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U.S. Supreme Court,
Government,
Constitutional Law

Mar. 17, 2020

Are our faithless electors ‘free agents’?

Who are those “electors,” anyway? And what, exactly, do they do?

David G. Post

David is an American legal scholar. Until his retirement in 2014, Post served as professor of law at Beasley School of Law of Temple University in Philadelphia. He is currently a contributor to the Volokh Conspiracy legal blog.

Our constitutional scheme for electing a president is curious indeed. There is, of course, the well-known imbalance between state population and state electoral power. The U.S. Constitution gives smaller states proportionately more electoral power than larger states by giving each state one presidential elector for each member of the House of Representatives to which the state is entitled p...

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