Presidential Elections and Majority Rule: The Rise, Demise, and Potential Restor

Description: Presidential Elections and Majority Rule by Edward B. Foley A timely look into and argument for the Jeffersonian Electoral College.The Electoral College that governs America has been with us since 1804, when Thomas Jeffersons supporters redesigned it for his re-election. The Jeffersonians were motivated by the principle of majority rule. Gone were the days when a president would be elected by acclamation, as George Washington had been. Instead, given the emergence of intense two-partycompetition, the Jeffersonians wanted to make sure that the Electoral College awarded the presidency to the candidate of the majority, rather than minority, party. They also envisioned that a candidate would win byamassing a majority of Electoral College votes secured from states where the candidates party was in the majority.For most of American history, this system has worked as intended, producing presidents who won Electoral College victories derived from state-based majorities. In the last quarter-century, however, there have been three significant aberrations from the Jeffersonian design: 1992, 2000, and 2016. In each of these years, the Electoral College victory depended onstates where the winner received only a minority of votes. In this authoritative history of the American Electoral College system, Edward Foley analyzes the consequences of theunparalleled departure from the Jeffersonians original intent-and delineates what we can do about it. He explains how states, by simply changing their Electoral College procedures, could restore the original Jeffersonian commitment to majority rule. There are various ways to do this, all of which comply with the Constitution. If only a few states had done so before 2016, the outcome might have been different. Doing so before future elections can prevent another victory that, contrary to theoriginal Jeffersonian intent, a majority of voters did not want. FORMAT Paperback LANGUAGE English CONDITION Brand New Author Biography Edward B. Foley directs the election law program at Ohio State University, where he also holds the Ebersold Chair in Constitutional Law. Previously, Foley clerked for Chief Judge Patricia M. Wald of the U.S. Court of Appeals for the D.C. Circuit and Justice Harry Blackmun of the United States Supreme Court. He has also served as State Solicitor in the office of Ohios Attorney General, where he was responsible for the states appellate andconstitutional litigation. He is the author of the acclaimed book Ballot Battles: The History of Disputed Elections in the United States (Oxford University Press) and co-author of Election Law and Litigation: The JudicialRegulation of Politics. Table of Contents PrefaceIntroductionPart One: The Rise of the Jeffersonian Electoral College1: The Electoral College of 17872: The First Four Elections3: The Electoral College of 1803Part Two: The Demise of the Jeffersonian Electoral College4: The Jeffersonian Electoral College in the 19th Century5: The Jeffersonian Electoral College in the 20th CenturyPart Three: The Potential Restoration of the Jeffersonian Electoral College7: A Recommitment to Majority Rule8: An Exploration of Alternatives9: A Feasible ReformConclusionNotesIndex Review Nobody writes more thoughtfully about the theory and historical practices of American elections than Foley.ÂThis book is a model of careful argument * Sanford Levinson, author ofÂFramed *This book should be read by everyone interested in the conduct of U.S. presidential elections. Informed by deep historical scholarship into the origins and meaning of the Twelfth Amendment, Presidential Elections and Majority RuleÂillumines the path along which our electoral system strayed from the principle of majority rule. Foley also offers, and makes a strong case for, a statebystate policy approach that would bring our presidential elections back in line with that principle without amending the Constitution * Alexander Keyssar, Matthew W. Stirling, Jr. Professor of History and Social Policy, Harvard Kennedy School and author ofÂWhy Do We StillÂHave the Electoral College? *Presidential Elections and Majority RuleÂbrilliantly sheds light on the importance of the Twelfth Amendment in recasting the Electoral College as a majoritarian institution that disfavors the election of candidates preferred by only a plurality of the electorate. This book is not only timely, but a masterful, scholarly must read * Franita Tolson, Vice Dean for Faculty and Academic Affairs, Professor of Law, USC Gould School of Law *Presidential Elections and Majority Rule is essential reading for anyone concerned with how the U.S. chooses its President. Drawing upon a deep understanding of the historical sources on the Electoral College, Foley argues that a fundamental flaw in the system is increasingly likely to result in winners who are not favored by a majority of voters in each of the states making up the winners Electoral College majority. Foley explains why this is a problem for democratic legitimacy and offers practical solutions that do not depend upon quixotic calls to amend the U.S. Constitution. * Richard L. Hasen, author ofÂElection Meltdown *This powerful, original account of the purpose and design of the Electoral College will be the most important guide to anyone trying to understandand preservewhatever genius there was in this odd institution. It offers critical and urgent advice to anyone trying to reform it now. The pieces come together in this beautifully crafted account. * Lawrence Lessig, Roy L. Furman Professor of Law and Leadership, Harvard Law School, and author ofÂThey Dont Represent Us * Promotional A timely look into and argument for the Jeffersonian Electoral College Long Description A timely look into and argument for the Jeffersonian Electoral College.The Electoral College that governs America has been with us since 1804, when Thomas Jeffersons supporters redesigned it for his re-election. The Jeffersonians were motivated by the principle of majority rule. Gone were the days when a president would be elected by acclamation, as George Washington had been. Instead, given the emergence of intense two-partycompetition, the Jeffersonians wanted to make sure that the Electoral College awarded the presidency to the candidate of the majority, rather than minority, party. They also envisioned that a candidate would win byamassing a majority of Electoral College votes secured from states where the candidates party was in the majority.For most of American history, this system has worked as intended, producing presidents who won Electoral College victories derived from state-based majorities. In the last quarter-century, however, there have been three significant aberrations from the Jeffersonian design: 1992, 2000, and 2016. In each of these years, the Electoral College victory depended onstates where the winner received only a minority of votes. In this authoritative history of the American Electoral College system, Edward Foley analyzes the consequences of theunparalleled departure from the Jeffersonians original intent-and delineates what we can do about it. He explains how states, by simply changing their Electoral College procedures, could restore the original Jeffersonian commitment to majority rule. There are various ways to do this, all of which comply with the Constitution. If only a few states had done so before 2016, the outcome might have been different. Doing so before future elections can prevent another victory that, contrary to theoriginal Jeffersonian intent, a majority of voters did not want. Review Text "Nobody writes more thoughtfully about the theory and historical practices of American elections than Foley. Review Quote "Nobody writes more thoughtfully about the theory and historical practices of American elections than Foley.This book is a model of careful argument" -- Sanford Levinson, author ofFramed "This book should be read by everyone interested in the conduct of U.S. presidential elections. Informed by deep historical scholarship into the origins and meaning of the Twelfth Amendment, Presidential Elections and Majority Ruleillumines the path along which our electoral system strayed from the principle of majority rule. Foley also offers, and makes a strong case for, a statebystate policy approach that would bring our presidential elections back in line with that principle without amending the Constitution" -- Alexander Keyssar, Matthew W. Stirling, Jr. Professor of History and Social Policy, Harvard Kennedy School and author ofWhy Do We StillHave the Electoral College? "Presidential Elections and Majority Rulebrilliantly sheds light on the importance of the Twelfth Amendment in recasting the Electoral College as a majoritarian institution that disfavors the election of candidates preferred by only a plurality of the electorate. This book is not only timely, but a masterful, scholarly must read" -- Franita Tolson, Vice Dean for Faculty and Academic Affairs, Professor of Law, USC Gould School of Law "Presidential Elections and Majority Rule is essential reading for anyone concerned with how the U.S. chooses its President. Drawing upon a deep understanding of the historical sources on the Electoral College, Foley argues that a fundamental flaw in the system is increasingly likely to result in winners who are not favored by a majority of voters in each of the states making up the winners Electoral College majority. Foley explains why this is a problem for democratic legitimacy and offers practical solutions that do not depend upon quixotic calls to amend the U.S. Constitution." -- Richard L. Hasen, author ofElection Meltdown "This powerful, original account of the purpose and design of the Electoral College will be the most important guide to anyone trying to understandand preservewhatever genius there was in this odd institution. It offers critical and urgent advice to anyone trying to reform it now. The pieces come together in this beautifully crafted account." -- Lawrence Lessig, Roy L. Furman Professor of Law and Leadership, Harvard Law School, and author ofThey Dont Represent Us Feature Selling point: Outlines a solution for returning the Electoral College to the Jeffersonian ideal of popular sovereigntySelling point: Provides a primer on American presidential election history from the Philadelphia Convention of 1787 to the presentSelling point: Discusses the effects of third-party candidates and the viability of run-off elections Details ISBN0197582060 Author Edward B. Foley Short Title Presidential Elections and Majority Rule Pages 256 Language English Year 2021 ISBN-10 0197582060 ISBN-13 9780197582060 Format Paperback Subtitle The Rise, Demise, and Potential Restoration of the Jeffersonian Electoral College Country of Publication United States Publisher Oxford University Press Inc Imprint Oxford University Press Inc Place of Publication New York Publication Date 2021-10-13 AU Release Date 2021-10-13 NZ Release Date 2021-10-13 US Release Date 2021-10-13 UK Release Date 2021-10-13 Edited by Jesse Coleman Affiliation Head of Extreme Events and Health Protection Section, Centre for Radiation, Chemical and Environmental Hazards, Public Health England, UK Position Professor of Law Illustrator Jon Stuart Birth 1955 Death 1950 Qualifications R.N., B.S.N., Ocn Alternative 9780190060152 DEWEY 324.63 Audience Professional & Vocational We've got this At The Nile, if you're looking for it, we've got it. 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