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17 Feb 2010, 8:55 am
At the federal constitutional level, they are used to decide how many seats each state gets in the House (and thus also how many Electors in the Electoral College). [read post]
20 Aug 2024, 12:25 pm by Lawrence Solum
Politically, Congress came together at the end of 2022 to pass the Electoral Count Reform Act to deter future attempts to manipulate electoral college rules in order to subvert election results, but future bipartisan action to prevent retrogression seems less likely. [read post]
31 Jan 2024, 9:01 pm by Vikram David Amar and Jason Mazzone
Constitution permit/direct states to provide for the times, places and manner for electing members of Congress and appointing presidential electors, but the Constitution also explicitly allows Congress to override state regulations of the timing of congressional elections and in a similar vein, with respect to presidential elector selection, to “determine the Time of chusing the Electors. [read post]
5 Nov 2020, 9:03 pm by Joshua Burd
West noted that the founders created the Electoral College to account for anti-majoritarian concerns but argued that the Electoral College gives states with less economic activity the power to choose Presidents and dictate public policy. [read post]
4 Jan 2011, 10:02 am by GuestPost
An historian who focuses on issues around fertility control, she is co-ordinator of Women’s Studies at University College Cork and a member of Cork Women’s Right to Choose Group. [read post]
7 Nov 2016, 11:49 am by Lisa A. Mazzie
The elector must then answer under oath question about eligibility related to the challenged. [read post]
12 Jun 2019, 9:01 pm by Neil H. Buchanan
” After all, we all accept that he “legitimately” won the presidency only in the sense that our encrusted Electoral College system (which is one of many ugly compromises with the slave states at the nation’s founding) allowed him to win. [read post]
12 Nov 2020, 9:01 pm by Neil H. Buchanan
“Letting His Fragile Ego Accept Reality” Merely Gives Republicans Time to Knuckle Under to TrumpThe people who mock left-leaning college students as “snowflakes” are suddenly the Kumbaya party, telling everyone not to worry that Trump has thrown the country into a constitutional crisis, because he merely needs to find some inner peace after a huge disappointment. [read post]
7 Mar 2008, 4:56 am
No one has demonstrated to my satisfaction why we ought to have a tricameral legislative system that gives one person, who may have been rejected by a majority of the electorate (given our "convoluted and dysfunctional" electoral college) basically dictatorial authority to negate the views of majorities of both the House and the Senate when the basis of the veto is nothing more than policy disagreement with the congressional majority. [read post]
22 Jul 2020, 1:23 pm by Steve Lubet
In other words, the purpose of the plan is to punish Blue states, especially California, by depriving them of representation in Congress (and therefore in the Electoral College). [read post]
18 Sep 2017, 10:20 am by Christopher Freiman
  Christopher Freiman is the Class of 1963 Distinguished Term Associate Professor of Philosophy at the College of William and Mary. [read post]
23 Jun 2020, 3:56 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, “and with the same reasoning as the 10th Circuit, voters should hold on to their hats during the 2020 election. [read post]
9 Aug 2012, 11:22 am by Mark Graber
  The people as a whole may reject religious freedom or electoral systems designed to secure virtuous leaders may foster polarization. [read post]
4 Nov 2020, 4:47 pm by Sabrina I. Pacifici
It provides a fail-safe mechanism for only one situation, which has not happened since 1824: If no candidate gets the necessary majority of votes in the Electoral College, then the House picks the president from the top three Electoral College candidates. [read post]
29 May 2017, 3:00 am by NCC Staff
If Nixon had won those two states, he would have defeated Kennedy by two votes in the Electoral College. [read post]
27 Jan 2010, 5:40 am by Lawrence Solum
The Electoral College is a periodic institution, the Roman dictatorship an episodic one. [read post]
5 Sep 2006, 4:28 pm
Rather than privilege consensus outcomes as originally intended, the electoral college and practice of elected all national officials in local elections more often that not promotes extremism. [read post]
29 May 2015, 3:00 am by NCC Staff
If Nixon had won those two states, he would have defeated Kennedy by two votes in the Electoral College. [read post]
6 Oct 2018, 4:36 am by SHG
Argue about this all you want (though not here), but it won’t change the fact that no one knows the outcome of a popular vote, and it’s a lie to extrapolate our electoral college system into a popular vote system when it suits your argument. [read post]