Saving the Electoral College: Why the National Popular Vote Would Undermine Democracy

by Robert M. Hardaway

Overview

The 2016 election caused many pundits and citizens alike to decry the Electoral College. This book explains the dangerous and unconstitutional implications of the National Popular Vote Bill, which is quietly passing in state houses across the nation.

Ever since the Founding Fathers created the Electoral College, Congress has tried to overturn it. The latest attempt is taking place not in Congress, but in state legislatures around the country, where a well-financed campaign by a private California group calling itself "National Popular Vote" (NPV) is proposing an "interstate compact" to circumvent the process for amending the U.S. Constitution. If adopted by states representing a majority of electoral votes, the signatory states would bind themselves to ignore the popular votes within their respective states, and instead allocate their electoral votes to the candidate whom the media proclaimed to be the "national popular vote" winner.

In this new history of the Electoral College, law professor Robert M. Hardaway lays bare the constitutional loopholes that have allowed this movement to succeed in states representing approximately half the electoral votes necessary to purportedly bind those states to ignore the popular vote of the people within their respective states. The presentation of the information in this book to state legislatures considering the compact, resulted in complete reversal of preconceived perceptions about how presidential elections should be conducted.

Product Details

ISBN-13:	9798765119020
Publisher:	Bloomsbury Academic
Publication date:	01/25/2024
Pages:	216
Product dimensions:	6.14(w) x 9.21(h) x 0.46(d)

About the Author

Robert M. Hardaway is professor of law at the University of Denver Sturm College of Law where he teaches evidence and civil procedure and election law. He is the author of numerous law review articles and books on the Electoral College and election law.

Table of Contents

Preface

Acknowledgments

Chapter 1 Introduction: John F. Kennedy's Vision of Federalism
Chapter 2 The Solar System of Government Power
Chapter 3 Electing a President: The Framers' Vision
Chapter 4 The Direct Election Illusion
Chapter 5 The National Popular Vote Interstate Compact
Chapter 6 The Grand Compromise and the Unit Vote: Myths and Misdirection
Chapter 7 Presidential Campaigns and Incentives: "That's Where the Votes Are"
Chapter 8 Legitimacy and Certainty
Chapter 9 The Recount Problem
Chapter 10 Myths about the Electoral College: A Response
Chapter 11 Reform: Proposals and Alternatives
Chapter 12 Conclusion: The Case for Preserving Federalism

Appendix A. National Popular Vote Interstate Compact: California's Bill
Appendix B. Selected Provisions of the U.S. Constitution Relating to the Electoral College

Notes
Bibliography
Index

What People are Saying About This

Richard D. Lamm

"A readable account of an immensely important Constitutional provision that few fully understand. An important history lesson!"

Tara Ross

"Robert M. Hardaway has long been a thoughtful and effective advocate for the Electoral College. His critique of the national popular vote legislation is much needed at this critical moment in our nation’s history. Saving the Electoral College is a welcome resource for any student of the American political system."

Editorial Reviews

Since 2016, several books have been written to explain, oppose, or support the the Electoral College. Hardaway's book falls into the last category. He provides a full-throated defense of the Electoral College, paying particular attention to the most recent threat to it, the National Popular Vote Interstate Compact.” —Choice

From the Publisher