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The Electoral College - Why It Ought to Be Abolished

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The Electoral College - Why It Ought to Be Abolished Fordham Law Review Volume 38 Issue 1 Article 1 1968 The Electoral College - Why It Ought To Be Abolished John D. Feerick Fordham University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation John D. Feerick, The Electoral College - Why It Ought To Be Abolished, 38 Fordham L. Rev. 1 (1969). Available at: https://ir.lawnet.fordham.edu/flr/vol38/iss1/1 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. The Electoral College - Why It Ought To Be Abolished Cover Page Footnote Member, New York Bar. The author served as advisor to the American Bar Association Commission on Electoral Reform and currently is a member of the Special Committee on Electoral College Reform of the American Bar Association. This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol38/iss1/1 FORDHAM LAW REVIEW 1968-69 VOLUME XXXVII @ 1969 by Fordham University Press EDITORIAL BOARD THomAs F. GoDFREY Editor-in-Chief RHODA S. RoTH THomAs J. Sc-,YAnz Articles Editor Articles Editor PAUL K. BIA MICHEAi, V. CORRIGMA PAUL N. Fnmr-.m Case Notes Editor Writing & Research Editor Case Notes Editor KENNEHHELD Ricnrmw Hmscu Comments Editor Comments Editor PH=a M. PERLAR Managing Editor MEMBERS MANUAL A. BERARo DAvm S. HARTSTEI RIcmR B. MARuiN AR HUR L. BuRNs GAm HOuISTER ROERT A. McTAMANEY, JR. jom R. CAmnIO MARK P. KLIsx JOHN MEYLER DAN= M. CARsON MicHAEL LA mERT NEn H. MicxwEnEO ELIZABETH CLANCY STEPHEN R. LASALA MARY JEAN MILDAUER JosEPH A. CLARK III STEWART E. LAvEY FRANK A. Romo HOWARD R. ComN JAME.S P. LAVIN EUoENE J. PORCARO RicHARD DARsKY JoHN C. LEWIS R. J. Scinizma MARK ELLMAN MARTIN L. LiEBmaAN B. M cHAEL TmoPz THOMAS R. FITZGERALD EDWARD M. LINEEN THEODORE A. ULisCTi RICHARD G. FONTANA TimoTHY J. MAumowsxI Pnmw J. W"rKER CARL A. HABEmuScn NommAN YOERO, JR. ANN V. Suix.vA Business Secretary EDITORIAL AND GENERAL OFFICES Lincoln Center, 140 West 62nd Street, New York, N.Y. 10023 Published four times a year-October, December, March, and May. Member, National Conference of Law Reviews. Printed by the Heffernan Press Inc., Worcester, Massachusetts. Second class postage paid at Worcester, Mass. SuBscumxoN PRicE $7.50, SnOLE Issux $2.50. Make checks payable to FoRDmHA LAW REvIEw. Subscription renewed automatically unless notified to contrary. TABLE OF LEADING _ARTICLES-TITLES Anes 3w MEETIG LEGAL ExPENSE.S. Barlow F. Christensen ........................ 383 AssiozN rrs FOR SEcURiTy AND FEDERAL T&X LmEs. John J. Creedon ............ 535 Coim mcis SuccEss As EvmmzcE OF PA=TABUrr.i. Spencer H. Boyer .......... 573 THE ELcToRAL COLLEGE-WHY sr OUGHT TO BE Asor.Lxs=D. John D. Feerick ...... 1 EQUiTABLE PREcLusIo-v OF jUsaDIcrIOwAL. ATrACxs on Vom Dvoncns. Earl Phillips 355 I BY R 1, 2, 3, 5, 7 - - - . Robert A. Kessler .................................... 81 NTio- ovER TmsS: Ax EXPo-RATon OF UCC 2-207 AND NEw SEro: 60, RE- STATE-T OF CONTRACTs. John E. Murray, Jr............................... 317 INTERPRE G ARTICLE 11 OF THE OUTER SPACE TREATY. Stephen Gorove .......... 349 LEGAL PROBims OF ALCOHOLISM. L. S. Tao .................................... 405 MARRIGE: A "BAsIC CrVL RIGHT oF MfAN." Henry H. Foster, Jr................. S1 OIL Po=T.-oN OF T OCEAws. Joseph C. Sweeney .............................. 155 THE REESOLUTION OF REPRESENTATION STATUS DISPUTES UNDER THE TAYLOR LW. Joseph R. Crowley ....................................................... 517 UNioEm, UIN'oRIS AND UNTARY LAws REGULATING CoNsULME CREDIT. Carl Feisen- feld ...................................................................... 209 TABLE OF LEADING ARTICLES-AUTHORS BOYER, SPENcER H., Commercial Success as Evidence of Patentability .............. 573 CHRISTENSEN, BARUOW F., Aids in Meeting Legal Expenses ....................... 383 CREEDoN, Jom J., Assignments for Security and Federal Tax Liens ............... 535 CROWlEY, JosEPH R., The Resolution of Representation Status Disputes Under the Taylor Law .............................................................. 517 FEmcx, JoHN D., The Electoral College-Why it Ought to be Abolished .......... 1 F.smqFELD, CARL, Uniform, Uniformed and Unitary Laws Regulating Consumer Credit 209 FOSTER, HENRY H., JR., Marriage: "A Basic Civil Right of Man" .................. 51 GoRovE, STEPHEN, Interpreting Article 11 of the Outer Space Treaty ............... 349 KESSLER, ROBERT A., I by R 1, 2, 3, 5, 7 . .................................. 81 MnEmy, Jonw E., JR., Intention over Terms: An Exploration of UCC 2-207 and New Section 60, Restatement of Contracts ....................................... 317 PHI=Is, EARL, Equitable Preclusion of JurisdictionalAttacks on Void Divorces .... 355 SWEENEY, JosEPH C., Oil Pollution of the Oceans ................................ 155 TAO, L. S., Legal Problems of Alcoholism ....................................... 405 TABLE OF BOOKS REVIEWED ANDERSON: AERICAN LAW OF ZONING: ZONMG, PLNNING, SUBDIVISION CON-MOL. Roger A. Cunningham ..................................................... 679 BARXUN: LAw WrrooUT SANcrIoxs: ORmE IN PRnnrr SOCIETIs AND TIME WORLD Coixnxun=rY. Joseph G. Cook .............................................. 137 1if iv FORDEAM LAW REVIEW [Vol. 37 Cox: T[E WARE CouRT. Albert M. Witte ..................................... 140 HENXIN: How NATIONS BEHAVE: LAw AND FOREIGN POLICY. Sidney B. Jacoby ...... 698 JAMES: CRISIS IN THE CoURTS. Thomas F. McCoy .............................. 501 KATz: THE RELEVANCE OF INTERNATIONAL ADJUDICATION. Albert H. Garrelson ...... 696 LEVY: ORIGINs OF THE FIFTH AMENDMENT: THE RIGHT AGAINST SELF-INCRIMINATION. Roger Paul Peters ........................................................ 688 LEVY: ORIGINS OF THE FITH AMENDMENT: THE RIGHT AGAINST SELF-INCRMNATION. Arthur E. Sutherland ...................................................... 691 LEVY: ORIGINS OF THE F= AMENDMENT: THE RIGHT AGAINST SELF-INCRIMINATION. Samuel S. W ilson ......................................................... 694 PACKER: THE LIMITS Or THE CP.IMNAL SANCTION. Charles M. Whelan ............ 702 SCHLESINGER: FORMATION OF CONTRACTS: A STUDY Or THE COMMON CORE O LEGAL SYSTEMS. Joseph M . Perillo ................................................ 144 WELLINGTON: LABOR AND TI LEGAL PROCESS. Samuel M. Kaynard ................ 502 COMMENTS BYSTANDER RECOVERY FOR MENTAL DISTRESS .................................... 429 CATV-THE CONTINUING COPYRIGHT CONTROVERSY .............................. 597 DISCHARGE IN BANKRUPTCY AND SELF-INCRIMINATION ............................ 450 DUE PROCESS AND THE RIGHT TO A PRIOR HEARING IN WELFARE CASES ............ 604 EMGILITY oF GRADUATE STUDENTS FOR STUDENT AND FATHERHOOD DEFERMENTS .... 617 HOM oSEXAS IN THE MILITARY ................................................ 465 "HOT CARGO" CLAUSES IN CONSTRUCTION INDUSTRY LABOR CONTRACTS .............. 99 PRSDENTIAL AUTHORITY TO ALTER TAX RATES .................................. 631 THE PROPERTY RIGHTS OF DISAFFIIjATING LOCAL UNIONS IN THE LIGHT OF PUBLIC POLICY ................................................................... 252 THE REL.AIIITY OP CARD CHECKS IN ESTABLISHING COLLECTIVE BARGAINING REP- RESENTATm STATUS ....................................................... 648 SALE oF GOODS IN SERVICE-PREDOMINATED TRANSACTIONS .......................... 115 THE SALES STATUTE OF LIMITATIONS IN THE UNIFORM COMMERCIAL CODE-DoEs IT PRECLUDE PROSPECTIVE IMPLIED WARRANTIES? .............................. 247 19691 INDEX TO VOLUME XXXVII INDEX DIGEST ADMINISTRATIVE LAW -A Case Against Uniformity 231 CAB-Presidentially Approved Board Or- -Principles of the CCPA and UCCC 236 ders Held Reviewable (Case Note) 267 CAPITAL PUNISHMENT FCC-Personal Attack Rules Unconstitu- tional as Violative of First Amend- See Criminal Procedure ment (Case Note) 271 CONSTITUTIONAL LAW ALCOHOLISM See also Self-Incrimination Legal Problems of Alcoholism 405 Equal Protection Clause--Public Re- -The Foundation of Responsibility 406 quired to Pay Publication Costs for -- Strict Liability for Public Intoxica- Poor Litigant in Divorce Action (Case tion 408 Note) 661 -Determination of Criminal Responsi- Establishment Clause of the First Amend- bility 411 ment-Free Textbook Loans to Pupils -The Relevance of Psychiatry 416 in Private Schools Held Constitutional -Differences in Perspectives 420 (Case Note) 123 -Civil Committment 422 CONSTRUCTION INDUSTRY ASSIGNMENTS See Labor Contracts See Taxation CONTRACTS See also Labor Contracts; Sales; Uni- BANKRUPTCY form Commercial Code Discharge in Bankruptcy and Self-In- Formation of Contracts: A Study of crimination (Comment) 450 the Common Core of Legal Systems -Bankruptcy Legislation 450 (Vols. 1 and 2) (Book Review) 144 -Self-Incrimination: Past and Purposes IByR 1,2,3,5,7 • - • 81 454 -The Necessity for Ideal Forms 82 -The Relation of Self-Incrimination to -Necessity for Statutory Authorization Bankruptcy 457 85 -Ideal Modalities Incorporated by Ref- CIVIL RIGHTS erence 88 -The Private Housing-Civil Rights Act of Corporate Trust Indenture Pro- 1866 Held to Prohibit Discrimination ject 90 in Sales and Rentals (Case Note) 277 -Towards Development of the New Sta- tutory Modalities Public Accommodations-Coverage Pro- 93 visions of Title H, Civil Rights Act of -Objections
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