Cite as: 591 U. S. ____ (2020) 1 , J., concurring THOMAS THOMAS , J., concurring in judgment SUPREME COURT OF THE UNITED STATES _________________ No. 19–465 _________________ PETER B. CHIAFALO, LEVI JENNET GUERRA, AND ESTHER VIRGINIA JOHN, PETITIONERS v. WASHINGTON ON WRIT OF CERTIORARI TO THE SUPREME COURT OF WASHINGTON [July 6, 2020] JUSTICE THOMAS, with whom JUSTICE GORSUCH joins as to Part II, concurring in the judgment. The Court correctly determines that States have the power to require Presidential electors to vote for the candidate chosen by the people of the State. I disagree, however, with its attempt to base that power on Article II. In my view, the Constitution is silent on States’ authority to bind electors in voting. I would resolve this case by simply recognizing that “[a]ll powers that the Constitution neither delegates to the Federal Government nor prohibits to the States are controlled by the people of each State.” U. S. Term Limits, Inc. v. Thornton, 514 U. S. 779, 848 (1995) (THOMAS, J., dissenting). I A The Constitution does not address—expressly or by necessary implication—whether States have the power to require that Presidential electors vote for the candidates chosen by the people. Article II, §1, and the Twelfth Amendment provide for the election of the President through a body of electors. But neither speaks directly to a State’s power over elector voting.