Robert H. Jackson

“ Usage may sometimes impart changed content to constitutional generalities, such as 'due process of law,' 'equal protection,' or 'commerce among the states.' But I do not think powers or discretions granted to federal officials by the Federal Constitution can be forfeited by the Court for disuse. A political practice which has its origin in custom must rely upon custom for its sanctions. ”

“ They always voted at their Party's call And never thought of thinking for themselves at all.
As an institution the Electoral College suffered atrophy almost indistinguishable from rigor mortis.
However, in 1948, Alabama's Democratic Party Electors refused to vote for the nominee of the Democratic National Convention. To put an end to such party unreliability the party organization, exercising state-delegated authority, closed the official primary to any candidate for elector unless he would pledge himself, under oath, to support any candidate named by the Democratic National Convention. ”

“ XII. No one faithful to our history can deny that the plan originally contemplated, what is implicit in its text, that electors would be free agents, to exercise an independent and nonpartisan judgment as to the men best qualified for the Nation's highest offices. ”

“ The view of many that it is the progressive or liberal element of the party that will presently advantage from this device does not prove that the device itself has any proper place in a truly liberal or progressive scheme of government. ”