Contingent Election

In some states, the results of the 2020 presidential election might be in dispute.  And a 269-269 tie is possible, albeit unlikely.  What then?  Under the 12th Amendment, the newly-elected House picks the president — with each state getting one vote — and...

Advice and Consent

Allan Matkins at The National Law Review: The United States Constitution vests the executive power of the federal government in the president, but his or her power is not entirely autonomous. Notably, Article II, Section 2 notably endows the president with the...

Populism, Elitism, and the Constitution

Yuval Levin at AEI: Populism and elitism are each in its way a kind of politics of hubris. Each is rooted in a plainly unreasonable view about the capacity of human beings — be it a select class or the people as a whole — to make just the right governing...