May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not
- September 12, 2013
“[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.”
READ MORE“… 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.”
READ MORERob explains why II submitted a Supreme Court brief to protect presidential elector discretion and why the National Popular Vote Compact is a terrible idea
READ MORE[The integrity of presidential electors] has taken on great urgency as “progressive” state legislatures increasingly meddle with free elections.
READ MOREThe framers modeled the Electoral College on indirect election systems then prevailing in Scotland and Maryland, in which elector discretion was pivotal.
READ MORESome writers claim the framers adopted an indirect election procedure because they didn’t trust democracy. This is an oversimplification. The framers balanced many factors.
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