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A Review of Popular vote and Electoral College vote of United States presidential election - Focusing on the Electoral College System -
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미국 대통령 선거의 '유권자 투표'(popular vote)와 '선거인단 투표'(Electoral College vote)에 관한 고찰 - 선거인단 제도를 중심으로 -

논문 기본 정보

Type
Academic journal
Author
Byeongrok KIM (조선대학교)
Journal
Institution of American Constitution Study on the American Constitution Vol.32 No.3 KCI Accredited Journals
Published
2021.12
Pages
1 - 44 (44page)

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A Review of Popular vote and Electoral College vote of United States presidential election - Focusing on the Electoral College System -
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When Americans cast ballots for presidential candidates, their votes actually go toward selecting members of the Electoral College, whom each State appoints based on the popular returns. The States have devised mechanisms to ensure that the electors they appoint vote for the presidential candidate their citizens have preferred. With two partial exceptions, every State appoints a slate of electors selected by the political party whose candidate has won the State’s popular vote. Most States also compel electors to pledge to support the nominee of that party. Relevant here, 15 States back up their pledge laws with some kind of sanction. Almost all of these States immediately remove a so-called “faithless elector” from his position, substituting an alternate whose vote the State reports instead. A few States impose a monetary fine on any elector who flouts his pledge.
The Electors’ constitutional claim has neither text nor history on its side. Article II and the Twelfth Amendment give States broad power over electors, and give electors themselves no rights. Early in our history, States decided to tie electors to the presidential choices of others, whether legislatures or citizens. Except that legislatures no longer play a role, that practice has continued for more than 200 years. Among the devices States have long used to achieve their object are pledge laws, designed to impress on electors their role as agents of others. A State follows in the same tradition if, like Washington, it chooses to sanction an elector for breaching his promise. Then too, the State instructs its electors that they have no ground for reversing the vote of millions of its citizens. That direction accords with the Constitution-as well as with the trust of a Nation that here, We the People rule. The judgment of the Supreme Court of Washington is Affirmed.
#미국 대통령 선거 #유권자 투표 #선거인단 #승자독점 #배신투표 #신의 없는 선거인 #United States presidential election #Popular vote #Electoral College #Winner takes all #Betrayal vote #Faithless elector

Contents

국문초록
Ⅰ. 미국 대통령 선거 개관과 문제의 제기
Ⅱ. 선거인단 선거에서 승자독식의 문제
Ⅲ. 선거인단 제도의 찬반론
Ⅳ. 선거인단의 배신투표를 처벌하는 규정의 합헌성
Ⅴ. 시사점 및 향후의 과제
참고문헌
Abstract

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