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This book explains the presidential election process in the United
States. It provides general information about Presidential
candidates and their campaigns and it reviews the laws, activities,
and customs that govern each of the four stages of the process --
the primary campaign, the national nominating conventions, the
general election, and the electoral college.
When Americans vote for President and Vice President, they are
actually choosing presidential electors, known collectively as the
electoral college. It is these officials who choose the President
and Vice President of the United States. The complex elements
comprising the electoral college system are responsible for one of
the most important processes of the American political and
constitutional system: election of the President and Vice
President. A failure to elect, or worse, the choice of a chief
executive whose legitimacy might be open to question, could
precipitate a profound constitutional crisis that would require
prompt, judicious, and well-informed action by Congress. Article
II, Section 1 of the Constitution, as amended in 1804 by the 12th
Amendment, sets forth the requirements for election of the
President and Vice President. It authorizes each state to appoint,
by whatever means the legislature chooses, a number of electors
equal to the combined total of its Senate and House of
Representatives delegations, for a contemporary total of 538,
including three electors for the District of Columbia. Since the
Civil War, the states have universally provided for popular
election of the presidential electors. Anyone may serve as an
elector, except Members of Congress and persons holding offices of
"Trust or Profit" under the Constitution. In each presidential
election year, the political parties and other groups that have
secured a place on the ballot in each state nominate a "slate" or
"ticket" of candidates for elector.
The Philadelphia Convention of 1787 provided two methods of
proposing amendments to the U.S. Constitution. In the first,
Congress, by two-thirds vote in both houses, proposes amendments to
the states. If three-fourths of the states (38 at present) vote to
ratify the amendment, it becomes part of the Constitution. Since
1789, Congress has proposed 33 amendments by this method, 27 of
which have been adopted. In the second method, if the legislatures
of two-thirds of the states (34 at present) apply, Congress must
call a convention to consider and propose amendments, which must
meet the same 38-state ratification requirement. This alternative,
known as the Article V Convention, has not been implemented to
date. Several times during the 20th century, organized groups
promoted a convention that they hoped would propose amendments to
the states, or to "prod" Congress to propose amendments they
favored. The most successful was the movement for direct election
of Senators, which helped prod Congress to propose the 17th
Amendment. The most recent, which promoted a convention to consider
a balanced federal budget amendment, gained 32 applications, just
two short of the constitutional threshold. When the balanced budget
amendment campaign failed in the 1980s, interest in the convention
option faded and remained largely dormant for more than 20 years.
Within the past decade, interest in the Article V Convention
process has reawakened: several policy advocacy organizations have
publicized the Article V Convention option, particularly as an
alternative to what they portray as a legislative and policy
deadlock at the federal level. An important issue in the
contemporary context is the fact that advances in communications
technology could facilitate the emergence of technology-driven
issue advocacy groups favorable to this phenomenon. The rise of
instant interpersonal communications, email, and other social media
helped facilitate the rapid growth of such groups as MoveOn.org,
the Tea Party movement, and, most recently, Occupy Wall Street.
These tools could be harnessed to promote a credible campaign in a
much shorter time than was the case with previous convention
advocacy movements. Reviewing the history of the Article V
Convention alternative, the record of the Constitutional Convention
of 1787 clearly demonstrated the founders' original intent. During
the convention, they agreed that a second mode of amendment was
needed to balance the grant of amendatory power to Congress. This
method, clearly identified in Article V as co-equal to
congressional proposal of amendments, empowered the people, acting
through their state legislatures, to summon a convention that would
have equal authority to propose an amendment or amendments, which
would then be presented to the states for ratification. Only the
states can summon an Article V Convention, by application from
their legislatures. Some of the issues concerning this process
include procedures within the state legislatures; the scope and
conditions of applications for a convention; steps in submitting
applications to Congress; and the role of the state governors in
the process. This report identifies and examines these issues.
The frequent delivery of public remarks by Senators and
Representatives is an important element of their roles as community
leaders, spokespersons, and freely elected legislators.
Congressional staff are often called on to help prepare draft
remarks for such purposes. Writing for the spoken word is a special
discipline; it requires that congressional speechwriters' products
be written primarily, although not exclusively, to be heard, not
read. Speeches are better cast in simple, direct, and often short
sentences that can be easily understood by listeners. Rhetorical
devices such as repetition, variation, cadence, and balance are
available to, and should be used by, the speechwriter. It is
important for speechwriters to analyze audiences according to
factors such as age; gender; culture; profession; size of audience;
political affiliation, if any; and the occasion for, and purpose
of, the speech. Most effective speeches do not exceed 20 minutes in
length. After researching a topic, speechwriters should prepare an
outline from which the speech will be developed. They should strive
to maintain a clear theme throughout the speech. Most speeches will
have a three-part structure consisting of an introduction, a body,
and a conclusion. The accepted style of contemporary American
public address is natural, direct, low ...
This report considers contemporary developments in presidential
elections. It emphasizes three topics chosen for their recurring
importance and notable recent developments: (1) nominating
procedures; (2) campaign finance; and (3) the electoral college.
The report highlights significant developments in these areas,
particularly for the 2008 and 2012 elections. It also provides
background information about the presidential election process in
general. Other CRS products cited throughout this report provide
additional information about the topics introduced here. As the
report notes, 2012 was expected to be a noteworthy election cycle
for several reasons. Some are extensions of developments that
started in 2008 or before, while others are more recent. Key themes
discussed in this report include the following: In recent years,
the two major political parties have made efforts to control the
"front-loading" phenomenon, the tendency for states to vie to be
first or among the first to hold caucuses or primary elections to
select presidential nominees. As the result of inter-party
cooperation following the 2008 election, front-loading was
significantly reduced for 2012; Among Republicans, the
winner-take-all method that had been widely used was replaced with
a proportional system for contests before April 1, although strict
proportional allocation was not mandated. With an open race for the
Republican nomination, the pace of primaries and caucuses and the
new allocation rule were expected to have an unpredictable effect.
In the end, the changes prolonged the contest in comparison to
recent previous contests; Significant changes in campaign finance
law shaped campaign finance in the 2012 election cycle, largely as
a result of the 2010 Supreme Court decision in Citizens United v.
Federal Election Commission. In the aftermath of Citizens United,
presidential candidates may face additional pressure to raise funds
to be able to compete against their opponents and outside groups,
particularly new organizations called "super PACs;" One of the most
notable campaign finance developments in recent elections is the
decline of the public financing system for presidential candidates.
The 2012 cycle marked the first since the public financing
program's inception that no major candidate accepted public funds;
After decades of congressional inactivity, state-level initiatives
to reform the electoral college were actively considered in 2012.
Among these were proposals to establish the district system of
awarding electoral votes in Pennsylvania and Wisconsin and further
discussion of the National Popular Vote initiative (NPV). NPV seeks
to implement direct popular election of the President and Vice
President through an interstate compact, rather than by
constitutional Amendment; Various states have considered or are
considering changes to their participation in the electoral
college. Moreover, a nongovernmental organization, the National
Popular Vote (NPV) campaign, has proposed an interstate compact
that would achieve direct election without a constitutional
amendment.
When Americans vote for President and Vice President, they are
actually choosing presidential electors, known collectively as the
electoral college. It is these officials who choose the President
and Vice President of the United States. The complex elements
comprising the electoral college system are responsible for one of
the most important processes of the American political and
constitutional system: election of the President and Vice
President. A failure to elect, or worse, the choice of a chief
executive whose legitimacy might be open to question, could
precipitate a profound constitutional crisis that would require
prompt, judicious, and well-informed action by Congress. Article
II, Section 1 of the Constitution, as amended in 1804 by the 12th
Amendment, sets forth the requirements for election of the
President and Vice President. It authorizes each state to appoint,
by whatever means the legislature chooses, a number of electors
equal to the combined total of its Senate and House of
Representatives delegations, for a contemporary total of 538,
including three electors for the District of Columbia. Since the
Civil War, the states have universally provided for popular
election of the presidential electors. Anyone may serve as an
elector, except Members of Congress and persons holding ...
Article V of the U.S. Constitution provides two methods of
proposing amendments. First, Congress, with the approval of
two-thirds of both houses, may propose amendments to the states for
ratification, a procedure used to propose all 27 current amendments
to the Constitution. Second, if the legislatures of two-thirds of
the states (34 at present) apply, Congress shall call a convention
for considering and proposing amendments. This alternative, known
as an Article V Convention, has not been implemented to date. This
report examines the Article V Convention method, focusing on
contemporary issues for Congress. A companion report, The Article V
Convention for Proposing Constitutional Amendments: Historical
Perspectives for Congress, examines this procedure's constitutional
origins; reviews the history of 20th century campaigns to call a
convention; and provides an analysis of state procedures in the
Article V Convention process. After three decades of inactivity,
various contemporary developments could contribute to a renewal of
congressional interest in the Article V Convention alternative. The
emergence of Internet and social media-driven public policy and
issue campaigns has combined with renewed interest in specific
constitutional amendments, and the Article V Convention procedure
in general, as a means of bypassing perceived policy deadlock at
the federal level. ...
When Americans vote for President and Vice President, they are
actually choosing presidential electors, known collectively as the
electoral college. It is these officials who choose the President
and Vice President of the United States. The complex elements
comprising the electoral college system are responsible for one of
the most important processes of the American political and
constitutional system: election of the President and Vice
President. A failure to elect, or worse, the choice of a chief
executive whose legitimacy might be open to question, could
precipitate a profound constitutional crisis that would require
prompt, judicious, and well-informed action by Congress. Article
II, Section 1 of the Constitution, as amended in 1804 by the 12th
Amendment, sets forth the requirements for election of the
President and Vice President. It authorizes each state to appoint,
by whatever means the legislature chooses, a number of electors
equal to the combined total of its Senate and House of
Representatives delegations, for a contemporary total of 538,
including three electors for the District of Columbia. Since the
Civil War, the states have universally provided for popular
election of the presidential electors. Anyone may serve as an
elector, except Members of Congress and persons holding offices of
"Trust or Profit" under the Constitution. In each presidential
election year, the political parties and other groups that have
secured a place on the ballot in each state nominate a "slate" or
"ticket" of candidates for elector. When voters cast a single vote
for their favored candidates on general election day, Tuesday after
the first Monday in November (November 6 in 2012), they are
actually voting for the slate of electors pledged to those
candidates. The entire slate of electors winning the most popular
votes in the state is elected, a practice known as winner-take-all,
or the general ticket system. Maine and Nebraska use an alternative
method, the district plan, which awards two electors to the popular
vote winners statewide, and one to the popular vote winners in each
congressional district. Electors assemble in their respective
states on the Monday after the second Wednesday in December
(December 17 in 2012). They are expected to vote for the candidates
they represent. Separate ballots are cast for President and Vice
President, after which the electoral college ceases to exist until
the next presidential election. State electoral vote results are
reported to Congress and are counted and declared at a joint
session of Congress, usually held on January 6 of the year
succeeding the election, a date that may be altered by legislation.
Since January 6 falls on a Sunday in 2013, Congress will likely set
another date for the joint session in 2013, possibly January 8. A
majority of electoral votes (currently 270 of 538) is required to
win, but the results submitted by any state are open to challenge
at the joint session, as provided by law. Past proposals for change
by constitutional amendment have included various reform options
and direct popular election, which would eliminate the electoral
college system, but no substantive action on this issue has been
taken in Congress for more than 20 years. At present, however, a
non-governmental organization, the National Popular Vote (NPV)
campaign, proposes to reform the electoral college by action taken
at the state level; eight states and the District of Columbia have
approved the NPV compact to date.
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