Ken, who exactly are “the Framers”? Why are you being a selective constitutionalist? The states are perfectly free to decide who their electors are (subject to the 14th A) — but as the Supreme Court has held again and again (and most recently in Bush v. Gore), once the state vests the vote in its people, that vote is protected by the “one person, one vote” principle. Is that not a rule of our constitution? And if so, why don’t you play by it?

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law professor, activist.

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