Disputed Presidential Elections and the Collapse of Constitutional Norms

(Working Paper)

This Article exposes the vulnerabilities of the legal framework governing Congress’s role in resolving disputed presidential elections: the Electoral Count Act of 1887. It first illustrates just how easy it could be for unscrupulous political actors to reverse the results of a presidential election by exploiting the Act’s weaknesses. It then offers a blueprint for a redesigned Electoral Count Modernization Act that protects the process of presidential elections, as well as it can, from that exploitation.

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The Vice President’s Non-Existent Unilateral Power to Reject Electoral Votes

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Court Packing, Senate Stonewalling, and the Constitutional Politics of Judicial Appointments Reform