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Election Law

William & Mary Law School

Constitutional Law

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Full-Text Articles in Law

Symposium: Liquidating Elector Discretion, Rebecca Green Apr 2020

Symposium: Liquidating Elector Discretion, Rebecca Green

Popular Media

No abstract provided.


Liquidating Elector Discretion, Rebecca Green Jan 2020

Liquidating Elector Discretion, Rebecca Green

Faculty Publications

In Chiafalo et al. v. Washington, the US. Supreme Court determined that states may constitutionally remove or punish faithless electors. In support of its holding, the Court cited a 2014 case called National Labor Relations Board v. Noel Canning, which blessed a form of constitutional interpretation that looks to settled practice (or "liquidation," as James Madison called it) to resolve constitutional ambiguity. The Court agreed with petitioners that electors following the majority will of voters in their state is settled practice. This Article engages this assertion, suggesting that the question is more nuanced than the Court allowed. It …


Trusting The Federalism Process Under Unique Circumstances: United States Election Administration And Cybersecurity, Eric S. Lynch Apr 2019

Trusting The Federalism Process Under Unique Circumstances: United States Election Administration And Cybersecurity, Eric S. Lynch

William & Mary Law Review

No abstract provided.


Democratic Inclusion, Cognitive Development, And The Age Of Electoral Majority, Vivian E. Hamilton Jul 2012

Democratic Inclusion, Cognitive Development, And The Age Of Electoral Majority, Vivian E. Hamilton

Faculty Publications

No abstract provided.