Another Way, by Lawrence Lessig cover image

Another Way, by Lawrence Lessig

Latest episodes

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Nov 20, 2020 • 59min

Another Way To Elect A President: Election Follow-Up

Dive into the aftermath of the presidential election and its implications for electoral integrity. Discover the tangled web of lawsuits and claims surrounding voter fraud that have emerged post-election. Explore the controversial 'state legislature superpower theory' and its impact on elector appointments. Reflect on the vital role of election workers amidst the chaos and the urgent call for reforms to restore public trust in the electoral process. It's a deep look into the complexities of modern democracy and the challenges ahead.
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Nov 3, 2020 • 1h 7min

Live Election (and Beyond!) Special

In our election day special, we bring you a recording of our live conversation from October 30. We talked about the worries of this election day, but we also looked beyond the election to discuss the policy options on the table if Biden wins. While we await the results, we end our election day blitz of episodes on an optimistic note!
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Nov 3, 2020 • 1h 26min

Another Way To Elect A President: Jumping The Shark

Prepare for a wild ride through outrageous electoral scenarios! Imagine the chaos if votes were tossed out en masse or if Congress just refused to count them. Delve into the legal quagmire surrounding ballot integrity and the complex challenges of mail-in voting. Explore the potential disruptions of the presidential election and the intricate roles of presidential electors. Unravel the influence of congressional dynamics on electoral processes. It's an eye-opening look at the fragility of democracy in today's political landscape!
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Nov 3, 2020 • 57min

Another Way To Elect A President: The VP's Role (Part 9)

David Fontana, a legal expert from GW Law, joins to unpack the Vice President's constitutional role in the electoral vote counting process. He highlights historical tensions, referencing moments like Bush vs. Gore and the contentious elections of 1796 and 1800. The discussion delves into the Electoral Count Act and legal frameworks influencing the Vice President's authority. Fontana also explores the implications of procedural irregularities and the necessity of congressional unity, urging reflection on the evolving complexities of American democracy.
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Nov 2, 2020 • 1h 2min

Another Way To Elect A President: Contingent Elections (Part 8)

Exploring the rare House contingent election, the discussion dives into its historical roots and what could trigger it today. It examines the intricacies of the electoral system and the implications of achieving majority rule. The complexities of political legitimacy amid bribery and negotiations are highlighted, along with the significant roles of the president and vice president in such scenarios. With reflections on potential reforms, the conversation emphasizes the evolving nature of democracy and electoral integrity.
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Nov 1, 2020 • 54min

Another Way To Elect A President: The Death of a Candidate (Part 7)

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.
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Oct 31, 2020 • 36min

BONUS: National Popular Vote On The Ballot, with Dr. John Koza

In this bonus episode, Jason speaks with National Popular Vote founder Dr. John Koza. They discuss the problems with the electoral college, how it can be reformed with the National Popular Vote Interstate Compact, and the importance of Tuesday's referendum on the issue in Colorado.
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Oct 30, 2020 • 58min

Another Way To Elect A President: The Electoral Count Act (Part 6)

In a captivating discussion, Professor Stephen Siegel, a Law Professor at DePaul University and expert on the Electoral Count Act, dives into the historical significance of this 1887 legislation. He addresses the complexities of election disputes, including contentious moments like Bush v. Gore. Siegel explains the process Congress follows when counting electoral votes, potential partisan challenges, and the importance of effective oversight. Listeners gain insights into navigating electoral controversies and the balance of power between state and federal authorities.
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Oct 28, 2020 • 53min

Another Way To Elect A President: The Presidential Electors (Part 5)

Explore the intriguing role of the electors in the U.S. Electoral College. Discover how their votes are cast, and the potential pitfalls that can arise. Delve into the historical showdown between Jefferson and Burr, and how it influenced the creation of the 12th Amendment. Learn about the complexities behind electors' duties and the often-controversial winner-takes-all system. The conversation also addresses risks of bribery and the evolving debate on the future of this electoral mechanism.
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Oct 28, 2020 • 54min

Another Way To Elect A President: Can A State Legislature Overrule The Voters? (Part 4)

Matthew Seligman, a writer focused on voting rights and the Supreme Court, dives into the complex interplay between state legislatures and voter decisions in presidential elections. He discusses the historical evolution of electors' appointment and significant legal debates on authority versus voter rights. Seligman highlights the challenges posed by potential election interference and the rare practice of state legislatures creating alternative elector slates. The conversation underscores the pressing issue of electoral integrity in today’s political climate.

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