Requiring Majority Winners for Congressional Elections: Harnessing Federalism to Combat Extremism

Foley, Edward B.

Journal: Lewis & Clark Law Review

Volume: 26

First Page: 365

Year: 2022

Bluebook Citation: 26 LEWIS & CLARK L. REV. 365 (2022)

Author: Edward B. Foley: all 22 publications


Abstract

Congress should enact a law requiring a candidate for a seat in Congress to receive a majority of votes in order to win the election. Congress should let states determine what particular procedure to use to determine whether a candidate wins a majority, as there are significantly different methods of identifying a majority winner. While this simple piece of legislation might seem inconsequential—many Americans assume, erroneously, that elections already require majority winners—it in fact would cause states to undertake a form of experimentation in the details of electoral system design that would have the effect of counteracting the threat that anti-democracy extremism currently poses in America.

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