Taming the Electoral College

Taming the Electoral College
Author: Robert William Bennett
Publisher: Stanford University Press
Total Pages: 292
Release: 2006
Genre: Political Science
ISBN: 9780804754101

This book examines the history and weaknesses of the electoral college and proposes reforms that could be made to our electoral process without a constitutional amendment.

Taming the Electoral College

Taming the Electoral College
Author: Robert W. Bennett
Publisher:
Total Pages: 288
Release: 2022
Genre: LAW
ISBN: 9781503625976

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.

Constitutional Originalism

Constitutional Originalism
Author: Robert W. Bennett
Publisher: Cornell University Press
Total Pages: 223
Release: 2011-06-06
Genre: Law
ISBN: 0801461111

Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called "originalism." The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a "living Constitution" that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appellate courts to the Supreme Court. In Constitutional Originalism, Robert W. Bennett and Lawrence B. Solum elucidate the two sides of this debate and mediate between them in order to separate differences that are real from those that are only apparent. In a thorough exploration of the range of contemporary views on originalism, the authors articulate and defend sharply contrasting positions. Solum brings learning from the philosophy of language to his argument in favor of originalism, and Bennett highlights interpretational problems in the dispute-resolution context, describing instances in which a living Constitution is a more feasible and productive position. The book explores those contrasting positions, to be sure, but also uncovers important points of agreement for the interpretational enterprise. This provocative and absorbing book ends with a bibliographic essay that points to landmark works in the field and helps lay readers and students orient themselves within the literature of the debate.

Taming Democracy

Taming Democracy
Author: Terry Bouton
Publisher: Oxford University Press
Total Pages: 343
Release: 2007-07-12
Genre: Business & Economics
ISBN: 0195306651

Publisher description

The Constitution of Electoral Speech Law

The Constitution of Electoral Speech Law
Author: Brian Pinaire
Publisher: Stanford Law Books
Total Pages: 376
Release: 2008-03-20
Genre: Law
ISBN:

This book examines how the United States Supreme Court understands freedom of speech during political campaigns and elections. To address this question, the author considers both the nature of the Court’s evaluation (or vision) of political speech in this context and the process by which this understanding is formulated, with a focus on four recent and representative cases.

The Oxford Handbook of Electoral Systems

The Oxford Handbook of Electoral Systems
Author: Erik S. Herron
Publisher: Oxford University Press
Total Pages: 1017
Release: 2018-03-15
Genre: Political Science
ISBN: 0190258675

No subject is more central to the study of politics than elections. All across the globe, elections are a focal point for citizens, the media, and politicians long before--and sometimes long after--they occur. Electoral systems, the rules about how voters' preferences are translated into election results, profoundly shape the results not only of individual elections but also of many other important political outcomes, including party systems, candidate selection, and policy choices. Electoral systems have been a hot topic in established democracies from the UK and Italy to New Zealand and Japan. Even in the United States, events like the 2016 presidential election and court decisions such as Citizens United have sparked advocates to promote change in the Electoral College, redistricting, and campaign-finance rules. Elections and electoral systems have also intensified as a field of academic study, with groundbreaking work over the past decade sharpening our understanding of how electoral systems fundamentally shape the connections among citizens, government, and policy. This volume provides an in-depth exploration of the origins and effects of electoral systems.

The Failure of the Founding Fathers

The Failure of the Founding Fathers
Author: Bruce Ackerman
Publisher: Harvard University Press
Total Pages: 424
Release: 2005-10-28
Genre: History
ISBN: 9780674018662

Based on seven years of archival research, the book describes previously unknown aspects of the electoral college crisis of 1800, presenting a revised understanding of the early days of two great institutions that continue to have a major impact on American history: the plebiscitarian presidency and a Supreme Court that struggles to put the presidency's claims of a popular mandate into constitutional perspective. Through close studies of two Supreme Court cases, Ackerman shows how the court integrated Federalist and Republican themes into the living Constitution of the early republic.

Beasts and Gods

Beasts and Gods
Author: Roslyn Fuller
Publisher: Bloomsbury Publishing
Total Pages: 424
Release: 2015-11-15
Genre: Political Science
ISBN: 1783605448

Democracy does not deliver on the things we have assumed are its natural outcomes. This, coupled with a growing sense of malaise in both new and established democracies forms the basis to the assertion made by some, that these are not democracies at all. Through considerable, impressive empirical analysis of a variety of voting methods, across twenty different nations, Roslyn Fuller presents the data that makes this contention indisputable. Proving that the party which forms the government rarely receives the majority of the popular vote, that electoral systems regularly produce manufactured majorities and that the better funded side invariably wins such contests in both elections and referenda, Fuller's findings challenge the most fundamental elements of both national politics and broader society. Beast and Gods argues for a return to democracy as perceived by the ancient Athenians. Boldly arguing for the necessity of the Aristotelian assumption that citizens are agents whose wishes and aims can be attained through participation in politics, and through an examination of what “goods” are provided by democracy, Fuller offers a powerful challenge to the contemporary liberal view that there are no "goods" in politics, only individual citizens seeking to fulfil their particular interests.

Electoral College Reform

Electoral College Reform
Author: Gary Bugh
Publisher: Routledge
Total Pages: 317
Release: 2016-04-29
Genre: Law
ISBN: 1317145267

The United States has not updated the Electoral College system since the Twelfth Amendment was ratified in 1804, despite public opinion polls showing a majority of Americans are in favor of changing or outright abolishing it. So why hasn't the United States reformed this system? Electoral College Reform brings together new essays examining all aspects of this crucial debate, including the reasons for reform, the issues surrounding a constitutional amendment, the effect of the Electoral College on political campaigns and the possibilities for extra-constitutional avenues to change. The authors consider both the Federalists' vision of balanced representation and a more democratic and equality-based ideal. These competing frameworks, perhaps more than any other factor, account for centuries of American indecision on this key issue. By offering an unprecedented and carefully researched analysis of an always controversial subject, this volume explores the potential for changing a system that many contend is long overdue.

Representation and the Electoral College

Representation and the Electoral College
Author: Robert M. Alexander
Publisher: Oxford University Press
Total Pages: 194
Release: 2019-04-01
Genre: Political Science
ISBN: 0190939451

Nearly 800 proposals have been made to amend or abolish the Electoral College, and its divisiveness raises many questions. What role do electors play in American democracy? How should they vote? Should the Electoral College exist at all? Much confusion surrounds this institution, in large part because of how the original Electoral College varies from its contemporary counterpart, the evolved Electoral College. This book helps readers to understand the distinction and how we got where we are today. Focusing on the controversial 2016 election, in which Trump received nearly three million fewer popular votes than Clinton, Representation and the Electoral College shows how the Electoral College acts on behalf of the American public and alters election outcomes. In exploring the origin, development, and practice of the Electoral College, this study also presents the most extensive analysis of presidential electors to date.