“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Today in 1800, electors in the states cast ballots that resulted in an electoral tie between Thomas Jefferson and Aaron Burr in the United States presidential election. The contest was the product of a bitter campaign season, the first contested presidential election...
Democratic socialist Alexandria Ocasio-Cortez, seeking to represent New York’s 14th Congressional District, has called for the abolition of the Electoral College. Her argument came on the heels of the Senate’s confirming Brett Kavanaugh to the Supreme...
There has been a strong push to do away with the Electoral College in recent years. One of the more interesting proposals is the “Agreement Among the States to Elect the President by National Popular Vote.” Not only does it attempt to circumvent the constitutional...
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...
Connecticut just became the tenth blue state to pledge to cast its electoral votes for whichever presidential candidate wins the popular vote nationally. Why? Because according to the measure’s proponents, the electoral college — along with everything else...
At Volokh Conspiracy, David Post argues that under an originalist reading of the Constitution, presidential electors must vote their conscience and not feel bound to vote for the winner of their state. As he puts it, “to the originalist, the ‘faithless...