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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 Aug 5

      Dan McLaughlin Retweeted Chris Kieser

      The legislature needs the governor in order to pass state laws, even election laws (see Smiley v Holm), but it absolutely has the Article II power to just select electors *without the governor*. What is controversial, in historical practice, about that?https://twitter.com/ckieser13/status/1423319194939101186 …

      Dan McLaughlin added,

      Chris Kieser @ckieser13
      This @baseballcrank piece confuses the totally uncontroversial idea that states have plenary power to pick their electors with the much more controversial position that the legislature alone (to the exclusion of even the governor) may appoint electors. https://www.nationalreview.com/2021/08/jane-mayer-mangles-the-constitution/ …
      Show this thread
      8 replies 2 retweets 14 likes
      Show this thread
    2. Chris Kieser‏ @ckieser13 Aug 5
      Replying to @baseballcrank

      Has any case ever said this? Just as a matter of current law, isn't Arizona Independent Redistricting Commission to the contrary?

      1 reply 0 retweets 2 likes
    3. Dan McLaughlin‏Verified account @baseballcrank Aug 5
      Replying to @ckieser13

      Yes, McPherson v Blacker goes into detail on this point.

      1 reply 0 retweets 0 likes
    4. Chris Kieser‏ @ckieser13 Aug 5
      Replying to @baseballcrank

      But wasn't McPherson a challenge to a state law which appointed one elector by popular vote from each Congressional district...not a mere declaration from the legislature, but a state law.

      1 reply 0 retweets 0 likes
    5. Chris Kieser‏ @ckieser13 Aug 5
      Replying to @ckieser13 @baseballcrank

      In your view, could the Pennsylvania legislature adopt Maine's rule without passing legislation signed by Governor Wolf?

      1 reply 0 retweets 0 likes
    6. Dan McLaughlin‏Verified account @baseballcrank Aug 5
      Replying to @ckieser13

      No, because that is a law requiring presentment to the governor.

      1 reply 0 retweets 0 likes
    7. Chris Kieser‏ @ckieser13 Aug 5
      Replying to @baseballcrank

      So in order for the legislature to appoint electors consistent with law, wouldn't it have to first repeal the current law requiring a popular vote...which would require the governor's signature?

      1 reply 0 retweets 0 likes
      Dan McLaughlin‏Verified account @baseballcrank Aug 5
      Replying to @ckieser13

      That, at least, is a more serious question. The legislature has inherent power to select electors without the Gov. But the situations in which it can do so when a state statute has chosen another method are much trickier, even aside from the temporal issue I discussed.

      11:13 AM - 5 Aug 2021
      0 replies 0 retweets 0 likes

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