SETH BARRETT TILLMAN: Presidential Electors and the Brief of the Legal Historians in CREW v. Trump. “The Legal Historians claim regarding presidential electors is perplexing. They cite no authority for this position. More troubling is that there is a substantial body of authority taking the position that presidential electors are state positions, not federal positions, and so entirely beyond the scope of the Foreign Emoluments Clause and its Office… under the United States-language. The Legal Historians did not discuss this line of authority.”

Ever since the Bellesiles scandal, I’ve viewed legal historians’ legal arguments with some skepticism.