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The Origins and Constitutionality of State Unit Voting in the Electoral College

By: Festa, Matthew J. | Vanderbilt Law Review, October 2001 | Article details

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The Origins and Constitutionality of State Unit Voting in the Electoral College


Festa, Matthew J., Vanderbilt Law Review


I. INTRODUCTION

On November 1, 2000, a Joint Resolution was introduced in Congress proposing a constitutional amendment to change the Article II system of electing the President and Vice President1 by abolishing the Electoral College.2 Acknowledging the fact that "there have been more congressionally proposed constitutional amendments on this subject than any other,"3 the sponsoring Senator noted that the issue "could become supremely important in a few days," because "we have the possibility that the winning candidate for President might not win the popular vote in our country."4 One prominent legal scholar has described the mere possibility of such an event as "a constitutional …

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