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Robert J. Delahunty, Is the Uniform Faithful Presidential Electors Act Constitutional?, 2016 Cardozo L. Rev. de novo 165 (2016).
Assessing the constitutionality of the Uniform Faithful Presidential Electors Act to solve the problem of the “Faithless Elector” and concluding its attempt to eliminate elector discretion is unconstitutional.
Advocating for an impartial institution to adjudicate disputed elections after analyzing the Founders’ dilemma in confronting the 1792 dispute in the New York gubernatorial election between George Clinton and John Jay.
Lawrence B. Solum & Robert W. Bennett, A Dialogue on Originalism Occasioned by Bennet’s Electoral College Reform Ain’t Easy, 101 Nw. U. L. Rev. Colloquy 31 (2006).
Cataloguing the discussion between Professors Solum and Bennett surrounding how original meaning originalism affects modern interpretation of discretion held by electors.
Contrasting the actions of Adams and Jefferson as vice presidents in the electoral vote disputes of 1796 and 1800 to demonstrate historical discretion and its limits.
Arguing that the electoral college fails to uphold real federalist ideals because all states use popular voting and electors lack discretion.
Arguing the Electoral Count Act of 1887 is unconstitutional as beyond the power of Congress.
Beverly J. Ross & Wiliam Josephson, The Electoral College and the Popular Vote, 12 J.L. & Pol. 665 (1996).
Concluding that the Constitution permits electors to exercise discretion but that states should use their power to bind electors either directly or by authorizing, requiring, or permitting party pledges.
Arguing for extension of “one person, one vote” to the presidential elections process either through court challenge or constitutional amendment.
Tracing the evolution of congressional control over the counting of electoral votes up to the presidential election of 1924.
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