Colorado Electoral Vote Initiative Retroactivity
RJLipkin at aol.com
RJLipkin at aol.com
Sat Oct 30 10:18:28 PDT 2004
It should be interesting to a textualist that none of the other references
to state legislatures in the Constitution that Mark mentions has the formal
(grammatical) structure of Art II, cl. 2, which gives the power of appointing
electors, in the first instance, to the State, and in the second instance to
the state legislature. If I recall correctly the other references to state
legislatures gives the power to the legislature pure and simple.
Robert Justin Lipkin
Professor of Law
Widener University School of Law
Delaware
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