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21 Aug 2019, 7:30 am
The electoral college did not exist before ratification of the federal Constitution, and thus the states could reserve no rights related to it under the Tenth Amendment. [read post]
13 Aug 2019, 2:48 pm
For the symposium on Lawrence Lessig, Fidelity and Constraint: How the Supreme Court Has Read the American Constitution (Oxford University Press, 2019).I am grateful to Jack Balkin and the Balkinization blog for the careful and powerful collection of review essays based on my book Fidelity & Constraint (2019). [read post]
11 Aug 2019, 9:01 pm
So, for example, when a state decides to move from a winner-take-all allocation for its electors to a district-by-district approach (or vice versa) because of electoral-college-outcome consequences, that may be bad business, but it isn’t necessarily bad (i.e., unconstitutional) law.Challengers to California’s law make a few big legal arguments. [read post]
9 Aug 2019, 9:30 am
MPP Nathalie Des Rosiers, who had announced her intention to leave office on May 16, resigned on July 31 to begin working August 1 as the Principal of Massey College at the University of Toronto. [read post]
9 Aug 2019, 5:35 am
The Electoral College In the same answer in which he addressed money in politics, Buttigieg suggested that we “end the Electoral College. [read post]
6 Aug 2019, 8:23 am
According to the database cited by the Times, far-right extremists perpetrated three deadly attacks in 2015 (in Chapel Hill, North Carolina; Charleston, South Carolina; and Umpqua Community College in Oregon). [read post]
25 Jul 2019, 1:17 pm
The numbers of slaves in the states where they were held was a factor in the number of House seats and the number of Electoral College votes allotted to those states, and that fact continued for 81 years, until the 14th Amendment made the freed slaves citizens and declared that they were to be counted as whole persons. [read post]
23 Jul 2019, 7:02 am
Even so, playing with mapes is fun, and considering the Electoral College implications is likewise amusing [read post]
22 Jul 2019, 8:29 am
Those population numbers determine how many congressional seats and electoral college votes each state gets, as well as guide the distribution of around $880 billion a year in federal tax dollars for schools, roads and other public services. [read post]
21 Jul 2019, 9:10 pm
In recent years, the American electorate has become more diverse, and a small cadre of people has accumulated vast amounts of wealth. [read post]
19 Jul 2019, 2:09 pm
It could conceivably work to the advantage of either party, and either way, higher turnout could widen the gap between the Electoral College and the popular vote. [read post]
19 Jul 2019, 3:44 am
That was true in 2016, despite Hillary Clinton’s defeat in the Electoral College. [read post]
17 Jul 2019, 9:01 pm
” And other states, the Chief Justice pointed out, are “placing power to draw electoral districts in the hands of independent commissions. [read post]
16 Jul 2019, 8:05 pm
That discussion is totally absent today, save for some almost offhand comments about reforming the Electoral College, which is really low-hanging fruit inasmuch as every single public opinion poll since 1944 has shown that a majority of the respondents supported getting rid of it in favor of direct election. [read post]
16 Jul 2019, 1:01 am
The Twenty-third Amendment to the United States Constitution, ratified in 1961, gave the District representation in the Electoral College. [read post]
14 Jul 2019, 8:58 pm
More recently, Gregory Shill of the University of Iowa College of Law describes in The Atlantic how the law effectively compels the use of the automobile, repeating the 1977 SCOTUS reference in Wooley v. [read post]
13 Jul 2019, 2:50 pm
Douglas declared thatA State violates the Equal Protection clause of the 14th amendment whenever it makes the affluence of the voter or payment of any fee an electoral standard. [read post]
10 Jul 2019, 7:10 am
It’s a reason why Electoral College reform to make the presidential election truly national must occur at the federal level and not at the state level. [read post]
3 Jul 2019, 4:10 am
Since the number of seats that a state has in the House also translates into votes in the Electoral College, under-counted states would have lost power in the College when it casts votes on the presidency in 2024 and 2028. [read post]
1 Jul 2019, 6:30 am
Our misguided critics think fidelity to role requires courts and members of the executive branch to respect the electorate’s choice and treat Electoral College winners as vested with full Article II powers, no matter what their character and no matter how dubious their Electoral College victory.These observations suggest that all constitutional interpreters, on and off the court, translate and engage in what Lessig calls two-step originalism. [read post]
