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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