No More January Sixths: A Constitutional Proposal to Take Politics Out of Presidential Election Mechanics

University of Pennsylvania Journal of Constitutional Law, Vol. 24, 2022

Stetson University College of Law Research Paper No. 2022-10

35 Pages Posted: 28 Mar 2022 Last revised: 10 Aug 2022

See all articles by Paul Boudreaux

Paul Boudreaux

Stetson University - College of Law

Date Written: January 30, 2022

Abstract

The conduct of Congress on January 6, 2021, exposed the ill-considered legal mechanics of the presidential electoral vote. In both 2017 and 2021, members of Congress “objected” to the Electoral College vote, threatening democracy. Guided by principles of neutrality and humility, this essay identifies potentially partisan vulnerabilities in the current electoral system and proposes three straightforward constitutional amendments. First, the Constitution should remove the ability of state legislatures to choose electors. Second, the Constitution should require expeditious state resolution of popular voting disputes. Third, and finally, the Constitution should remove Congress entirely from presidential electoral mechanics.

Keywords: President, elections, Congress, Twelfth Amendment, Electoral Count Act

JEL Classification: Law and Economics

Suggested Citation

Boudreaux, Paul, No More January Sixths: A Constitutional Proposal to Take Politics Out of Presidential Election Mechanics (January 30, 2022). University of Pennsylvania Journal of Constitutional Law, Vol. 24, 2022, Stetson University College of Law Research Paper No. 2022-10, Available at SSRN: https://ssrn.com/abstract=4038428

Paul Boudreaux (Contact Author)

Stetson University - College of Law ( email )

1401 61st Street South
Gulfport, FL 33707
United States

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