Contingent Elections

Author(s):  
George C. Edwards

This chapter focuses on contingent elections. If the presidential and vice presidential candidates fail to receive a simple majority of electoral college votes, the Twelfth Amendment provides that the House of Representatives chooses the president and the Senate chooses the vice president in a process known as “contingent” election (contingent upon the absence of a majority in the electoral college). There have been two contingent elections for president in U.S. history, following the elections of 1800 and 1824. Very minor shifts of popular votes in the nation, however, would have sent a number of other elections to the Congress for a decision. In the House, where each state must vote as a unit, a majority of 26 or more votes is required to elect a president; in the Senate, a majority of 51 or more votes is required to elect a vice president. Although a superficial reading of these rules suggests the operation of majority rule, the chapter maintains that this process actually represents the most egregious violation of democratic principles in the American political system.

1917 ◽  
Vol 11 (4) ◽  
pp. 685-710
Author(s):  
Joseph Cady Allen

According to popular parlance, we elect a President and vice-president, on the Tuesday following the first Monday of November of each fourth year, by vote of the people. It is well known however that, technically speaking, we do not choose these officers on that day or at any time by popular suffrage. Instead of that, we choose in each state a committee that is called the electoral college; and these electors meet on the second Monday of January and elect the President and vice-president by ballot. The theory of the Constitution is that these electors are not to be pledged or obligated to vote for any particular person, but that they and not the people shall really make the choice.But, practically from the start, and contrary to the expectation of those who framed the Constitution, the choice of President and vice-president was seized by state legislatures and afterwards transferred to the people, through the device of appointing electors that were virtually pledged to designated candidates. So the electoral colleges have failed of their purpose and become a useless complication. And not only are they useless, but objectionable also and dangerous in many and serious ways.This paper will endeavor to show that our present system of presidential election is bad in every step of the process, viz. in a. the appointment of the electors, b. the membership and proceedings of the electoral colleges, c. the count of the vote in congress, d. the interval between the election and the time when the President takes office, and e. the election by the house of representatives in case the electors fail to give a majority vote to any candidate.


Subject Philippines political outlook and electoral update. Significance The House of Representatives on April 7 re-convened its Mamasapano massacre hearings. The massacre's fallout is fusing the Bangsamoro Basic Law (BBL), 2016 presidential and legislative elections and President Benigno 'Noynoy' Aquino's legacy in a damaging manner for Aquino, his Liberal Party, Muslim Mindanao and the Philippines. The Bangsamoro peace deal was to have been Aquino's triumph, bolstering his high popularity and aiding his chosen heir in 2016 against United Nationalist Alliance (UNA) leader and current vice-president, Jejomar Binay. The opposite is unfolding. Impacts Aquino will seek political rehabilitation, perhaps using 2016's budget; modest results are probable. Frictions between the legislature and executive may grow, further constraining legislation and Aquino's reforms. With no current front-runner, the Liberal-led coalition will seek presidential candidates, potentially exacerbating internal frictions.


2009 ◽  
Vol 5 (1-2 (6)) ◽  
pp. 66-71
Author(s):  
Armine Simonyan

One of the contemporary spheres of modern linguistics is the study of political discourse.For a politician, language is a weapon to win the favours of public at large. The article aims to reveal how American politicians use English to receive the support of the nation. The research is conducted on the debates between the US presidential candidates in 2008 – Hillary Clinton and Barak Obama. The reason for the choice is obvious. Both candidates, as members of the same party, seem to have a lot in common. Both belong to the same party, hence, they should have an audience committed to the same democratic principles whereas, the differences are more than obvious. It is the first time in the history of the United States that the post of the US president has two main candidates that are so different – a woman and a coloured man. The article includes research on the tactics and strategies applied by both the candidates.


2021 ◽  
pp. 649-660
Author(s):  
Ian Loveland

This chapter addresses the question of whether it is legally possible to entrench legislation in a way that safeguards it from repeal by the traditional ‘simple majority in Commons and Lords plus Royal Assent’ formula; and, if so, under what political circumstances it might legitimately be employed. It argues that the Blair government’s commitment to establishing a pluralist political culture is head and shoulders above any of their twentieth-century predecessors. This is most evident in its devolution legislation as well as in its embrace of the European Convention on Human Rights and Fundamental Freedoms and the provisions of the Amsterdam Treaty. The same observation may be made about the Blair government’s promotion of the Constitutional Reform Act 2005. Yet these initiatives, desirable though they may be, can hardly be seen as engineering a constituent reformation of the political system.


Author(s):  
Ian Loveland

This chapter addresses the question of whether it is legally possible to entrench legislation in a way that safeguards it from repeal by the traditional ‘simple majority in Commons and Lords plus Royal Assent’ formula; and, if so, under what political circumstances it might legitimately be employed. It argues that the Blair government’s commitment to establishing a pluralist political culture is head and shoulders above any of their twentieth-century predecessors. This is most evident in its devolution legislation as well as in its embrace of the European Convention on Human Rights and Fundamental Freedoms and the provisions of the Amsterdam Treaty. The same observation may be made about the Blair government’s promotion of the Constitutional Reform Act 2005. Yet these initiatives, desirable though they may be, can hardly be seen as engineering a constituent reformation of the political system.


Author(s):  
Rached Ghannouchi

This chapter discusses basic democratic principles. Here, the issue of political freedoms in the modern era can hardly be separated from democratic systems of government, simply because democracy offers the best system of governance, which when applied enables citizens to practice their basic freedoms, including political ones. In this light, the chapter considers the basic principles which make a political system democratic. It also considers the evolution of a democratic system as well as what this evolution entails and what impulses have driven it. The chapter also seeks ways in which the democratic system might be improved. To conclude, the chapter explores the basic principles of an Islamic political system.


Author(s):  
Edward B. Foley

States should adopt a majority-rule requirement for participating in the Electoral College, meaning specifically that no state should award all its Electoral College votes to any candidate who fails to receive a majority of the state’s popular vote. There are a variety of ways that states can satisfy this majority-rule requirement. One option is to hold a runoff after the November election if no candidate receives a majority of the popular vote. Another option is to hold a preliminary vote in advance of the November election, perhaps on or around Labor Day, so that only two candidates appear on the November ballot. A third option would be to adopt instant runoff voting, which is a species of ranked-choice balloting that permits a runoff to be conducted simultaneously with the initial vote. A proportional system, which divided a state’s electoral votes among candidates, would also comply with the majority-rule requirement.


2018 ◽  
Author(s):  
Substantive Justice ◽  
Nurwita Ismail

PUBLISHED ON www.substantivejustice.id Vol.1 (1) March 2018 Impeachment In Constitutional System. This paper aims: To know and analyze how the impeachment arrangements in the Indonesian state administration system; To know and analyze how the legal process in impeachment mechanism before amendment and after an amendment of 1945 Constitution; by using Normative Method The study conducted in this research is the literature. Impeachment of the President and Vice President of his / her position is not new in the Indonesian state administration system. Both before the amendment and after the amendment of the 1945 Constitution. The 1945 Constitution of the amendment result has specified the provisions concerning the Impeachment of the President and Vice President as head of state. However, the mechanism of the impeachment process is determined in a constitutionally eliminative manner even though these reasons have a very broad interpretation and may be subjective, especially in a political institution of the DPR, by which there are several things to be considered in the impeachment process in Indonesia, such as the impeachment process in the House of Representatives Regional and process of Impeachment in the Constitutional Court. There is a need for the provision of legal products or the making of procedural law which regulates the impeachment of the President and Vice President.


2018 ◽  
Author(s):  
Andrea Pereira ◽  
Jay Joseph Van Bavel ◽  
Elizabeth Ann Harris

Political misinformation, often called “fake news”, represents a threat to our democracies because it impedes citizens from being appropriately informed. Evidence suggests that fake news spreads more rapidly than real news—especially when it contains political content. The present article tests three competing theoretical accounts that have been proposed to explain the rise and spread of political (fake) news: (1) the ideology hypothesis— people prefer news that bolsters their values and worldviews; (2) the confirmation bias hypothesis—people prefer news that fits their pre-existing stereotypical knowledge; and (3) the political identity hypothesis—people prefer news that allows their political in-group to fulfill certain social goals. We conducted three experiments in which American participants read news that concerned behaviors perpetrated by their political in-group or out-group and measured the extent to which they believed the news (Exp. 1, Exp. 2, Exp. 3), and were willing to share the news on social media (Exp. 2 and 3). Results revealed that Democrats and Republicans were both more likely to believe news about the value-upholding behavior of their in-group or the value-undermining behavior of their out-group, supporting a political identity hypothesis. However, although belief was positively correlated with willingness to share on social media in all conditions, we also found that Republicans were more likely to believe and want to share apolitical fake new. We discuss the implications for theoretical explanations of political beliefs and application of these concepts in in polarized political system.


Author(s):  
Michelle Belco ◽  
Brandon Rottinghaus

The president serves dual roles in the political system: one who “commands” by pursuing his or her agenda using unilateral orders and one who “administers” and who works to continue proper government function, often with the support of Congress. In a reassessment of the literature on unilateral power, this book considers the president’s dual roles during the stages of the policy-making process. Although presidents may appear to act “first and alone,” the reality is often much different. Presidents act in response to their own concerns, as well as assisting Congress on priorities and the need to maintain harmonic government function. The authors find support for both the model of an aggressive president who uses unilateral orders to push his or her agenda, head off unfavorable congressional legislation, and selectively implement legislation, and they find support for a unifying president who is willing to share management of government, support Congressional legislative efforts, and faithfully implement legislation. At the same time, presidents self-check their actions based on the ability of Congress to act to overturn their orders, through a shared sense of responsibility to keep government moving and out of respect for the constitutional balance. The shared nature of unilateral orders does not preclude an active president, as presidents remain strong, central actors in the political system.


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