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9 Feb 2024, 11:37 am by Josh Blackman
" From my vantage point, she rattled these off from memory without looking down at her notes: "we see it begins with senator, representative, elector of the president and vice president, and all other civil or military officers —offices. [read post]
9 Feb 2024, 9:20 am by Josh Blackman
" So they can be "Officers," but not "Officers of the United States" or "Under the United States. [read post]
9 Feb 2024, 4:11 am by Marty Lederman
Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” that Colorado Law Doesn’t AuthorizePart Eight: The First Amendment/Right to Vote/Federalism-Based "Off-Ramp" Argument that Might Carry the DayPart Nine: Ten Arguments that Petitioners Haven’t Raised (or that Trump Only Invoked Late in the Game) [read post]
9 Feb 2024, 3:03 am by Will Baude
  We argue that state election officials, courts, and presidential electors all have the responsibility to faithfully apply Section Three's constitutional disqualification rule, each within the sphere of its respective powers and duties under state or federal law. [read post]
8 Feb 2024, 2:41 pm by Mark Walsh
” And by the time Colorado Solicitor General Shannon Stevenson gets her 10 minutes of time to represent Secretary of State Jena Griswold, who is seated in the front row of the public section, the justices can barely feign any interest in her argument that the state has an interest and power under the Electors Clause to resolve any challenge to the listing of a candidate on a primary ballot before state voters cast their ballots. [read post]
8 Feb 2024, 12:14 pm by Amy Howe
It provides (as relevant here) that no one “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,” if that person had previously sworn, “as a member of Congress, or as an officer of the United States” to support the Constitution but then “engaged in insurrection or rebellion” against the federal government.… [read post]
8 Feb 2024, 9:44 am by Marty Lederman
  See Term Limits, 514 U.S. at 925 (Thomas, J., dissenting) (“I do not mean to suggest that States have unbridled power to handicap particular classes of candidates, even when those candidates enjoy federally conferred advantages that may threaten to skew the electoral process. [read post]
8 Feb 2024, 9:36 am by Eugene Volokh
On February 7, 1861, six days before the certification of Lincoln's electoral vote, Representative Henry Winter Davis proclaimed on the House floor that "cabinet ministers have violated their oaths by organizing insurrection. [read post]
8 Feb 2024, 5:50 am by jonathanturley
” So, members drafted a provision that declared that “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… [read post]
8 Feb 2024, 4:56 am by Beatrice Yahia
Pakistan’s interior ministry said it took the measures after at least 26 people were killed in two blasts in close proximity to the offices of electoral candidates in the Balochistan province, attacks for which the self-styled Islamic state militant group later claimed responsibility. [read post]
8 Feb 2024, 3:00 am by Will Baude
' he knew he had lost the election, and he knew there was no basis for Vice President Pence to reject the States' lawfully certified electors. [read post]
7 Feb 2024, 9:05 pm by Richard J. Pierce, Jr.
When Mitch McConnell (R-KY), the minority leader of the Senate, stated that he was voting not to convict the former President of leading an insurrection, he stated his belief that the criminal justice system would be able to convict Donald Trump of any crime that he committed while in office. [read post]
7 Feb 2024, 7:45 pm by Josh Blackman
  Clause 2 states that "Each State shall appoint" presidential electors while clause 4 refers to "chusing the Electors. [read post]
7 Feb 2024, 6:25 pm by Marty Lederman
     That the presidency is not an “office, civil or military, under the United States” for purposes of the first, “Positions” Clause of Section 3. [read post]
Northern Ireland was established just 104 years ago and was described by its leader at the time as a ‘Protestant parliament and a Protestant state’. [read post]
7 Feb 2024, 8:20 am by Kurt Bassuener
Worse yet, the Mostar deal set the stage for an even bigger error, based on the same misguided hope that accommodating obstructionists could facilitate progress: the October 2022/April2023 “electoral reform,” effectuated by two sets of impositions by the High Representative but clearly driven by U.S. policy. [read post]