[EL] repost/ “On the Unenforceability of the Electoral Count Act”,

[Schultz, David A.]

Hi all:

My good friend Steve Gottlieb told me I should never post a shameless
self-promotion about an article without also offering a brief description
of   what the piece is about.  So pardon my reposting.

Just in time for the 2016 election:


“On the Unenforceability of the Electoral Count Act”,  13 Rutgers J.L. &
Pub. Pol'y 340 (2016) (with Chris Land, a former law student, as the lead
author)

located at:
http://www.rutgerspolicyjournal.org/sites/rutgerspolicyjournal.org/files/Land_Schultz_0.pdf

The Electoral Count Act of 1887 was adopted by Congress as a result of the
problems confronted when it resolved the disputed Tilden-Hayes presidential
contest of 1876.  The Electoral Count Act was largely forgotten until the
disputed vote counting in Florida during the 2000 election that led up to
Bush v. Gore.  Yet that Act remains on the books, ready to resolve disputed
questions about electoral votes.  This article however argues that there
are many legal constitutional questions surrounding the Act, questioning
its utility if it ever does get called into service.

-- 
David Schultz, Professor
Editor, Journal of Public Affairs Education (JPAE)
Hamline University
Department of Political Science
1536 Hewitt Ave
MS B 1805
St. Paul, Minnesota 55104
651.523.2858 (voice)
651.523.3170 (fax)
http://davidschultz.efoliomn.com/
http://works.bepress.com/david_schultz/
http://schultzstake.blogspot.com/
Twitter:  @ProfDSchultz
My latest book:  Presidential Swing States:  Why Only Ten Matter
https://rowman.com/ISBN/9780739195246/Presidential-Swing-States-Why-Only-Ten-Matter
FacultyRow SuperProfessor, 2012, 2013, 2014
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