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Vanderbilt University Law School

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Constitutional Law

2020

Electoral College

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Full-Text Articles in Law

Putting The Constitution In Its Place, Edward L. Rubin Jan 2020

Putting The Constitution In Its Place, Edward L. Rubin

Vanderbilt Law School Faculty Publications

The fact that Donald Trump became President in 2016, despite losing the popular vote by a substantial margin, has brought renewed attention to the Electoral College system. In "Forging the American Nation," Shlomo Slonim provides an illuminating account of the process that led to this bizarre method of determining the outcome of presidential elections. But Professor Slonim's book also provides insights into the origins of many other structural features of our constitutional system that are of questionable value in a modern democracy, such as elections by state for the Senate, the Senate's exclusive exercise of legislative authority for treaties and …