by jpitney | Aug 7, 2020 | Constitution, Madison
Martin Skold and J. Furman Daniel at The Bulwark: As George Will articulated in his recent book, one of few constants in American conservatism over the centuries is its veneration of the Madisonian Constitution, not merely as a legal system to be manipulated or...
by jpitney | Jul 30, 2020 | Constitution, Elections, Electoral College, Emergency
Jacob Shelly at the Congressional Research Service: Unlike the practice of some states that allow the Governor to postpone an election during emergencies, neither the Constitution nor Congress provides any similar power to the President or other federal officials to...
by jpitney | Apr 20, 2020 | Congress, Constitution, Presidency
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...
by jpitney | Mar 31, 2020 | Congress, Constitution, House of Representatives, Uncategorized
In 2003, Rep. David Dreier explained why we should fill mass vacancies in the House through expedited special elections, not appointment: I think that Chairman Sensenbrenner has very ably focused on two of the authors of the Federalist, James Madison and Alexander...
by jpitney | Mar 4, 2020 | Congress, Constitution, Separation of Powers, Uncategorized
The House Rules Committee holds a hearing to examine the constitutional role of Congress in matters such as national emergencies, foreign policy, and government funding.
by jpitney | Nov 21, 2019 | Congress, Constitution, Senate, Uncategorized
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...
