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23 Mar 2021, 4:09 am by SHG
” There is a nuanced distinction between a mob storming the Capitol to prevent the counting of the electoral college votes and thus regime change, and “mostly peaceful” protests which morph into violence where United States Courthouses come under siege, but only at night. [read post]
22 Mar 2021, 10:29 am by Kristen Lee
Capitol during the tallying of Electoral College votes for the 2020 presidential election to overturn the results on behalf of Donald Trump. [read post]
18 Mar 2021, 9:01 pm by Vikram David Amar
For that reason, Democrats could argue (in a way that Republicans have not been able to this century) that they were using the filibuster to overcome the undemocratic nature of the Senate itself, which (because of the deal that needed to be cut to get small states to approve the Constitution) is often controlled by the party that received fewer votes cast for senators nationwide.Granted, the Senate’s undemocratic structure is water under the constitutional bridge, but the fact that the makeup… [read post]
18 Mar 2021, 6:45 pm by Jonathan H. Adler
The 12th Amendment, ratified in 1804, reformed the Electoral College by providing for separate votes for president and vice president. [read post]
18 Mar 2021, 11:51 am by Bonnie Shucha
In contrast, state governors and state courts are overwhelmingly chosen via simple statewide elections, with no electoral college or lifetime appointment. [read post]
18 Mar 2021, 1:01 am by rhapsodyinbooks
Not only that, but he won the popular vote for the 23rd presidential election, although he lost to Benjamin Harrison in the electoral college. [read post]
10 Mar 2021, 12:14 pm by Dale Ho
But at roughly the same time, about 70 percent of the population will live in just 15 states — which means that just 30 percent of the country will choose 70 percent of Senators and a super-majority of the Electoral College. [read post]
9 Mar 2021, 10:13 am by Michael Froomkin
Constitution – worse even than the Electoral College, although the two are related, and some versions of fixing the Senate would ameliorate the Electoral College also. [read post]
8 Mar 2021, 9:53 am by Bill
 Sure, the Electoral College gives lightly populated states disproportunate political influence, but on the other hand:Colorado, Montana, North Dakota, Nebraska, and Wyoming, where intercontinental ballistic missiles (ICBMs) are currently based. [read post]
8 Mar 2021, 7:43 am by Robbie Kenney
” An amendment changing the distribution of electoral college votes for presidential candidates to the Congressional District Method currently used in Maine and Nebraska is also supported in Singer’s resolution. [read post]
4 Mar 2021, 9:01 pm by Vikram David Amar and Jason Mazzone
That the Electors Clause of Article II, which provides that the “legislature” of each state shall direct the “manner” in which presidential electors are chosen prevents state courts from overturning the expressed will of the legislative body. [read post]
1 Mar 2021, 12:45 pm by Rohini Kurup, Benjamin Wittes
Capitol Building to harm Members and prevent the certification of Electoral College votes. [read post]
It goes only as far as suggesting that Trump’s conduct might fall outside this scope because Trump sought to “disrupt the legally required process before Congress to supervise the counting of the Electoral College ballots. [read post]
25 Feb 2021, 8:00 pm
What is surprising, however, is the legal avenue being used to pursue that claim – the Ku Klux Klan Act of 1871 (formally known as the Civil Rights Act of 1871).The suit alleges that Trump, along with his longtime cohort and legal advisor Rudy Giuliani, conspired with extremist groups such as the Proud Boys and Oath Keepers to use “intimidation, harassment, and threats” to disrupt the Electoral College vote on January 6, in the hopes of preventing the confirmation… [read post]
17 Feb 2021, 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]
The lawsuit, which Thompson filed as a private citizen rather than in an official capacity, alleges that “[t]he Defendants conspired to prevent, by force, intimidation and threats, the Plaintiff, as a Member of Congress, from discharging his official duties to approve the count of votes cast by members of the Electoral College following the presidential election held in November 2020. [read post]
16 Feb 2021, 4:35 pm by Tom Smith
” As we all know, and are constantly reminded by the pro-Biden media, the courts and state election officials have all ruled against President Trump’s claims of election fraud and other irregularities; the Electoral College voted 306-232 in favor of Joe Biden, Congress certified the results, and Mr. [read post]
14 Feb 2021, 4:19 am by SHG
This insurrection, directed at preventing Congress from performing its constitutional duty of counting the Electoral College votes and certifying the election of a new president, might be an act so venal, pointless and shameful that its timing would test the outer limits of the impeachment clause. [read post]