What Does It Mean for the Senate to Give Its “Advice and Consent?”
The Constitution provides that presidents nominate officers and make treaties. But nominations and treaties become effective only “by and with the Advice and Consent of the Senate.” Many have argued that the word “Advice” means the president must ask the Senate to...
Twelfth Amendment and the Electoral College: Electors’ Right to Vote Their Conscience
Independence Institute Court Brief Uphold’s Founders’ View of Electoral College When Colorado and Washington presidential electors refused to vote for either Hillary Clinton or Donald Trump in the 2016 election, state officials fined them, threatened them...
New Article Shows How 18th Century Law Helps Us Understand the Constitution
“Living Constitutionalists” and other opponents of constitutional government sometimes claim recovering the Constitution’s original meaning is impossible or impractical. One reason some of them think that is they they fail to take advantage of the hundreds of books...