{"title":"第三党和独立总统候选人:决选机制的必要性","authors":"E. Foley","doi":"10.2139/SSRN.2795124","DOIUrl":null,"url":null,"abstract":"This paper reviews the history of presidential elections, those in the nineteenth as well as the twentieth centuries, make the case that third-party candidates have determined which major-party candidate won the election far more frequently than is usually recognized. It is not just Ralph Nader in 2000, but many other instances, most especially the three-way split between Wilson, Roosevelt, and Taft in 1912. Based on this history, the paper argues that America needs some sort of runoff mechanism for presidential elections, either a second-round system like that employed by France and most other democracies with presidential (rather than parliamentary) governments, or Instant Runoff Voting. The paper then explains why and how, in the absence of a constitutional amendment, it would be feasible for each state to make its own independent determination to use Instant Runoff Voting pursuant to its authority under Article Two of the U.S. Constitution to determine the method of appointing the state's presidential electors.","PeriodicalId":47517,"journal":{"name":"Fordham Law Review","volume":null,"pages":null},"PeriodicalIF":1.0000,"publicationDate":"2016-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.2795124","citationCount":"1","resultStr":"{\"title\":\"Third-Party and Independent Presidential Candidates: The Need for a Runoff Mechanism\",\"authors\":\"E. Foley\",\"doi\":\"10.2139/SSRN.2795124\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This paper reviews the history of presidential elections, those in the nineteenth as well as the twentieth centuries, make the case that third-party candidates have determined which major-party candidate won the election far more frequently than is usually recognized. It is not just Ralph Nader in 2000, but many other instances, most especially the three-way split between Wilson, Roosevelt, and Taft in 1912. Based on this history, the paper argues that America needs some sort of runoff mechanism for presidential elections, either a second-round system like that employed by France and most other democracies with presidential (rather than parliamentary) governments, or Instant Runoff Voting. The paper then explains why and how, in the absence of a constitutional amendment, it would be feasible for each state to make its own independent determination to use Instant Runoff Voting pursuant to its authority under Article Two of the U.S. Constitution to determine the method of appointing the state's presidential electors.\",\"PeriodicalId\":47517,\"journal\":{\"name\":\"Fordham Law Review\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":1.0000,\"publicationDate\":\"2016-10-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.2139/SSRN.2795124\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Fordham Law Review\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.2795124\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Fordham Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2139/SSRN.2795124","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
Third-Party and Independent Presidential Candidates: The Need for a Runoff Mechanism
This paper reviews the history of presidential elections, those in the nineteenth as well as the twentieth centuries, make the case that third-party candidates have determined which major-party candidate won the election far more frequently than is usually recognized. It is not just Ralph Nader in 2000, but many other instances, most especially the three-way split between Wilson, Roosevelt, and Taft in 1912. Based on this history, the paper argues that America needs some sort of runoff mechanism for presidential elections, either a second-round system like that employed by France and most other democracies with presidential (rather than parliamentary) governments, or Instant Runoff Voting. The paper then explains why and how, in the absence of a constitutional amendment, it would be feasible for each state to make its own independent determination to use Instant Runoff Voting pursuant to its authority under Article Two of the U.S. Constitution to determine the method of appointing the state's presidential electors.
期刊介绍:
The Fordham Law Review is a scholarly journal serving the legal profession and the public by discussing current legal issues. Approximately 75 articles, written by students or submitted by outside authors, are published each year. Each volume comprises six books, three each semester, totaling over 3,000 pages. Managed by a board of up to eighteen student editors, the Law Review is a working journal, not merely an honor society. Nevertheless, Law Review membership is considered among the highest scholarly achievements at the Law School.