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
35 Pages Posted: 28 Mar 2022 Last revised: 10 Aug 2022
Date Written: January 30, 2022
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: Suggested Citation