by-district (as opposed to statewide) election. [read post]
1 Mar 2022, 9:35 am by Neil H. Buchanan
As scholars have extensively documented, the Senate, the Electoral College, and the Supreme Court today are skewed against majority rule. [read post]
28 Feb 2022, 9:00 pm by Vikram David Amar
Similarly, Article II, section 1 provides (as to the selection of presidential electors) that “each state shall appoint, in a manner the legislature thereof may direct,” a set of electors to represent the people of that state.ISL theory has two big components. [read post]
28 Feb 2022, 7:08 am by Roger Parloff
Given the singular importance of the specific congressional proceeding that the rioters were disrupting—the counting of the Electoral College vote and the peaceful transfer of power—media cameras were ubiquitous, as were those of freelancers and bystanders. [read post]
18 Feb 2022, 9:03 pm by Soojin Jeong
Tolson explains how the Electoral College favors the countermajoritarian and deepens racial divisions. [read post]
18 Feb 2022, 12:01 am by rhapsodyinbooks
Karl delves into the activities of Johnny McEntee, a 29-year-old former college football player who was hired by Trump as Director of the Presidential Personnel Office in which capacity he was responsible for hiring and firing of more than 4,000 political appointees across the federal government. [read post]
17 Feb 2022, 4:00 am by Josh Blackman
2/17/1801: House of Representatives breaks tie in Electoral College, and selects Thomas Jefferson as President. [read post]
16 Feb 2022, 11:55 am by Roger Parloff
” In an email, Caskins says that his petition, which Banks has called “absurd,” is based on the congressman’s having voted against certifying the 2020 Electoral College results. [read post]
14 Feb 2022, 4:00 am by Michael C. Dorf
Such a ruling would have far-reaching consequences in at least three areas.First, as I've just noted, receptivity to Alabama's argument in the VRA case signals receptivity to the plaintiffs' argument in the Harvard and UNC cases for the elimination of all race-based affirmative action except perhaps in the very rare case in which a college or university has recently been found to be engaged in intentional discrimination against Black and other disadvantaged minority… [read post]
13 Feb 2022, 6:30 am by Guest Blogger
These political prescriptions require a difficult-to-imagine political coalition that is strong enough to overcome the high bars of structural disadvantage that progressives face in the form of the Senate, the Electoral College, gerrymandering, and voter suppression. [read post]
6 Feb 2022, 1:19 pm by Ilya Somin
The greatest risk to American democracy in current times is indeed that lies about voter fraud or other asserted "legal irregularities" will enable the Republican presidential candidate in 2024—whether Trump or someone similarly anti-democratic—to steal the election through politicized state election officials who manipulate vote counting, or through Republican-led state legislatures that reject the popular vote in their states and submit alternative slates of presidential… [read post]