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| | SSRN-Law, Rules, and Presidential Selection by Samuel Issacharoff |
 | | This Article examines the rather commonplace departures from strict majoritarian rule in the Constitution, and concludes that the distortions from majoritarian preferences created by the Electoral College are actually much smaller in scope than those created by the U.S. Senate, the Article V amendment process and, to some extent, the House of Representatives. |
 | | The Article then explores the controversies surrounding the presidential elections of 1800 and 1876 to argue that there are nonetheless important constitutional principles at stake in the operation of the Electoral College, namely in the manner in which Congress dictates rules for the settlement of disputes arising from presidential elections. |
 | | This practice, which is not mandated by the Constitution, could be challenged, not on the grounds that it is inconsistent with majoritarianism, but rather on the grounds that it gives the majority too much power - an argument that finds much stronger support in our constitutional jurisprudence. |
| papers.ssrn.com /sol3/papers.cfm?abstract_id=382640 (379 words) |
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