Saint Louis University Legal Developments Pointed out By Ackerman Discussion

Ackerman argues that two recent political developments now permit the president claim legitimacy for his extremist power grabs. What are these two developments?

The operation of the electoral college for choosing the president has changed significantly over the life of the American republic, and important changes have occurred outside the formal Article 5 amendment process. What is main problem with the way the electoral college works today?

The “popular sovereignty initiative,” once it is agreed to by a sufficient number of states having a total of at least 270 electoral votes (an absolute majority of the current total of 538 electoral votes in the fifty states), would replace the electoral college so that the college no longer functions and electoral votes no longer need to be counted by the vice-president in the presence of the assembled members of the house of representatives and senate as required by the constitution. TRUE or FALSE?

How would the “popular sovereignty initiative” correct the main problem with the way the electoral college operates today?

Congress must approve the “popular sovereignty initiative” by majority votes in both the house of representatives and the senate, even if a sufficient number of states consent to implement the initiative. Congress would also have to pass a legislation to make implementation of the initiative run smoothly. Such legislation must, among other things, establish transparent procedures for determining the winner of the national popular vote for president by a certain date that is prior to the date at which the counting of the electoral votes occurs. TRUE or FALSE? Explain your answer.

Ackerman argues that two recent legal developments now permit the president claim legitimacy for his extremist power grabs. What are these two developments?

Define what Ackerman means by “executive constitutionalism” and why he thinks it threatens the supreme court’s role as the ultimate interpreter of the Constitution.