Constitutional Law

The Executive Branch

How are presidents elected?

Presidents are elected by the electoral college, a process that has faced intense scrutiny in recent years, particularly after the disputed 2000 election between George W. Bush and Al Gore. In that election, Gore carried the overall popular vote but lost in the electoral college.

The vote of the electors has become a formality because if a candidate wins the popular vote in a state, then that candidate receives that state’s electoral votes. However, some critics argue that the electoral college system should be discarded. They point to the 2000 election as an example of the unfairness and undemocratic nature of the electoral college system. This has happened only a few times in American history when a candidate wins the popular vote and loses the election.

