Can someone go check on Harvard?

[Nevilledog]

Link to tweet

Tweet text:


Kevin M. Kruse
@KevinMKruse
Can someone go check on Harvard?

Harvard Law Review
@HarvLRev
Free and fair presidential elections are a cornerstone of American democracy, but are they required by the Constitution? This Note says no, arguing for state discretion to regulate how, and whether, presidential elections occur. https://harvardlawreview.org/2022/02/as-the-legislature-has-prescribed/…
2:23 PM · Feb 19, 2022

I tried to post an excerpt, but all the footnotes really screwed up the formatting.


https://harvardlawreview.org/2022/02/as-the-legislature-has-prescribed/

[dchill]

1. The ghost of Antonin Scalia is hacking Harvard Law Review!

[spanone]

2. so, it's a free for all?

WTF?

[rzemanfl]

3. DeSantis is, I believe, a graduate of Harvard Law.

So, there's that.

[former9thward]

5. Yes and many others are also.

Chief Justice John Roberts, Justices Anthony Kennedy, Stephen Breyer, Elena Kagan and Neil Gorsuch, and retired Justice David Souter all went to Harvard. That is just for starters. Fifteen other Justices went there.

[rzemanfl]

6. DeSantis is the biggest embarrassment IMHO.

[elleng]

4. I suggest "HOW," NOT 'Whether,'

but what do I know, didn't go there.

[former9thward]

7. The tweet is dishonest.

Who would have thought that could happen? The tweet uses "free and fair" at the beginning, trying to imply the author thinks those are not required of an election. I did not click on the link but I know the argument. The argument is that the Constitution does not require elections for president. And elections in the sense we know of them are not mentioned in the Constitution.

The first president (Washington) had no election. And presidents at the beginning of our nation were elected in a hodge poge of ways. Direct elections as we know of them were not one of them. Gradually we have evolved to the process we know of today. But it was never placed squarely in the Constitution.

[Nevilledog]

8. Umm.....the Tweet is from Harvard, where the article is from.

If you have a problem with the law review article, join the club.

[former9thward]

9. Who cares where the tweet is from?

It is dishonest attempt to frame the article. If I have a problem with an article I am not going to lie about what the article says in order to make a point. That is an easy way to get shot down -- isn't it?

[Nevilledog]

11. This is the way the Harvard Law Review chooses to present the article.

Regardless, the article is a piece of shit if you read it.

[Scrivener7]

10. Let me guess: did Dershowitz write it?

[Ms. Toad]

15. Nope. Most likely a 2nd year law student -

still wet behind the ears.

[rsdsharp]

12. Bear in mind that Law Review Notes are typically written

by second year law students. Not attorneys, not law professors.

My own Note was on a subject so esoteric I believe it has been read exactly once in the 35 years since it was published. It was cited in Wright & Miller according to a classmate who is now a judge, but I seriously doubt they read it either. (In fairness, Harvard Law Review is a bit more prestigious than the Law Review I served as an editor.)

[Ms. Toad]

14. I was about to come add that. n/t

[marie999]

13. I thought that Harvard was a very prestigious law school

until an old ex-boyfriend got his law degree there.