Nine Ways to Avoid a Train Wreck: How Title 3 Should Be Changed
31 Pages Posted: 23 Oct 2012
Date Written: 2002
When the Supreme Court called the political process to a halt in Bush v. Gore, the danger existed that continued adherence to that process would have led to a systemic breakdown. This could have occurred in a number of ways. Many of those ways, with the benefit of hindsight, can now be identified. Many were caused by poorly drafted and ill-considered provisions of Title 3 of the United States Code, which regulates presidential elections. This article examines the principal problems with Title 3 that came to light after the 2000 presidential election. It then suggests remedial amendments. The article begins, as background, with a review of relevant constitutional principles so as to assess the breadth of congressional discretion in addressing those problems. The article concludes that while at least nine “disaster scenarios” exist, none is likely ― but none is improbable enough to be ignored.
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