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The Faithless Electors Case: Not as Bad as it Might Have Been

The Faithless Electors Case: Not as Bad as it Might Have Been

by Michael D. Ramsey | Jul 9, 2020 | Court Cases

Monday’s decision in Chiafalo v. Washington (the “faithless electors” case) was a relatively short, crisp, kind-of textualist/originalist opinion by Justice Kagan (for seven Justices, with Thomas, joined in part by Gorsuch, concurring separately). ...
Original Meaning in the the Faithless Electors Case

Original Meaning in the the Faithless Electors Case

by Michael D. Ramsey | Aug 30, 2019 | Court Cases, Elections, Electoral College

Last week the Tenth Circuit held in Baca v. Colorado Department of State that Colorado could not remove and replace a presidential elector who failed to vote for the candidate winning the most votes for President in Colorado. (This sets up a conflict with the...
Faithless Electors and the Constitution

Faithless Electors and the Constitution

by Michael D. Ramsey | Dec 19, 2016 | Electoral College

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...
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