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Lawfare Archive: Lawrence Douglas on Presidential Election Concessions

The Lawfare Podcast

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The Importance of Independent Judgment in the Electoral College

There's a misconception maybe that the Constitution is sort of a, gives guardrails that confer sort of stability, legitimacy to elections. But in this case, if you were to indulge the argument made by Lessig and made by the Colorado elector, then it actually sort of does the opposite. So I don't know what it means to have a jurisprudence which says, we're going to be faithful to the original meanings of the Constitution unless we don't like those original meanings.

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