Reference no: EM133816407
Assignment:
A paper that explains and critically evaluates the arguments contained in Frank Meile's article, "High Court Opens Door to Electoral Subversion." Miele's arguments concern the 1) Supreme Court's decision on legal penalties for faithless electors in Chiafalo v. Washington, 2) the National Popular Vote Interstate Compact (NPVIC) and 3) the Compact Clause of the Constitution. Students will evaluate these arguments by consulting the additional evidence, context and the different perspectives provided by the 1) Supreme Court's decision in Chiafalo and 2) legal/legislative history of the Compact Clause. The papers should have a minimum of 1800words and a maximum of 2200words;
• APA system of documentation and format
Readings to be Covered in the Paper
• Frank Meile, "High Court Opens Door to Electoral Subversion"
• Selection from "Claims" (chapter 2) in Argument by Annette T. Rottenberg
• Chiafalo v. Washington (2020)
• Section 5.12 of "Background on Interstate Compacts" in Every Vote Equal by John R. Koza, et al.
Questions to Consider
1. Does a different picture of the Miele article emerge after reading the Supreme Court's decision in Chiafalo and the contextual/historical information on the Compact Clause? Why or why not?
2. Much of the article centers on Miele's reading of the Constitution, which he claims is based on (not off) the "plain meaning" of the words in the document. He complains that the Court's interpretation deviates from the plain meaning. He writes "... the Constitution means whatever five justices of the Supreme Court say it means..." How does the Supreme Court interpret the Constitution in Chiafalo? Should the Courts defer to the "plain meaning"? Should precedent be considered in constitutional interpretation?
3. Miele is obviously writing from a conservative point of view. He notes the Chiafalo decision was unanimous, meaning conservative and liberal justices all agreed. Does this fact change your reading of Miele?
4. If Miele is correct that the Constitution prohibits any interstate compacts absent congressional approval, why have many interstate compacts (see "Background on Interstate Compacts") not received congressional approval?