Table of Contents

Contents Preface 1. Introduction 000 2. A Critical Short History of the Electoral College, Part I: From the Constitutional Convention Through the Twelfth Amendment 000 3. A Critical Short History of the Electoral College, Part II: Operating Under the Twelfth Amendment 000 4. Evaluating the Electoral College: The Nationwide Popular Vote Alternative 000 5. The Contingent Procedure For Selection of the President By The House of Representatives 000 6. The Case of Two Candidates Ending Up In An Electoral College Tie 000 7. The Problem of Faithless Electors 8. Electoral Votes for Third Party (Or Independent) Candidates 000 9. Miscellaneous Pitfalls In The Electoral College Process 000 10. Popular Election of the President Without A Constitutional Amendment 000 11. Conclusion 000 Notes 000 Index 000

About the Author

Robert W. Bennett is the Nathaniel L. Nathanson Professor of Law and former Dean of the School of Law at Northwestern University. He is the author of Talking It Through: Puzzles of American Democracy (2002).

Reviews

"This well-timed book will appeal to experts as well as to members of the general public who are looking for a nuanced picture of Electoral College reform." - Harvard Law Review "Bennett's book on the electoral college is the best book on this subject in years, if not ever...Bennett is clearly more interested in scholarship than he is in persuading the reader to one point of view about the electoral college." - Ballot Access News "The electoral college is a disaster waiting to happen. But the brief interest kindled by the 2000 election, in which the electors chose a president who lost in the popular vote, dissipated in the face of 9/11 and other matters of more immediate concern. Without downplaying the importance of wholesale reform, Robert Bennett, a distinguished constitutional scholar, argues lucidly and persuasively that incremental changes could avert major crises, such as subversion of the democratic process by 'faithless electors' who do not adhere to their mandates." - Paul Brest, Dean Emeritus, Stanford Law School; President, William and Flora Hewlett Foundation "Robert Bennett lucidly unveils the many complexities of a familiar but largely unknown institution in American life. The Electoral College is at once a process, a mystery and a dispenser of ultimate political power. It will henceforth be impossible to write knowledgeably about it without consulting this book." - Norman Dorsen, New York University School of Law; ACLU President, 1976-1991 "Doing nothing about the Electoral College system is the real and significant problem identified in this thoughtful book. Pretending that the problems of a tie or a faithless elector or a minority candidate prevailing will not arise is rather foolhardy. Thus, the value of this book is that it should stimulate informed citizens and elected officials to act on solving the problems now." - New York Law Journal