Another Way, by Lawrence Lessig
Another Way To Elect A President: The Death of a Candidate (Part 7)
Nov 1, 2020
Larry and Jason, contributors to an op-ed on the electoral process, delve into the rarely discussed topic of a presidential candidate's death during an election. They explore the 20th Amendment and its constitutional ramifications, including historical precedents and the complexities of state laws. The duo also examines the electoral implications, from conflicting elector obligations to navigating challenges in swing states, highlighting legal dilemmas and historical case studies that reflect the fragile balance of democracy during unprecedented situations.
54:04
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Quick takeaways
- The 20th Amendment's provisions regarding the death of a presidential candidate highlight significant legal ambiguities affecting electoral processes.
- State laws governing electors' votes may conflict with constitutional responsibilities, raising concerns about democratic integrity and potential legal disputes.
Deep dives
Understanding the 20th Amendment
The 20th Amendment to the U.S. Constitution primarily altered the timeline for the beginning of congressional and presidential terms, moving them from March 4th to January 3rd and January 20th, respectively. This change was intended to streamline the electoral process and ensure that newly elected Congress members could tally the electoral votes. An additional lesser-known aspect of the amendment addresses scenarios involving the death of presidential candidates. Historical events, particularly those surrounding the elections in 1924, catalyzed discussions about what contingency plans should be put in place for such tragic occurrences.
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