Articles by Leah Markbreiter

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Chiafalo v. Washington: Placing Faith In Faithless Electors

November 3, 2020 Leah Markbreiter 0

The Founding Fathers’ establishment of the Electoral College was an apprehensive, controversial compromise. The men sought to create a body of temporary representatives, individually appointed by the states, who would cast ballots in a presidential election for the winner of the popular vote. Though the body’s intended duty was to systematically honor the wishes of the people, the rise of a highly partisan party system has rendered this a flawed project. In a total of five elections throughout history — twice within the last five elections — the winner of the popular vote was not elected to the presidency. Many states have since taken measures to undermine “faithless electors” by enforcing electors to pledge support to the winning popular vote candidate and by sanctioning those electors who defy their pledge. The extent of state power to impose these sanctions is the issue of the Supreme Court case Chiafalo v. Washington. […]