Mark Bohnhorst has posted this draft on SSRN. Here is the abstract: Recent scholarship argues that Section 2 of the Fourteenth Amendment protects the people’s right to elect presidential electors.

Donald Trump once again swore to “preserve, protect and defend the Constitution of the United States” to the ‘best of his ability’ before becoming president for the second time – but since then, the ...

Habeas corpus is a critical safeguard of liberty. In the words of Chief Justice John Marshall in the seminal 1803 case, ...