What Does the Founding Era Evidence Say About How Presidential Electors Must Vote? – 4th in a Series on the Electoral College

What Does the Founding Era Evidence Say About How Presidential Electors Must Vote? – 4th in a Series on the Electoral College

As mentioned in the first installment of this series, litigation has erupted in Colorado over whether a state may dictate the vote of a presidential elector and remove that elector if he opts to vote otherwise. Similarly, a Washington State lawsuit tests a state law that, while recognizing the validity of a vote contrary to an earlier pledge, imposes a $1000 fine on an elector who casts such a vote. In 1952 the Supreme Court upheld an Alabama law requiring…

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The Electoral College In Context—or Some Interesting Stuff You Might Not Have Thought About – 3rd in a Series

The Electoral College In Context—or Some Interesting Stuff You Might Not Have Thought About – 3rd in a Series

The first installment in this series addressed the problems the framers faced in devising a system of presidential selection. The second explains that system, as modified by the Twelfth Amendment. This installment addresses how the Electoral College fits in the wider constitutional context. The word “college” does not appear in the Constitution, which refers only to “electors.” Moreover, in this context “college” has nothing to do with higher education. Like many 18th century English language usages, it was based on…

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Electoral College Rules Made Simple (or, rather, less complicated)—2nd in a Series

Electoral College Rules Made Simple (or, rather, less complicated)—2nd in a Series

The first article in this series surveyed the problems the framers encountered in crafting a mode for choosing the president and how they addressed those problems. This installment explains in detail the Constitution’s compressed and technical language as it was understood after adoption of the Twelfth Amendment in 1804. Variations between the original understanding and modern practice are noted in this article. The Constitution initially provided that after the choice of the president the person with the most electoral votes…

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The most ‘underrated’ founder’s influence on America’s Constitution

The most ‘underrated’ founder’s influence on America’s Constitution

This article first appeared in The Hill. This month marks the 250th anniversary of John Dickinson’s Letters from a Farmer in Pennsylvania — the landmark series of newspaper op-eds that laid out the colonial case against taxation without representation. The letters were widely republished and made Dickinson for a time the most famous American in the world, second only to Ben Franklin. The Farmer Letters should not, however, overshadow Dickinson’s immediate impact on the U.S. Constitution. The Constitution bears a much closer resemblance to his vision…

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Why Did the Framers Create the Electoral College?—1st in a Series

Why Did the Framers Create the Electoral College?—1st in a Series

Colorado went Democrat in the last presidential election. But three of those elected as presidential electors wanted to vote for someone other than Hillary Clinton. Two eventually cast ballots for Clinton under court order, while one—not a party to the court proceedings—opted for Ohio Governor John Kasich, a Republican. After this “Hamilton elector” voted, state officials voided his ballot and removed him from office. The other electors chose someone more compliant to replace him. Litigation over the issue still continues, and…

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