[EL] Breadth of 'federal jurisdiction' over POTUS election

Mark Scarberry mark.scarberry at pepperdine.edu
Sat Dec 3 09:49:45 PST 2016


Two quick comments; then I need to sign off to write exams.
It seems unlikely that a state constitutional provision can limit a legislature's choice of the manner by which electors are chosen.
Use of national popular vote is not a manner by which a "state" chooses its electors, as required by Art. II.
Mark

Mark S. Scarberry
Professor of Law
Pepperdine University




On Sat, Dec 3, 2016 at 3:11 AM -0800, "Thomas J. Cares" <Tom at tomcares.com> wrote:










Can anyone comment on the legal issues Paul Jacob raises in the attached brief dialogue? (Paul is a fairly influential activist in this arena. I believe he was a main leader for the initiative for California to place term limits on its congressional delegation, which courts struck down). 




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