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Written constitutionalism implies that those who make, interpret, and enforce the law ought to be guided by the meaning of the United States Constitution--the supreme law of the land--as it wasoriginally written.
Abstract: The National Popular Vote (NPV) plan is the latest in a long line of schemes designed to replace the Electoral College. Imbued with the ideals of this nation’s Founders, the Electoral College has proved itself to be both effective in providing orderly elections for President and resilient in allowing a stable transfer of power of the leadership of the world’s greatest democracy. Therefore, while it would be a mistake to replace the Electoral College, replacing this system with the NPV would be a disaster.
Most federal criminal legislation is designed to regulate domestic affairs.[1] Over the past few decades, however, Congress has increasingly adopted several laws that apply beyond our shores. One example is the Foreign Corrupt Practices Act, which makes it a crime to bribe a foreign official, a crime that can occur overseas. In those cases, Congress has clearly defined the conduct that federal law prohibits. The question for the jury is whether a defendant engaged in prohibited conduct (with the necessary mental state) beyond our shores.
Neither courts, state election officials, nor Congress have the constitutional authority to disqualify Members of Congress from state ballots (or to prevent them from serving in Congress if they win re-election) based on a claim that the candidates engaged in an “insurrection” on January 6, 2021.