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Governing the Presidential Nomination Commons

58 Pages Posted: 27 Aug 2008 Last revised: 16 Sep 2010

Brigham Daniels

Brigham Young University - J. Reuben Clark Law School

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Date Written: August 24, 2008


States jockeying to hold primaries and caucuses as early as possible has become the central theme of the presidential primary system. While the trend of racing to vote is not new, it has increased alarmingly. In 2008, more than half the states held contests by the first week of February. This free-for-all hurts the democratic process by encouraging uninformed voting, emphasizing the role of money in campaigns, and pressing candidates to rely on sound-bite campaigning. Because the presidential nomination is one of the most important decisions left to voters in the United States, this problem is well-recognized. It is also widely misunderstood. This Article casts the problem in a different light, demonstrating that the front-loading of the nomination process is a classic tragedy of the commons. Recognizing the problem as a commons dilemma provides a powerful explanation for the trend towards earlier primaries and, more importantly, provides insights into how best to reform the nomination system.

Keywords: tragedy of the commons, frontloading, presidential primary, presidential nomination, commons, common-pool resources

Suggested Citation

Daniels, Brigham, Governing the Presidential Nomination Commons (August 24, 2008). Tulane Law Review, Vol. 84, p. 899, 2010. Available at SSRN: or

Brigham Daniels (Contact Author)

Brigham Young University - J. Reuben Clark Law School ( email )

410 JRCB
Brigham Young University
Provo, UT 84602
United States

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