Sorry, Vice-President Pence can’t replace electors on his own
“[T]he failure of the Trump legal team and its allies to understand the Constitution’s rules on presidential elections has cost them dearly. They have evidence of fraud and other election irregularities. But they have not used that evidence well.”
Supreme Court curbs the COVID police
The most memorable opinion was written by Justice Gorsuch. In joining the majority, he reminded us that “Government is not free to disregard the First Amendment in times of crisis.”
The new mainstream media tactic: Keep ‘em ignorant
The [Electoral College] has protected us against highly fractured results and purely regional candidates in almost every election since 1824.
Even with Amy Coney Barrett, we don’t really have a conservative Supreme Court
At the close of every annual court term, commentators express surprise that so many of the court’s decisions over the previous year have been liberal. They never make the simple deduction that if the court is producing so many liberal decisions, then perhaps it is not “conservative” after all.
Is the Nomination of Amy Coney Barrett Unconstitutional?
[T]he statements by Biden, Leahy, and Feingold are flatly incorrect. The current proceedings are neither “unconstitutional” nor “illegitimate” nor an attempt to “steal” anything.
The Electoral College: The target of politicians who would make things worse
If we were to cut the presidency down to constitutional size, it wouldn’t matter so much that on rare occasions the position’s occupant was not the popular vote winner.
Civics 101: How to understand the Constitution
“Here’s an important, but widely overlooked, feature: The document doesn’t grant power only to federal officials. It also confers power on persons and entities who are not part of the U.S. government at all.”
A defense of the Electoral College
“… 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.”
City destroys home without paying: Will the Supreme Court take the case?
The Takings Clause in the Fifth Amendment to the U.S. Constitution . . . reads in part, “nor shall private property be taken for public use, without just compensation.”
Underselling Originalism
Originalism is not a modern invention “[T]he ‘intent of the makers’ had been the lodestar of documentary construction since at least the 1500s.”
Global warming and the Constitution’s amendment process: How to tell whether a ‘consensus’ Is true
How academics formed a completely erroneous “consensus” about the convention procedure of Article V.
Two new briefs in the Supreme Court’s Electoral College case
[The integrity of presidential electors] has taken on great urgency as “progressive” state legislatures increasingly meddle with free elections.
