American democracy is commonly described as "majoritarian," but Robert W. Bennett argues that it is more usefully understood as "an extraordinary engine for producing conversation about public affairs" that involves essentially the entire adult citizenry. In Bennett's view, many central features of American democracy act as spurs to wide-ranging conversational interaction between the government and the governed. These included a separately elected executive, bicameralism, federalism, localism, single-member legislative districts, and heightened constitutional protection for speech and the...
American democracy is commonly described as "majoritarian," but Robert W. Bennett argues that it is more usefully understood as "an extraordinary engi...
Taming the Electoral College explores poorly understood aspects of the electoral college, including two possibilities in particular that could pose the most serious danger for American democracy. These are, first, determination of the president by "faithless electors" who ignore the popular vote in their states, and, second, choice of the president in the House of Representatives, which is required if no electoral college majority votes in favor of a single candidate. In any given election, neither of these outcomes is likely, but the 2000 election showed that we would do well to...
Taming the Electoral College explores poorly understood aspects of the electoral college, including two possibilities in particular that cou...
Taming the Electoral College explores poorly understood aspects of the electoral college, including two possibilities in particular that could pose the most serious danger for American democracy. These are, first, determination of the president by "faithless electors" who ignore the popular vote in their states, and, second, choice of the president in the House of Representatives, which is required if no electoral college majority votes in favor of a single candidate. In any given election, neither of these outcomes is likely, but the 2000 election showed that we would do well to take...
Taming the Electoral College explores poorly understood aspects of the electoral college, including two possibilities in particular that could ...
Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called "originalism." The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to...
Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called "origi...
