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baseballcrank's profile
Dan McLaughlin
Dan McLaughlin
Dan McLaughlin
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@baseballcrank

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Dan McLaughlinVerified account

@baseballcrank

Senior Writer @NRO. Reaganite, Catholic, Mets fan, ex-lawyer. Opinions 100% my own, but you can share them. Not the Cardinals broadcaster.

New York
nationalreview.com/author/dan-mcl…
Joined May 2009

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    1. Dan McLaughlin‏Verified account @baseballcrank 6 Jul 2020

      1. The faithless-elector decision is, its legal merits aside, a healthy development for the fall elections. States can, of course, allow faithless electors, but long tradition has taught Americans & their candidates to assume that the winner of a state's vote gets its electors.

      14 replies 9 retweets 83 likes
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    2. Dan McLaughlin‏Verified account @baseballcrank 6 Jul 2020

      2. Legally, the decision is...debatable, but an ordinary reading of the plain language of Article II & the Court's prior precedents all pointed in the direction of giving the state legislatures control over the electors.

      4 replies 1 retweet 19 likes
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    3. Dan McLaughlin‏Verified account @baseballcrank 6 Jul 2020

      3. Notable that the Court - yet again - does not cite Bush v Gore, but its treatment of the faithless elector laws is consistent with the broad reading of Article II legislative power that was the basis for the conservatives' concurrence in Bush v Gore.

      1 reply 0 retweets 11 likes
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    4. Dan McLaughlin‏Verified account @baseballcrank 6 Jul 2020

      4. The electoral college has, frankly, departed from its original design, but its value as presently practiced comes from its two centuries of tradition in choosing the American head of state - the oldest continuously elected head of state on earth.

      5 replies 1 retweet 22 likes
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      Dan McLaughlin‏Verified account @baseballcrank 6 Jul 2020

      5. And some of the reasons why the electoral college still works are part of its original design - they're just not completely coextensive.

      7:55 AM - 6 Jul 2020
      • 7 Likes
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      2 replies 0 retweets 7 likes
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        2. Dan McLaughlin‏Verified account @baseballcrank 6 Jul 2020

          6. One state - South Carolina - had electors directly appointed by the state legislature all the way to the Civil War. Which would cause a national uproar today, but is consistent with broad legislative control.

          1 reply 0 retweets 8 likes
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        3. Dan McLaughlin‏Verified account @baseballcrank 6 Jul 2020

          7. (Of course, that is not to say that South Carolina in 1860 did not cause a national uproar, but that's a different thing)

          4 replies 0 retweets 13 likes
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        4. Dan McLaughlin‏Verified account @baseballcrank 6 Jul 2020

          8. There is much to be said for the Court's view that post-1787 tradition is at least partly incorporated in the electoral college by the passage of the Twelfth Amendment in 1804pic.twitter.com/skgBgNNMSH

          2 replies 0 retweets 10 likes
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        5. Dan McLaughlin‏Verified account @baseballcrank 6 Jul 2020

          9. Where the Court is on more unsettled ground is the remedy - i.e., what states can do to enforce the ban on faithless electors. But the Constitution being silent on that, the combination of delegation to state legislatures w/residual state power carries some weight.

          2 replies 0 retweets 7 likes
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        6. Dan McLaughlin‏Verified account @baseballcrank 6 Jul 2020

          10. "Electors contend that elector discretion is needed to deal with the possibility that a future presidential candidate will die between Election Day and the Electoral College vote....We do not dismiss how much turmoil such an event could cause." That happened in 1872.

          2 replies 0 retweets 5 likes
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        7. Dan McLaughlin‏Verified account @baseballcrank 6 Jul 2020

          11. As I read the opinions, Thomas & Gorsuch, by vesting all residual authority over electors in the state legislature, would give legislatures the power to follow, say, the national popular vote compact. Kagan's Art II analysis should, too, but...

          2 replies 0 retweets 6 likes
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        8. Dan McLaughlin‏Verified account @baseballcrank 6 Jul 2020

          12. ...Kagan's opinion has some escape hatches talking about tradition, the power of the popular vote, other clauses in the Constitution. Its logic makes the state legislatures supreme, but maybe not unchecked:pic.twitter.com/SnJGM8IPHp

          3 replies 0 retweets 6 likes
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