Taming The Electoral College

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.

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.

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.

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.

A New Statesman Book of the Year “America’s greatest historian of democracy now offers an extraordinary history of the most bizarre aspect of our representative democracy—the electoral college...A brilliant contribution to a critical current debate.” —Lawrence Lessig, author of They Don’t Represent Us Every four years, millions of Americans wonder why they choose their presidents through an arcane institution that permits the loser of the popular vote to become president and narrows campaigns to swing states. Congress has tried on many occasions to alter or scuttle the Electoral College, and in this master class in American political history, a renowned Harvard professor explains its confounding persistence. After tracing the tangled origins of the Electoral College back to the Constitutional Convention, Alexander Keyssar outlines the constant stream of efforts since then to abolish or reform it. Why have they all failed? The complexity of the design and partisan one-upmanship have a lot to do with it, as do the difficulty of passing constitutional amendments and the South’s long history of restrictive voting laws. By revealing the reasons for past failures and showing how close we’ve come to abolishing the Electoral College, Keyssar offers encouragement to those hoping for change. “Conclusively demonstrates the absurdity of preserving an institution that has been so contentious throughout U.S. history and has not infrequently produced results that defied the popular will.” —Michael Kazin, The Nation “Rigorous and highly readable...shows how the electoral college has endured despite being reviled by statesmen from James Madison, Thomas Jefferson, and Andrew Jackson to Edward Kennedy, Bob Dole, and Gerald Ford.” —Lawrence Douglas, Times Literary Supplement

Is the Electoral College anti-democratic? Some would say yes. After all, the presidential candidate with the most popular votes has nevertheless lost the election at least three times, including 2016. To some Americans, that’s a scandal. They believe the Electoral College is an intolerable flaw in the Constitution, a relic of a bygone era that ought to have been purged long ago. But that would be a terrible mistake, warns Tara Ross in this vigorous defense of “the indispensable Electoral College.” Far from an obstacle to enlightened democracy, the Electoral College is one of the guardrails ensuring the stability of the American Republic. In this lively and instructive primer, Tara Ross explains: Why the Founders established the Electoral College—and why they thought it vital to the Constitution Why the Electoral College was meant to be more important than the popular vote How the Electoral College prevents political crises after tight elections Why the Electoral College doesn’t favor one party over the other Why the states are the driving force behind presidential elections and how efforts to centralize the process have led to divisiveness and discontent Why the Electoral College is inappropriately labeled a “relic of slavery” Every four years, the controversy is renewed: Should we keep the Electoral College? Tara Ross shows you why the answer should be a resounding Yes!

Shows how the electoral college violates fundamental principles of democracy and has no benefits for the American polity.

An urgent primer on what can be done to combat emerging threats to the core of U.S. Democracy—presidential elections. In 2000, we learned that an exceptionally close presidential election can produce chaos, because we have no reliable Constitutional mechanism for resolving disputes. Joe Biden just won a presidential election that was extremely close in a number of states. Trump—and his many supporters—refuse to accept the legitimacy of those vote results, leading to an insurrection at the Capitol Building. Where do we go from here? In A Short History, Constitutional scholar Alan Hirsch presents a concise history of presidential elections that resulted in crises and advocates clear, common-sense solutions, including abolishing the Electoral College and the creation of a permanent, non-partisan Presidential Election Review Board to prevent or remedy future crises. “Hirsch does a very good job of offering historical context to illuminate the present—and the terrifying future. His imaginative proposals are probably too sensible to be implemented in an age of parochial partisanship.”—David Shipler, former reporter for the New York Times and Pulitzer Prize winner “Democracy is broken, but as Alan Hirsch explains, it really doesn’t have to be. This is the real story of how our voting system became so vulnerable to attacks from within and without, told with precision, verve, and even hope. This is the way out.”—Douglas Rushkoff, author of Team Human “This is a must-read for anyone who cares about safeguarding presidential elections―which should be everyone.”—Evan Caminker, Professor and former Dean, University of Michigan Law School "The noted law historian, author of Impeaching the President, examines the handful of seriously problematic presidential elections in American history and what the Constitution elucidates about the process of undoing such an event—namely, nothing. . . . A highly relevant study featuring much food for thought and prospects for change."—Kirkus Reviews, Starred Review " [A] seminal work of meticulous and informative scholarship that should be considered as an essential and unreservedly recommended addition to community, college, and university library Contemporary Political Science collections. It should be noted for the personal reading lists of students, academia, political activists, and non-specialist general readers with an interest in the subject."—Midwest Library Review