The amicus also has history about the Twelfth Amendment, which went
into effect in 1804 and which specified that every elector should vote
separately for president and vice-president. Previously all electors
merely cast two votes, and whoever got the second highest number of
electoral votes nationwide became vice-president. Some opponents of
elector freedom have argued that the Twelfth Amendment ended elector
independence. But Foley shows that the Twelfth Amendment passed in
Congress without a single vote to spare, and it only passed because its
backers assured everyone that the amendment did not change anything
except to provide for separate ballots for president and vice-president.
Online report of the Progressive Review. Since 1964, the news while there's still time to do something about it.
March 9, 2020
Scary brief filed over power of presidential electors
Ballot Accesss -Law professor Edward B. Foley has filed this amicus curiae brief
in the U.S. Supreme Court in Chiafalo v State of Washington, the case
over presidential electors and whether they can vote for the candidate
of their choice. The amicus presents history, showing that in the
debates over whether to pass the U.S. Constitution during 1787-1789,
writings from that period showed that everyone thought the electors
would exercise judgment.
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1 comment:
Seems like I saw this episode of Boston Legal years ago...
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