Presidential Elections and Majority Rule
The Rise, Demise, and Potential Restoration of the Jeffersonian Electoral College
Published on 13. October 2021
Book
Paperback/Softback
256 pages
978-0-19-758206-0 (ISBN)
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 Jefferson's 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-party competition, 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 by amassing a majority of Electoral College votes secured from states where the candidate's 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 on states 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 the unparalleled 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 the original Jeffersonian intent, a majority of voters did not want.
The Electoral College that governs America has been with us since 1804, when Thomas Jefferson's 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-party competition, 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 by amassing a majority of Electoral College votes secured from states where the candidate's 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 on states 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 the unparalleled 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 the original Jeffersonian intent, a majority of voters did not want.
Reviews / Votes
Nobody writes more thoughtfully about the theory and historical practices of American elections than Foley.AThis book is a model of careful argument * Sanford Levinson, author ofAFramed * 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 RuleAillumines 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 ofAWhy Do We StillAHave the Electoral College? * Presidential Elections and Majority RuleAbrilliantly 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 winner's 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 ofAElection 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 ofAThey Don't Represent Us *More details
Language
English
Place of publication
New York
United States
Target group
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 14 mm
Weight
392 gr
ISBN-13
978-0-19-758206-0 (9780197582060)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Edward B. Foley
Presidential Elections and Majority Rule
The Rise, Demise, and Potential Restoration of the Jeffersonian Electoral College
E-Book
12/2019
OUP eBook
€9.99
Available for download
Edward B. Foley
Presidential Elections and Majority Rule
The Rise, Demise, and Potential Restoration of the Jeffersonian Electoral College
E-Book
12/2019
OUP eBook
€9.99
Available for download
Person
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 Ohio's Attorney General, where he was responsible for the state's appellate and constitutional 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 Judicial Regulation of Politics.
Content
Preface
Introduction
Part One: The Rise of the Jeffersonian Electoral College
1: The Electoral College of 1787
2: The First Four Elections
3: The Electoral College of 1803
Part Two: The Demise of the Jeffersonian Electoral College
4: The Jeffersonian Electoral College in the 19th Century
5: The Jeffersonian Electoral College in the 20th Century
Part Three: The Potential Restoration of the Jeffersonian Electoral College
7: A Recommitment to Majority Rule
8: An Exploration of Alternatives
9: A Feasible Reform
Conclusion
Notes
Index
Introduction
Part One: The Rise of the Jeffersonian Electoral College
1: The Electoral College of 1787
2: The First Four Elections
3: The Electoral College of 1803
Part Two: The Demise of the Jeffersonian Electoral College
4: The Jeffersonian Electoral College in the 19th Century
5: The Jeffersonian Electoral College in the 20th Century
Part Three: The Potential Restoration of the Jeffersonian Electoral College
7: A Recommitment to Majority Rule
8: An Exploration of Alternatives
9: A Feasible Reform
Conclusion
Notes
Index