A Short History of Presidential Election Crises

A Short History of Presidential Election Crises
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What if, on account of the Coronavirus, we attempt to hold the 2020 presidential election entirely on-line or through the mail, and it turns into a logistical nightmare? What if hackers succeed in changing votes from one candidate to another, calling into question the accuracy of the electoral count? And, what happens if our current president doesn't accept election day results if he's not declared the winner? In 2000, we learned that an exceptionally close presidential election can produce chaos, because we have no reliable Constitutional mechanism for resolving disputes. Since 2016, we have learned that foreign countries—and perhaps other malevolent actors—have been covertly attacking U.S. election systems. In the age of hacking, our elections are more vulnerable than ever, and yet we have failed to adequately prepare for all possible scenarios. It is time for us to think about how we can prevent and/or deal with disaster  before  it strikes.  In A Short History , Constitutional scholar Alan Hirsch addresses these issues with urgency and precision. He presents a concise history of presidential elections that resulted in crises and advocates clear, common-sense solutions, including abolishing the Electoral College and the creation of a permanent, non-partisan Presidential Election Review Board to prevent or remedy future crises. "The noted law historian, author of Impeaching the President,  examines the handful of seriously problematic presidential elections in American history and what the Constitution elucidates about the process of undoing such an event—namely, nothing. . . . A highly relevant study featuring much food for thought and prospects for change." — Kirkus Reviews,  Starred Review "Democracy is broken, but as Alan Hirsch explains, it really doesn’t have to be. This is the real story of how our voting system became so vulnerable to attacks from within and without, told with precision, verve, and even hope. This is the way out."— Douglas Rushkoff, author of Team Human “Hirsch does a very good job of offering historical context to illuminate the present—and the terrifying future. His imaginative proposals are probably too sensible to be implemented in an age of parochial partisanship.”— David Shipler, former reporter for the New York Times and Pulitzer Prize winner  "This is a must-read for anyone who cares about safeguarding presidential elections ―which should be everyone. The time to read this book and pay attention is now." —Evan Caminker, Professor and former Dean, University of Michigan Law School

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Alan Hirsch. A Short History of Presidential Election Crises

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A SHORT HISTORY OF PRESIDENTIAL ELECTION CRISES

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Jackson and Clay never got along. By contrast, Adams and Clay had enjoyed a cordial relationship. They had served together on the commission that negotiated the Treaty of Ghent in 1815, and later, when Clay was Speaker of the House and Adams secretary of state, they worked together on various affairs of state and occasionally dined together. But early in 1822 their relationship soured over a pamphlet written by a Clay supporter who served with both men on the Ghent commission. The pamphlet alleged that Adams sought favorable terms for Great Britain in those negotiations in exchange for benefits to New England fisheries. Adams believed Clay responsible for the pamphlet; Clay angrily denied the charge.

Clay considered Jackson a crude warrior unschooled in legislation and negotiation—Clay’s life work. The only case to be made for supporting Jackson was that he was the closest thing to the people’s choice, having received the most popular and electoral votes. Such consideration could not overcome Clay’s wholesale contempt for Jackson, whose election, Clay surmised, would “give to the Military Spirit a Stimulus and a confidence that might lead to the most pernicious results.”21

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