Stanford University Press
Taming the Electoral College
About this book
Taming the Electoral College explores poorly understood aspects of the electoral college, including two possibilities in particular that could pose the most serious danger for American democracy. These are, first, determination of the president by "faithless electors" who ignore the popular vote in their states, and, second, choice of the president in the House of Representatives, which is required if no electoral college majority votes in favor of a single candidate. In any given election, neither of these outcomes is likely, but the 2000 election showed that we would do well to take both of them seriously and take action now to prevent them from occurring. Both possibilities could be dealt with by constitutional amendment, but amendment is difficult to achieve, particularly as it bears on the electoral college process. This engaging book instead offers nonconstitutional solutions to the two possibilities, as well as to a variety of other problems that lurk in the shadows of the electoral college process. It also offers a way to work toward popular election of the president without a constitutional amendment. Robert W. Bennett is the Nathaniel L. Nathanson Professor of Law and former Dean of the School of Law at Northwestern University. He is the author of Talking It Through: Puzzles of American Democracy (2002).
Topics
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Frontmatter
i -
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Contents
vii -
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Preface
ix -
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1. Introduction
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2. A Critical Short History of the Electoral College, Part I: From the Constitutional Convention Through the Twelfth Amendment
12 -
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3. A Critical Short History of the Electoral College, Part II: Operating Under the Twelfth Amen
27 -
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4. Evaluating the Electoral College: The Nationwide Popular Vote Alternative
46 -
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5. The Contingent Procedure for Selection of the President by the House of Representatives
74 -
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6. The Case of Two Candidates Ending Up in an Electoral College Tie
86 -
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7. The Problem of Faithless Electors
95 -
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8. Electoral Votes for Third-Party (or Independent) Candidates
122 -
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9. Miscellaneous Pitfalls in the Electoral College Process
144 -
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10. Popular Election of the President Without a Constitutional Amendment
161 -
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11. Conclusion
179 -
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Notes
191 -
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Index
259