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This is the first book on the U.S. presidential election system to analyze the basic principles underlying the design of the existing system and those at the heart of competing proposals for improving the system. The book discusses how the use of some election rules embedded in the U.S. Constitution and in the Presidential Succession Act may cause skewed or weird election outcomes and election stalemates. The book argues that the act may not cover some rare though possible situations which the Twentieth Amendment authorizes Congress to address. Also, the book questions the constitutionality of the National Popular Vote Plan to introduce a direct popular presidential election de facto, without amending the Constitution, and addresses the plan’s “Achilles’ Heel.” In particular, the book shows that the plan may violate the Equal Protection Clause from the Fourteenth Amendment of the Constitution. Numerical examples are provided to show that the counterintuitive claims of the NPV originators and proponents that the plan will encourage presidential candidates to “chase” every vote in every state do not have any grounds. Finally, the book proposes a plan for improving the election system by combining at the national level the “one state, one vote” principle – embedded in the Constitution – and the “one person, one vote” principle. Under this plan no state loses its current Electoral College benefits while all the states gain more attention of presidential candidates.
In July 2016, the two major US parties will nominate their respective official candidate for the 58th US presidential election which takes place in November. With less than three months before the national conventions, and a large number of delegates already allocated, on the Democratic side, Hillary Clinton is running ahead of Bernie Sanders towards the nomination. On the Republican side there is still much uncertainty about who will finally be named official candidate. The President is head of state, head of government, and Commander-in-Chief of the armed forces. Thus, presidential elections are an important part of American political life. Although millions of American citizens vote in presidential elections every four years, the President is not, in fact, directly elected by the people. Citizens elect the members of the Electoral College, who then cast their votes for the President and Vice President. While key elements of the presidential election are spelled out in the US Constitution, other aspects have been shaped by state laws, national party rules and state party rules. This explains why presidential campaigns have evolved over time, from the days when presidential candidates were nominated in the House of Representatives by the 'King caucus', to an almost exclusively political party-dominated convention system, and finally to the modern system of nominations based on primaries, introduced progressively to increase democratic participation. A number of additional developments have also played an important role in shaping today's presidential elections, notably political party efforts to limit 'frontloading'; the organisation of the Electoral College system and the changes to the campaign financing system.
This book is open access under a CC BY 4.0 license. This book addresses the peculiarities of the current presidential election system not yet addressed in other publications. It argues that any rules for electing a President that may have a chance to replace the current ones should provide an equal representation of states as equal members of the Union, and of the nation as a whole. This book analyzes the National Popular Vote plan and shows that this plan may violate the Supreme Court decisions on the equality of votes cast in statewide popular elections held to choose state electors. That is, the National Popular Vote plan may violate the Equal Protection Clause of the Fourteenth Amendment. The book proposes a new election system in which the will of the states and the will of the nation as a whole are determined by direct popular elections for President and Vice President in the 50 states and in D.C. This system a) would elect President a candidate who is the choice of both the nation as a whole and of the states as equal members of the Union, b) would let the current system elect a President only if the nation as a whole and the states as equal members of the Union fail to agree on a common candidate, and c) would encourage the candidates to campaign nationwide. The second edition has been updated to include a proposal on how to make established non-major party presidential candidates and independent candidates welcome participants in national televised presidential debates with the major-party candidates.
In the ongoing debates surrounding the United States' voting process, few topics are as heatedly discussed as the electoral college. It was established as a safeguard for democracy, but today many fear the electoral college does just the opposite; twice in recent elections the president who won the election did not win the popular vote, and many are concerned that the electoral college has outlasted its relevance. This collection of essays explores the impact, significance, and history of the electoral college, providing students with a wide-ranging look at what this institution means and key ideas about its future.
Contents: (1) Intro.; (2) Competing Approaches: Direct Popular Election v. Electoral College Reform; (3) Direct Popular Election: Pro and Con; (4) Electoral College Reform: Pro and Con; (5) Electoral College Amendments Proposed in the 111th Congress; (6) Contemporary Activity in the States; (7) 2004: Colorado Amendment 36; (8) 2007-2008: The Presidential Reform Act (California Counts); (9) 2006-Present: National Popular Vote -- Direct Popular Election Through an Interstate Compact; Origins; The Plan; National Popular Vote, Inc.; Action in the State Legislatures; States That Have Approved NPV; National Popular Vote; (10) Prospects for Change -- An Analysis; (11) State Action -- A Viable Reform Alternative?; (12) Concluding Observations.
The book outlines the historical development of Public Law and the state from ancient times to the modern day, offering an account of relevant events in parallel with a general historical background, establishing and explaining the relationships between political, religious, and economic events.
The election of the President of the United States of America is an indirect vote in which citizens cast ballots for a slate of members of the U.S. Electoral College. These electors cast direct votes for the President and Vice President. If both votes result in an absolute majority, the election is over. If a majority of electors do not vote for President, the House of Representatives chooses the President; if a majority of electors do not vote for Vice President, the Senate votes. Presidential elections occur quadrennially on Election Day, which since 1845 has been the Tuesday after the first Monday in November, coinciding with the general elections of various other federal, state, and local races. The process is regulated by a combination of both federal and state laws. Each state is allocated a number of Electoral College electors equal to the number of its Senators and Representatives in the U.S. Congress. Additionally, Washington, D.C. is given a number of electors equal to the number held by the least populous state. U.S. territories are not represented in the Electoral College. Under the U.S. Constitution, each state legislature is allowed to designate a way of choosing electors. Thus, the popular vote on Election Day is conducted by the various states and not directly by the federal government. In other words, it is really an amalgamation of separate elections held in each state and Washington, D.C. instead of a single national election. Once chosen, the electors can vote for anyone, but - with rare exceptions like an unpledged elector or faithless elector - they vote for their designated candidates and their votes are certified by Congress, who is the final judge of electors, in early January. The presidential term then officially begins on Inauguration Day, January 20 (although the formal inaugural ceremony traditionally takes place on the 21st if the 20th is a Sunday). This book outlines the rather complex process of electing The President of The United States of America (POTUS).
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