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Full-Text Articles in Law
Don’T’ Know Much About History: Constitutional Text, Practice, And Presidential Power, David A. Schultz
Don’T’ Know Much About History: Constitutional Text, Practice, And Presidential Power, David A. Schultz
David A Schultz
Assertions of presidential supremacy and power in affairs often invoke history, including events during the administration of George Washington, to defend their assertions. This article raises some questions regarding what we can learn from history for constitutional argument. It concedes generally that historical facts can support or buttress constitution argument, but more specifically it contends that acts undertaken by George Washington are problematic assertions for presidential power, especially those that assert “supremacist” or broad if not exclusive claims for presidential foreign policy authority. To do that, this article first describes how history is employed as constitutional argument for presidential power. …
Swing-Voters, Swing-States, And The Distortion Of The Winner-Take-All Electoral College, David A. Schultz, Christopher M. Duquette
Swing-Voters, Swing-States, And The Distortion Of The Winner-Take-All Electoral College, David A. Schultz, Christopher M. Duquette
David A Schultz
In the United States voting is a fundamental right marked by the requirement of equal weight. This concept is best expressed by the Supreme Court in its reapportionment decisions where it mandated “one person, one vote.” Yet despite this equal weight imperative, some votes count more than others. This is especially true in presidential elections where some argue that the winner-take-all method for allocating electoral votes gives disproportionate weight to some voters and states. This article presents a new method assessing the impact of swing voters within the winner-take-all method states use to allocate electoral votes. It seeks to show …