73

It looks to me as if the Harvard Law Review is engaging in a rather laboured joke, in the spirit of Swift's A Modest Proposal. To be more precise, it seems to be a satire on the temptation to change the rules when one is losing the game. The problem with that in any vaguely democratic system is assembling the votes to make the change. This proposal ...


20

Could they do it? Probably. Several things could go wrong, though. I think changing our system in such a fundamental way with such a contrived method would shake faith in our democracy. It would be seen as illegitimate, even if it was done "by the book", everyone voted the expected way, and the courts declared it legal. While the proposal correctly states ...


14

As said in the US constitution: Article IV, Section 3, Clause 1 of the US Constitution states: New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the ...


9

The election for the president is the Electoral college. You are talking about how a state chooses its electors, and this is a matter for the state. The people in Maryland get to choose between the various candidates who have qualified to be on the ballot. The winner of the election in Maryland gets to choose who he or she wants to represent Maryland in the ...


6

There is no blanket immunity in State Laws for the President. A court can issue an arrest warrant for any individual, if the court has "probable cause". However this is not likely to happen. It is generally understood that the proper constitutional route for dealing with crimes by the president is through the impeachment process. A federal court could well ...


6

None of the answers so far address the actual question, which is whether states can restrict who appears on their ballots. The answer to that is yes. The rules vary by state: in Nevada, a candidate must either be nominated by a recognized political party, or file a petition signed by a percentage of registered voters to run as an independent. Also IIRC ...


5

Speaking as someone who was a voter in Maryland in 2016, Trump did not get our 10 votes to begin with... so yeah. In terms of the United States Constitution, the only requirements for a President are that the person must be at least 35 years old AND must be a Natural Birth U.S. Citizen (i.e. Born in the United States, or to parents who are U.S. Citizens but ...


5

Clinton v Jones established that a sitting US President does not have immunity from civil law suits in a Federal court. However, the Supremacy Clause of the US Constitution prohibits states from interfering with the Federal government's exercise of its constitutional powers. Under this power given to the Federal government, the executive branch can ...


4

It is easy to forget that Congressmen have other loyalties than to their party. Fact is, they care more about their votes in their district than about their party. Adding new states decreases the power of the existing states. And the existing states won't like that. Any Congressman who votes for a proposal to add 137 new states is going to be met with a ...


3

If the worst possible scenario for the president is that there is irrefutable proof of a crime (like tax evasion) in his New York tax returns... then what? It's somewhat unclear. Some people maintain that United States presidents are protected from any prosecution while in office. Others say they aren't. Bill Clinton was forced to turn over some records ...


3

I'm surprised no one has mentioned this yet. As of October 2, 2019: This has been temporarily ruled unconstitutional by a federal judge. The United States District Court in the Eastern District of California concluded that The Act’s provisions likely violate the Constitution and the laws of the United States. The opinion is in fact quite interesting, ...


2

Actually, according to how one reads Article IV, Section 3, Clause 1 of the Constitution, new States may be carved out from existing States with the approval of the State legislatures and Congress: New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any ...


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