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Yeshiva University, Cardozo School of Law

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Constitutional law

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Response Letter To Chairman Mcgovern On Remote Voting, Deborah Pearlstein May 2020

Response Letter To Chairman Mcgovern On Remote Voting, Deborah Pearlstein

Testimony

Letter sent to Congressman Jim McGovern, Chair of the House Rules Committee. This letter has been entered into the Congressional Record.

"I read with interest an article by Mssrs. Mark Strand and Tim Lang introduced into the record during yesterday’s hearing of the House Rules Committee on H. Res. 965 - Authorizing remote voting by proxy in the House of Representatives. Having written elsewhere in detail about my conviction that the rules change under consideration readily passes constitutional muster, I am grateful for the opportunity to explain why the Strand and Lang position fails to persuade."


Letter To Chairman Mcgovern On Remote Voting, Deborah Pearlstein Apr 2020

Letter To Chairman Mcgovern On Remote Voting, Deborah Pearlstein

Testimony

Letter written to Congressman Jim McGovern, Chair of the House Rules Committee. This letter has been entered into the Congressional Record.

As a professor of constitutional law, and a scholar who has written extensively on separation of powers issues in U.S. Government, I believe adopting procedures to allow for remote voting under these extraordinary circumstances is not only lawful, but essential to the maintenance of our constitutional democracy. Recognizing that specific procedures for remote voting may still be in development, the analysis offered here focuses foremost on the broad scope of Congress’ constitutional authority to regulate its voting procedures.