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A Short History of Presidential Election Crises

(And How to Prevent the Next One)

ebook
1 of 1 copy available
1 of 1 copy available

An urgent primer on what can be done to combat emerging threats to the core of U.S. Democracy—presidential elections.

In 2000, we learned that an exceptionally close presidential election can produce chaos, because we have no reliable Constitutional mechanism for resolving disputes. Joe Biden just won a presidential election that was extremely close in a number of states. Trump—and his many supporters—refuse to accept the legitimacy of those vote results, leading to an insurrection at the Capitol Building. Where do we go from here?

In A Short History, Constitutional scholar Alan Hirsch presents a concise history of presidential elections that resulted in crises and advocates clear, common-sense solutions, including abolishing the Electoral College and the creation of a permanent, non-partisan Presidential Election Review Board to prevent or remedy future crises.

"Hirsch does a very good job of offering historical context to illuminate the present—and the terrifying future. His imaginative proposals are probably too sensible to be implemented in an age of parochial partisanship."—David Shipler, former reporter for the New York Times and Pulitzer Prize winner

"Democracy is broken, but as Alan Hirsch explains, it really doesn't have to be. This is the real story of how our voting system became so vulnerable to attacks from within and without, told with precision, verve, and even hope. This is the way out."—Douglas Rushkoff, author of Team Human

"This is a must-read for anyone who cares about safeguarding presidential elections―which should be everyone."—Evan Caminker, Professor and former Dean, University of Michigan Law School

"The noted law historian, author of Impeaching the President, examines the handful of seriously problematic presidential elections in American history and what the Constitution elucidates about the process of undoing such an event—namely, nothing. . . . A highly relevant study featuring much food for thought and prospects for change."—Kirkus Reviews, Starred Review

" [A] seminal work of meticulous and informative scholarship that should be considered as an essential and unreservedly recommended addition to community, college, and university library Contemporary Political Science collections. It should be noted for the personal reading lists of students, academia, political activists, and non-specialist general readers with an interest in the subject."—Midwest Library Review

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    • Kirkus

      Starred review from March 15, 2020
      The noted law historian, author of Impeaching the President, examines the handful of seriously problematic presidential elections in American history and what the Constitution elucidates about the process of undoing such an event--namely, nothing. Like many historians and political analysts, Hirsch believes the Electoral College is direly flawed and should be abolished. In his latest book, he begins with an overview of the presidential election process, set out in Article II of the Constitution, which was soon to be revealed by Alexander Hamilton as a "defect." In the election of 1800, between Thomas Jefferson and Aaron Burr, each received the same votes, and the crisis resulted in the 12th Amendment, creating a distinct ballot for president and vice president. However, in 1824, the race between John Quincy Adams and Andrew Jackson resulted in a tie and had to be brokered by the House of Representatives, as per the Constitution. It came down to the wheedling of charismatic Speaker of the House Henry Clay to throw his support behind Adams--perhaps in return for his appointing him secretary of state, the so-called "corrupt bargain." In the 1876 election, Samuel Tilden received 250,000 more votes than Rutherford B. Hayes, yet three states were "too close to call" (South Carolina, Florida, and Louisiana)--an eerie similarity to the future 2000 nail-biter between Al Gore and George W. Bush, which came down to one state, Florida, and was thrown to the courts for a decision. Hirsch quotes election law expert Edward Foley: "the Hayes-Tilden dispute exposed structural frailties in the nation's constitutional order that...were unchanged in 1876 and remain unchanged today"--decidedly unnerving news as we approach the 2020 election. In the concluding chapters, the author delineates the "fraud and chaos" rampant in the EC and argues for a constitutional amendment for handling future crises. A highly relevant study featuring much food for thought and prospects for change.

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