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28 Apr 2022, 8:43 am by Neil H. Buchanan
  There, we responded to chatter from the Trumpist right about using the Twelfth to take the election out of the hands of the Electoral College (where Trump's people correctly anticipated he would lose) and kick it to the House of Representatives, where Trump would win by relying on the strange rule in that amendment whereby each state's delegation would receive a single vote. [read post]
10 Aug 2017, 11:12 am by Daniel Tokaji
Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law at The Ohio State University Moritz College of Law. [read post]
15 May 2020, 3:56 am by Edith Roberts
” At the Election Law Blog, Rick Pildes pushes back against the electors’ argument that chaos might also result from a ruling for the states, explaining why “[t]he Court should feel free to resolve the cases without any concern that permitting states to bind their electors creates any meaningful risk, even if we ever face, for the first time, a situation in which a winning candidate dies in the 5-6 weeks between the election and the meeting of the… [read post]
2 Aug 2021, 9:22 am by Dayna Zolle
” The Constitution and federal law require Congress to meet on Jan. 6 to count and certify the Electoral College’s votes, yet Trump’s alleged actions encouraged the violent disruption of that process. [read post]
17 Mar 2009, 11:22 am
From Nick Federico, Deans Fellow to Professor Anthony Varona, Professor of Law at the American University, Washington College of LawCALL FOR PAPERS & PANELSOUTSIDERS INSIDE: CRITICAL OUTSIDER THEORY AND PRAXISIN THE POLICYMAKING OF THE NEW AMERICAN REGIMEAmerican University - Washington College of LawWashington, D.C.October 1 - 4, 2009Please join us at LatCrit XIV, the Fourteenth Annual LatCrit (Latina and LatinoCritical Legal Theory, Inc.) [read post]
15 Jun 2019, 6:30 am by JB
They point out that the electoral maps of recent elections look much like the electoral map in 1896, but with the parties reversed. [read post]
5 Jan 2021, 12:32 pm by Matt Gluck
Approximately 10 senators joined Republican representatives on a phone call Monday to discuss plans to contest the Electoral College’s votes for President-elect Joe Biden, reports Politico. [read post]
9 Oct 2019, 9:01 pm by Vikram David Amar
Gore observed (uncontroversially affirming cases going back over a hundred years): The individual citizen has no federal constitutional right to vote for electors for the President of the United States unless and until the state legislature chooses a statewide election as the means to implement its power to appoint members of the Electoral College. [read post]
19 Jun 2020, 6:12 am
Lieberman et al. noted that Trump has "repeatedly challenged the very legitimacy of the basic mechanics and norms of the American electoral process, invoking the specter of mass voter fraud, encouraging voter suppression, selectively attacking the Electoral College, and even threatening to disrupt the peaceful transfer of power" and noted that "Never in the modern era has a presidential candidate threatened to lock up his opponent; castigated people so… [read post]
16 Feb 2024, 7:56 am by Michael C. Dorf
Constitution expressly grants the states the primary role in choosing the President--even to the point that states can, if they so choose in advance, select their Electors for the Electoral College by means other than an election. [read post]
1 Feb 2020, 8:33 pm by Sandy Levinson
 In any event, the failure to seize the seat, if available, would certainly anger the base.We would, of course, be far better off if we got rid of the eleven-week hiatus, but that would require also getting rid of the idiotic electoral college, which causes the delay. [read post]
2 Apr 2024, 7:04 am
You’ve probably heard the allegations: Kennedy’s operatives fixed the tallies in Texas and Illinois, giving him those states’ 51 electoral votes and a majority in the Electoral College. [read post]
30 Jul 2016, 1:27 pm by Sandy Levinson
., because of the inane electoral college, it’s also the case that, quite obviously, the actual electors serve no useful purpose was genuine filters between popular sentiment and presidential selection. [read post]
13 Mar 2022, 9:01 pm by Vikram David Amar
” With respect to presidential electors, Article II provides that “[e]ach state shall appoint, in a manner the legislature thereof may direct, [a set of electors]. [read post]
6 Mar 2012, 10:11 am by Dan Tokaji
Gilbert Assessing Voting Competence and Political Knowledge: Comparing Individuals with Traumatic Brain Injuries and “Average” College Students, Jessica N. [read post]
8 Feb 2009, 7:36 am
Perhaps the electoral college is defensible, though I think not, but whatever its merits may be, recognition of what most of the world or any competent 21st century "democratic theorist" would call "the principle of majority rule" is not one of them. [read post]
23 Mar 2020, 3:40 am by Edith Roberts
Baca, which asks whether the Constitution forbids a state from requiring its presidential electors to follow the state’s popular vote when casting their electoral college ballots, arguing that the “Supreme Court should reject the Tenth Circuit’s reasoning and its conclusion that the state’s power ends with the appointment of Electors,” and “should develop a coherent theory of the relationship of the people, the states, and the… [read post]
3 Oct 2014, 3:38 am by SHG
  While Andy notes, as if this is a justification for anything, that he has three daughters, explain to him that a lot of the electorate has sons, whether alone or with daughters. [read post]
25 Sep 2020, 6:30 am by Guest Blogger
A number of other reforms and changes have been suggested: admitting new states to the Union, changing the rules of the Senate, and passing the National Popular Vote Interstate Compact to mitigate the idiosyncrasies of the Electoral College. [read post]