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Author: Robert William Bennett Publisher: Stanford University Press ISBN: 9780804754101 Category : Political Science Languages : en Pages : 292
Book Description
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.
Author: Robert William Bennett Publisher: Stanford University Press ISBN: 9780804754101 Category : Political Science Languages : en Pages : 292
Book Description
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.
Author: Robert W. Bennett Publisher: ISBN: 9781503625976 Category : LAW Languages : en Pages : 288
Book Description
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.
Author: Robert W. Bennett Publisher: Cornell University Press ISBN: 0801461111 Category : Law Languages : en Pages : 223
Book Description
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.
Author: Brian Pinaire Publisher: Stanford Law Books ISBN: Category : Law Languages : en Pages : 376
Book Description
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.
Author: Louis Sandy Maisel Publisher: Oxford University Press ISBN: 019045816X Category : Political Science Languages : en Pages : 202
Book Description
Few Americans and even fewer citizens of other nations understand the electoral process in the United States. Still fewer understand the role played by political parties in the electoral process or the ironies within the system. Participation in elections in the United States is much lower than in the vast majority of mature democracies. Perhaps this is because of the lack of competition in a country where only two parties have a true chance of winning, despite the fact that a large number of citizens claim allegiance to neither and think badly of both. Or perhaps it is because in the U.S. campaign contributions disproportionately favor incumbents in most legislative elections, or that largely unregulated groups such as the now notorious 527s have as much impact on the outcome of a campaign as do the parties or the candidates' campaign organizations. These factors offer a very clear picture of the problems that underlay our much trumpeted electoral system. The second edition of this Very Short Introduction introduces the reader to these issues and more. Drawing on updated data and new examples from the 2016 presidential nominations, L. Sandy Maisel provides an insider's view of how the system actually works while shining a light on some of its flaws. He also illustrates the growing impact of campaigning through social media, the changes in campaign financing wrought by the Supreme Court recent decisions, and the Tea Party's influence on the sub-presidential nominating process. As the United States enter what is sure to be yet another highly contested election year, it is more important than ever that Americans take the time to learn the system that puts so many in power.
Author: Bruce Ackerman Publisher: Harvard University Press ISBN: 9780674018662 Category : Biography & Autobiography Languages : en Pages : 424
Book Description
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.
Author: Robert M. Alexander Publisher: Oxford University Press ISBN: 0190939451 Category : Political Science Languages : en Pages : 194
Book Description
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.
Author: Gary Bugh Publisher: Routledge ISBN: 1317145267 Category : Law Languages : en Pages : 317
Book Description
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.
Author: Robert William Bennett
Author: Robert William Bennett
Author: Robert W. Bennett
Author: Robert W. Bennett
Author: Brian Pinaire
Author: Terry Bouton
Author: Louis Sandy Maisel
Author: National Popular Vote Press
Author: Bruce Ackerman
Author: Robert M. Alexander
Author: Gary Bugh