Alexander S. Belenky is the author of the books “Extreme Outcomes of US Presidential Elections” (2003) and “Winning the US Presidency: Rules of the Game and Playing by the Rules” (2004). He was an invited guest on radio and TV talk shows throughout the country in the course of the 2004 election campaign. A visiting scholar at the MIT Center for Engineering Systems Fundamentals, Belenky holds a Ph.D. in systems analysis and applied mathematics. He was Guest Editor of “Mathematical Modeling of Voting Systems and Elections: Theory and Applications,” a special issue of “Mathematical and Computer Modelling” (2008). His opinion pieces about voting systems and elections have appeared in The Baltimore Sun, The Boston Globe, The Boston Herald, The Buffalo News, The Christian Science Monitor, The Michigan Law Review, The New York Times, The Plain Dealer, The Providence Journal, The Rutland Herald, The Telegram & Gazette, and The Union-Tribune.
“How America Chooses Its Presidents” is the author's second book dealing with the logical analysis of the system of electing a US President. The first author's book on this subject, “Extreme Outcomes of US Presidential Elections” [1], combines features of both a monograph and a textbook on extreme situations that may emerge in US Presidential elections. As a result, the first book contains numerous details on the election system that ma! y interest scholars in the field more than US voters who would like to understand how the system works and why it works as it does. Therefore, the author decided to write a new book, a much smaller volume, to spotlight important aspects of the election system for a general readership. This new book covers all the election rules discussed in the first book and uses “Extreme Outcomes of US Presidential Elections” as a reference source for a more extensive treatment of particular aspects of the election system.
Two questions on US Presidential elections have always concerned many US voters:
a) Should the Electoral College remain, or should it be abolished and replaced with a direct popular election system?
b) Should an elected US President have a mandate directly from the American people?
These important questions require, however, certain clarifications. In the first question, it is unclear if the Electoral College is understood as ! an assembly of particular people (electors) or as a mechanism fo r electing a US President. The answer may vary depending on how this is construed.
Many US voters believe that theoretical research in the field of US Presidential elections should constitute grounds for the answer to the second question. However, this answer solely depends on whom US voters would like to elect to the office of US President at a particular time in American history.
Answering these two questions requires explanations of the fundamentals of the election system. Based on these explanations, a US voter can juxtapose what he or she expects from the system and what this system currently provides. Therefore, discussing these fundamentals, along with extreme election outcomes, extreme campaign strategies, extreme election strategies, and even stalemates in the elections, is one of the main purposes of this book.
It is obvious that any elections, including US Presidential elections, can be considered fair only if the election rules are clear to t! he voters in advance. Also, these rules should cover traditionally expected situations in the elections, along with unexpected but logically possible ones. Such unexpected situations in US Presidential elections are called extreme situations (in this book and in the first book [1]). They are caused by logical flaws that are present in the provisions of the US Constitution and Federal Statutes relating to US Presidential elections, as well as by certain election issues not addressed in these documents.
As long as nobody knows what election rules will be applied if certain situations occur, rules of US Presidential elections remain fuzzy. These fuzzy rules may cause weird election outcomes that could be perceived as unfair and could even be contested in the courts.
From the author's viewpoint, extreme situations in US Presidential elections should be analyzed and dealt with preemptively. The analysis of such situations, presented in “Extreme Outcomes of US Pre! sidential Elections” [1] and in this book, is aimed at warning the A merican electorate of the danger of possible undesirable developments in the elections. This analysis emphasizes that the existing election system has the potential to cause undesirable situations in the elections no matter how remote or unlikely they may currently seem. The analysis is based entirely on common sense, and understanding its results does not require any special knowledge.
It seems important to emphasize that the US Constitution and Federal Statutes were written for the American people rather than only for constitutional lawyers. Therefore, any discrepancies detected in these documents should be pointed out to the American electorate in a form understandable to every US voter. This book, along with the first book [1], attempts to do this.
Logical flaws in the provisions of the US Constitution relating to US Presidential elections require explanations that can be made only by the US Supreme Court. However, this does not mean that the Court can prov! ide the explanations of all these flaws in principle. As a result, certain corrections to the election rules may be possible only in the framework of a new amendment to the US Constitution.
At the same time, it is interesting to notice that even the automatic plan of counting electoral votes, suggested by political leaders and scholars in the field, has failed to be introduced [2]. Some reformers have considered this plan to be too small an issue to go to the trouble of writing a new amendment to the US Constitution. Although introducing this plan could eliminate many extreme election outcomes that are discussed in this book, the plan could be introduced only if the US Supreme Court established that the (assumed) freedom of electors to vote their own choice means their obligation to follow the will of the states and the District of Columbia (DC), which they represent in the Electoral College. It seems (at least to the author) that such a “small issue” combined wi! th other issues relating to the election rules to be discussed in this book may, eventually, “tip the scale” in favor of developing a new amendment to the US Constitution. This new amendment could clarify the existing rules of US Presidential elections and correct already recognized discrepancies and logical flaws in these rules.
In addition, new issues associated with the continuity of the US Government, which emerged as a result of the September 11, 2001 tragedy, have recently been discussed in the light of the existing Presidential Succession Act. The act does not address these issues in certain extreme but logically possible situations [3]. Moreover, the applicability of this act to situations associated with the unpredictability of the voting behavior of electors may, eventually, be questioned. Indeed, it is not clear how a Federal Statute can determine rules of US Presidential elections in situations for which the US Constitution does not authorize the US Congress to provide anything by law (see Chapter 3). From the author's v! iewpoint, all the above-mentioned issues at least deserve to be publicly debated.
Also, this book discusses the conceptions of “President of the people,” “President of the states,” and “President of an electoral majority in the Electoral College,” introduced in "Extreme Outcomes of US Presidential Elections" [1] and outlined in this book. These three conceptions of the US Presidency can help the reader better understand basic principles underlying the election system.