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America's Electoral Problem: The Shortcomings Of The Electoral College In Contemporary American Democracy, Alex Kaplan Jul 2019

America's Electoral Problem: The Shortcomings Of The Electoral College In Contemporary American Democracy, Alex Kaplan

Senior Theses and Projects

Our Constitution mandates the president of the United States be elected through the electoral college, a mechanism originally engineered to be a compromise between a popular vote by qualified citizens and a vote by Congress. The electoral college existed without controversy up until the 21st century because it consistently produced a winning candidate which mirrored the popular vote, our contemporary perception of a democratic voting method. The legitimacy of the electoral college in the 21st century, however, has been called into question after two of the last five presidents have failed to win the popular vote. Critics of the institution …


The Recent Unpleasantness: Understanding The Cycles Of Constitutional Time, Jack M. Balkin Jan 2019

The Recent Unpleasantness: Understanding The Cycles Of Constitutional Time, Jack M. Balkin

Indiana Law Journal

In this Article, I will talk about what I expect is going to happen in the next five to ten years. Unlike eclipses, however, one can’t be entirely sure of the future. Politics is not astronomy, and human affairs do not operate like clockwork. Moreover, we can’t assume that everything is already foreordained: that if people simply sit on their hands and do nothing, the cycles I describe in this lecture will take care of themselves. Quite the contrary. I am telling a story about what happens in the long run, but it is not a deterministic story. The actions …