University of Miami Law Review
Abstract
One of the most cherished American liberties is the right to vote. Yet, the Constitution does little to protect the integrity of individual voters. Instead, the Founding Fathers created an Electoral College to represent states’ will. Over time, states enacted laws requiring that electoral votes be cast to reflect the state popular vote. In 2016, several electors voted for candidates who did not win their state’s popular vote, grounding their actions in a believed constitutional right to vote freely and unencumbered by state outcomes. The Supreme Court addressed this issue in Chiafalo v. Washington, holding that states may bind electoral votes. This Note finds that the Court’s decision properly reflects the Framer’s intentions and necessarily avoids political chaos while emphasizing a need for either state or congressional action to reform the Electoral College
Recommended Citation
Gabrielle Engel,
Power to the People: The Supreme Court’s Confirmation of State Power in the Wake of Faithless Electors,
75 U. Mia. L. Rev.
620
(2021)
Available at:
https://repository.law.miami.edu/umlr/vol75/iss2/8