The End of the Electoral College?

[Paul Mulshine]

MessageAs a mere journalist, a columnist at the Star-Ledger of New Jersey who wrote what is I believe the first news account of that Colorado initiative and its potential impact, may I ask a simple question: Is this entire debate not irrelevant? I can see no possible scenario under which the small states would approve and amendment that would take away the disproportionate power they have under the current system. Can anyone see such a scenario?
Paul Mulshine
The Star-Ledger
  ----- Original Message ----- 
  From: Conkle, Daniel O. 
  To: conlawprof at lists.ucla.edu 
  Sent: Friday, October 15, 2004 11:16 AM
  Subject: RE: The End of the Electoral College?


  On the other hand, imagine the 2000 election without the electoral college, or imagine--it's not too hard to do!--a virtually 50-50 split in the 2004 popular vote.  The electoral college at least focused the post-2000 recounts and litigation in a single state.  Without the electoral college, would we not be inviting recounts and lawsuits nationwide, in an attempt by partisans on both sides to pick up votes wherever they could, even in relatively small numbers?  Or am I mistaken?  Is the popular vote outcome more likely to be definitive even in a close election?
  Dan Conkle 
  ************************************** 
  Daniel O. Conkle 
  Professor of Law 
  Indiana University School of Law 
  Bloomington, Indiana  47405 
  (812) 855-4331 
  fax (812) 855-0555 
  e-mail conkle at indiana.edu 
  ************************************** 

  P.S.  Apologies if this is a duplicate posting.  I think I made an error in sending it a little while ago.

    -----Original Message-----
    From: conlawprof-bounces at lists.ucla.edu [mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Michael Zimmer
    Sent: Friday, October 15, 2004 9:42 AM
    To: RJLipkin at aol.com
    Cc: CONLAWPROF at lists.ucla.edu
    Subject: Re: The End of the Electoral College?


    Yes, the Electoral College system should be changed and the effort should not be partisan. We have moved toward broader democracy and it is long past time to give the American people the right to vote for President.  We would be much further along on doing this if the Supreme Court had not cut off the way the Constitution envisioned the selection of the President to work.  Assuming the Florida courts decided that Gore won, so Gore's electors were sent to Washington and assume that the Florida legislature had voted to sent Bush's electors, everyone would concretely have realized that we do not have the right to vote for the President, even though we do in all the states. I think the Electoral College system would not survive the dawning of that reality.



    Michael J. Zimmer
    Professor of Law
    Seton Hall Law School
    One Newark Center
    Newark, NJ 07102
    973.642.8833
    973.642.8194 fax



    -----conlawprof-bounces at lists.ucla.edu wrote: -----

    To: CONLAWPROF at lists.ucla.edu
    From: RJLipkin at aol.com
    Sent by: conlawprof-bounces at lists.ucla.edu
    Date: 10/15/2004 09:00AM
    Subject: The End of the Electoral College?



            Would (should) there be a  partisan attempt to eliminate the Electoral College were Senator Kerry to win  the presidency, but lose the popular vote?  Would it be successful?
     
    Bobby


    Robert Justin Lipkin
    Professor of Law
    Widener  University School of Law
    Delaware
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