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  • COVID-19 and the Constitution

    COVID-19 and the Constitution0

    • April 27, 2020

    The Constitution’s flexibility in emergency is why the late Justice Robert H. Jackson once said, “The Constitution is not a suicide pact.” But emergencies do not cause the Constitution to vanish.

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  • New article shows how amendments conventions and other “federal functions” are regulated

    New article shows how amendments conventions and other “federal functions” are regulated0

    • April 21, 2020

    “[A]nother mistake is that because an amendments convention executes a federal function, Congress can control it. But . . . the rules and protocols for carrying out federal functions come from the Constitution, not from Congress.”

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  • A defense of the Electoral College

    A defense of the Electoral College0

    • April 5, 2020

    “… when Hamilton stated . . . that he believed electors would use “information and discernment,” that is not very good evidence that future electors did in fact use information and discernment. But it is quite good evidence that Hamilton and his readers believed the Constitution empowered electors to do so.”

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