Taming the electoral college

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Stanford Law and Politics, 2006 - Political Science - 270 pages
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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.

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Operating Under the Twelfth Amendment

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About the author (2006)

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).

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