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In Support of Justice Jackson

Lessig
1 min readApr 30, 2020

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In his opinion in Ray v. Blair, 343 U.S. 214 (1952), Justice Robert Jackson described the original plan of the Framers of the Constitution for the Electoral College:

“No one faithful to our history can deny that the plan originally contemplated what is implicit in its text — that electors would be free agents, to exercise an independent and nonpartisan judgment as to the men best qualified for the Nation’s highest offices. Certainly, under that plan, no state law could control the elector in performance of his federal duty, any more than it could a United States Senator who also is chosen by, and represents, the State.”

In their brief before the Supreme Court in Chiafalo v. Washington, the State of Washington denied Justice Jackson’s claims about the original understanding.

On the principle that at least some historical facts should be clear, and with lots of help from many friends, here’s a collection of sources that confirm Justice Jackson’s understanding. (A PDF of this table is available here.)

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Lessig
Lessig

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