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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. Steve Vladeck‏Verified account @steve_vladeck Mar 23

      7. If the "seat of government" doesn't have to be 100 sq. mi., then it could just as easily be 1 sq. mi. And so even if it's unconstitutional for a state to exercise dominion over the "seat of government" (but see PA from 1790–1800), the "seat" can be just a small slice of D.C.

      3 replies 57 retweets 434 likes
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    2. Steve Vladeck‏Verified account @steve_vladeck Mar 23

      8. At most, then, constitutional arguments against D.C. statehood are arguments against statehood for every square inch of D.C. But proposals to preserve a small "federal district" between the White House and the Capitol / Supreme Court necessarily satisfy that concern.

      5 replies 94 retweets 533 likes
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    3. Steve Vladeck‏Verified account @steve_vladeck Mar 23

      9. That also resolves the awkward specter of D.C. statehood co-existing with the 23rd Amendment. That provision doesn't give *D.C.* three electoral votes; it gives three electoral votes to "the seat of government." So the tiny federal enclave would still be represented, too.

      8 replies 50 retweets 437 likes
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    4. Dan Farber‏ @dfarber Apr 12
      Replying to @steve_vladeck

      Kind of a tricky practical problem, though. We don't want to give 3 electoral votes to the incumbent Pres & spouse as the only people actually living in the "federal district."

      1 reply 0 retweets 2 likes
    5. Steve Vladeck‏Verified account @steve_vladeck Apr 12
      Replying to @dfarber

      So have the statehood bill either (1) repeal the Twenty-Third Amendment; or (2) enforce the Amendment by assigning the electoral votes to the winner of the national popular vote.

      1 reply 0 retweets 3 likes
    6. Brian Kalt‏ @ProfBrianKalt Apr 30
      Replying to @steve_vladeck @dfarber

      The bill would need 2/3 to repeal 23A; if you have the votes for that, just pass an amendment for the whole thing. What do you think of my idea from a few years back of assigning the 3 DC EVs to residents of the territories?

      3 replies 0 retweets 9 likes
    7. Dan McLaughlin‏Verified account @baseballcrank Apr 30
      Replying to @ProfBrianKalt @steve_vladeck @dfarber

      How would that not also require an amendment, given the text of the 23d?

      1 reply 0 retweets 0 likes
    8. Brian Kalt‏ @ProfBrianKalt Apr 30
      Replying to @baseballcrank @steve_vladeck @dfarber

      The text says the District’s three votes are allocated “in such manner as the Congress may direct.” As long as they meet in DC to vote I don’t see how the text would preclude that.

      2 replies 0 retweets 4 likes
    9. Dan McLaughlin‏Verified account @baseballcrank Apr 30
      Replying to @ProfBrianKalt @steve_vladeck @dfarber

      It specifically says that "the District" shall appoint them (in such manner as the Congress may direct). The plain language, as understood in 1960 (when all states had chosen electors by popular vote for a century), would seem rather clearly to mean the voters of the District.

      3 replies 0 retweets 0 likes
    10. Brian Kalt‏ @ProfBrianKalt Apr 30
      Replying to @baseballcrank @steve_vladeck @dfarber

      I don’t think, and more importantly the Supreme Court doesn’t think, that states are restricted that way here. This language simply parallels the broad const’l language about states allocating electoral votes. Put another way, if there is a limit here, it’s not from the text.

      2 replies 0 retweets 1 like
      Dan McLaughlin‏Verified account @baseballcrank Apr 30
      Replying to @ProfBrianKalt @steve_vladeck @dfarber

      I'd be interested in seeing your long-form argument, but I remain skeptical that there is any way to get to having the District's electors chosen by people entirely outside the District without violence to the language and the history of the 23A.

      6:33 PM - 30 Apr 2021
      2 replies 0 retweets 0 likes
        1. Brian Kalt‏ @ProfBrianKalt Apr 30
          Replying to @baseballcrank @steve_vladeck @dfarber

          I don’t have a long-form argument, just a brief aside in a long article about something else. Maybe you don’t think a state legislature can choose to allocate EVs to the winner of the national popular vote either. But if you think they can, then this being OK should follow.

          0 replies 0 retweets 1 like
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        2. Jeremy Hamlin‏ @JeremyHamlin Apr 30
          Replying to @baseballcrank @ProfBrianKalt and

          I just don’t understand why the text of “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors” should mean anything different from “The District ... shall appoint in such manner as the Congress may direct: a number of electors.”

          1 reply 0 retweets 0 likes
        3. Jeremy Hamlin‏ @JeremyHamlin Apr 30
          Replying to @JeremyHamlin @baseballcrank and

          If you’re making an original intent argument I guess, but it’s not a textual argument to suggest two substantially identical clauses should mean different things and lead to different results.

          0 replies 0 retweets 0 likes
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