Law Professor Vikram Amar Analysis Says Initiative Process Can be Used to Alter Election Laws on Electoral College

Law Professor Vikram Amar has just made this scholarly paper available. It analyzes whether or not the initiative process can be used to alter state laws on presidential elector selection, and concludes that Article Two does not bar the use of initiatives for that purpose. Thanks to Rick Hasen for the link.


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Law Professor Vikram Amar Analysis Says Initiative Process Can be Used to Alter Election Laws on Electoral College — No Comments

  1. Interesting. Thesis is that Article II’s use of “Legislature” was meant to “take the state’s legislative process as found.” Certainly plausible, though I think Amar is wrong to state that the counter-argument–that Legislature means the formal body–is “weak.” Amar ignores an important example from the Civil War, where the House of Representatives emphatically rejected his thesis in the context of Article I’s use of “Legislature.” There, the House ruled that Michigan’s Legislature could override Michigan’s Constitution (and its People) when regulating federal congressional elections. One can argue this same rationale applies to Article II. Indeed, I think it has greater force with Article II.

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