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Presidential Transitions and the Vagaries of America’s History Transfers of power, a hallmark of our constitutional system, often come with shocks to the system. Trump’s refusal to concede may seem unprecedented, but it’s not the first time this has happened. Clay S. Jenkinson, Editor-at-Large | December 21, 2020 The Nov. 3, 2020, election is seven weeks behind us. After more than 50 legal challenges to the fairness and legality of the election have been exhausted, and now that the Electoral College has performed its constitutional duty in certifying the election, it is a matter of real constitutional significance that the current President of the United States continues to refuse to concede defeat or cooperate fully with the transition. It is, in fact, historically unprecedented in American history. ....