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1/ Ugh, this is so fracking frustrating: NO, @USATODAY, this is NOT a “fact” that is “true.” https://www.usatoday.com/story/news/factcheck/2020/11/10/fact-check-state-legislators-choose-electors/6204171002/
And the idea you would represent a complicated legal argument like this is completely irresponsible.
And the idea you would represent a complicated legal argument like this is completely irresponsible.
2/ There is NO LEGAL AUTHORITY for the proposition that AFTER a legislature has vested the choice of electors in the people, the legislature can recall that power and vest it differently.
It has literally NEVER happened.
It has literally NEVER happened.
3/ And the clear import of the recent (unanimous) "faithless elector" case is that they couldn't.
We know the framers were certainly not intending to give LEGISLATURES the power to pick the President. They expressly considered that and they expressly rejected it.
We know the framers were certainly not intending to give LEGISLATURES the power to pick the President. They expressly considered that and they expressly rejected it.
4/ To suggest now, ala @marklevinshow, that they can pick a slate of electors and tell the electors how they must vote is a complete betrayal of the original design.
