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Battle for the Constitution: Week of November 2nd, 2020 Roundup

November 6, 2020 | by NCC Staff

Below is a round-up of the latest from the Battle for the Constitution: a special project on the constitutional debates in American life, in partnership with The Atlantic.

America Is a Republic, Not a Democracy’ Is a Dangerous—And Wrong—Argument

By George Thomas, Burnet C. Wohlford Professor of American Political Institutions, Claremont McKenna College

George Thomas argues that while the United States of America may formally be a republic, the spirit of democracy is its true aim—and that aim is thwarted by the Electoral College, which allows minority numbers of the country to rule at the federal level.

Nothing Changes at the Stroke of Midnight Tonight

By Kim Wehle, Professor of Law, University of Baltimore School of Law

Kim Wehle writes that Donald Trump’s demands that ballots stop being counted after Election Day are both antidemocratic and unworkable because counting so many ballots takes a long time and voters should not be penalized for that.

Trump’s Lawsuits Are Politics Disguised as a Legal Strategy

By Kim Wehle, Professor of Law, University of Baltimore School of Law

Kim Wehle chronicles some of the lawsuits the Trump campaign has filed but says they are without merit and the allegations of fraud behind some of them are simply untrue.