Commentary: Taking Federalism Seriously

The Framers left us a Constitution that gives powers and authority both to the national government and to the states. But the Constitution does not systematically expound on the nature and extent of those powers, nor does it offer a clear-cut rationale for what the states are supposed to do beyond checking national power – a theoretical deficiency rooted in political reality.

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Justices Rule 9-0: States Can Bind Presidential Electors’ Votes

In a decision flavored with references to “Hamilton” and “Veep,” the Supreme Court ruled unanimously Monday that states can require presidential electors to back their states’ popular vote winner in the Electoral College.

The ruling, in cases in Washington state and Colorado just under four months before the 2020 election, leaves in place laws in 32 states and the District of Columbia that bind electors to vote for the popular-vote winner, as electors almost always do anyway.

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