Executive Writs of Election

Arguing that the Framers were unsure from which branch of state government a threat to liberty might come, and citing inter alia the House Vacancies Clause for the proposition that “[t]he Constitution singles out branches of state government only when granting specific powers or imposing specific duties, generally only by way of specifying who will represent the state in intergovernmental matters.”

Contrasting the House Vacancies Clause with the Senate Vacancy Clause and arguing that the lack of “resignation” language in the House Clause indicates an intent at the Founding that House members not be permitted to resign their offices.

· Employing intratextual comparison to the House and Senate Vacancies Clauses to argue for an “arise” rather than an “exist” interpretation of “happen” in the Recess Appointments Clause.