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116 Pol. Sci. Q. 1 (2001-2002)

handle is hein.journals/pclscceqry116 and id is 1 raw text is: 



Editor's Opinion: Why Americans


            Deserve a Constitutional Right to

            Vote for Presidential Electors










                                  DEMETRIOS JAMES CARALEY

            Americans  deserve the constitutional right to vote for president.
We  do not have it now. Last year's presidential election showed that our Con-
stitution should be amended to declare explicitly that every citizen of requisite
age has a constitutional right to vote for presidential electors and that the popu-
lar vote in each state determines the allocation of electoral votes. This kind of
amendment   would  retain the electoral vote system of choosing the president
and not alter the balance of power between large and small states, among re-
gions, or between parties.
    Political scientists, constitutional law experts, and other careful readers
were stunned to read in the U.S. Supreme Court's Bush v. Gore majority opin-
ion the declaration that the individual citizen has no federal constitutional
right to vote for electors for President unless and until the state legislature
chooses statewide election.' All of us knew that was literally true in the origi-
nal 1787 constitutional language. But the actuality since Andrew Jackson's day
was that state legislatures had enfranchised essentially all white, adult, male
citizens to vote for presidential electors.2 Then various constitutional amend-
ments prohibited discrimination in voting on the basis of race, gender, or age
above eighteen. Most Americans  who even thought about it thus assumed that
the long-term  de facto right to vote for presidential electors had become
through custom  and tradition a de jure right and was sufficient to make our

  'George W. Bush and Richard Cheney, Petitioners v. Albert Gore, Jr. et al., 12 December 2000.
  2 The exceptions were South Carolina, which held out until 1852, and Florida, which in 1868 briefly
went back to having the legislature appoint electors.

DEMETRIOS  JAMES  CARALEY,  the editor of Political Science Quarterly, is professor of political
science and the Janet Robb Professor of Social Sciences at Barnard College and the Graduate Faculty
of Columbia University.


Political Science Quarterly  Volume 116  Number 1  2001


1

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