The Best Candidate

The way American citizens elect a president in November is enshrined in the Constitution and has remained unchanged for two hundred years. By contrast, the rules by which American political parties nominate their presidential candidates have evolved dramatically over time. In recent years, these byzantine rules have allowed a number of unexpected candidates to win their party's presidential nomination. In The Best Candidate, a roster of leading election law scholars from across the political spectrum - true-blue Democrats, die-hard Republicans, and everyone in between - illuminate the law behind the modern presidential nomination process and offer ideas for how it can be improved. This book offers a blueprint for how American voters and their parties could nominate the best candidate for the presidency, and it should be read by anyone who cares about the occupant of the Oval Office.

Presents a range of ideological perspectives on the mechanics of the nomination system, while providing readers with an informed sense of the options that voters face
Fills a gap in the legal literature by offering the first, comprehensive explanation of the law driving the nomination process in the United States
Helps readers navigate the complex, intricate nature of American election law

Reviews & endorsements

'Essential reading for all who strive to understand the presidential nomination process.' Guy-Uriel E. Charles, Edward and Ellen Schwarzman Professor of Law, Duke Law School

'A definitive collection on a topic of surpassing importance.' Pamela S. Karlan, Kenneth and Harle Montgomery Professor of Public Interest Law, Stanford Law School

'Here, finally, is a book about the law that shapes the road to the White House.' Nicholas O. Stephanopoulos, Professor of Law, Harvard Law School

'Brilliant and wide-ranging, this work is a must read.' Franita Tolson, Professor of Law and Vice Dean for Faculty and Academic Affairs, University of Southern California Gould School of Law

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Product details

Published: September 2020
Format: Hardback
ISBN: 9781108835398
Length: 414 pages
Dimensions: 235 × 160 × 30 mm
Weight: 0.8kg
Availability: Available

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Contents

1. Presidential selection: historical, institutional, and democratic perspectives James A. Gardner
2. The historical development of the U.S. presidential nomination process Richard H. Pildes
3. Constitutional law and the presidential nomination process Richard Briffault
4. Winnowing and endorsing: separating the two distinct functions of party primaries Edward B. Foley
5. Simplying presidential primaries Derek T. Muller
6. The case for standardizing primary voter eligibility rules Michael R. Dimino
7. Primary day: why presidential nominees should be chosen on a single day Eugene D. Mazo
8. A eulogy for caucuses Sean J. Wright
9. Floor fight: protecting the national party conventions from manipulation Michael T. Morley
10. A better financing system? The death and possible rebirth of the presidential nomination public financing program Richard Briffault
11. Campaign finance deregulation and the hyperpolarization of presidential nominations in the super PAC era Michael S. Kang
12. Democratizing the presidential debates Ann M. Ravel and Charlotte Hill
13. The impact of technology on presidential primary campaigns Anthony J. Gaughan
14. Women and the presidency Cynthia Richie Terrell
15. The nomination of presidential candidates by minor political parties Richard Winger
Chapter 16. Reforming the U.S. presidential nominating process: a curmudgeon's view Bradley A. Smit.

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About the authors

Contributors

James A. Gardner; Richard H. Pildes, Richard Briffault, Edward B. Foley, Derek T. Muller, Michael R. Dimino, Eugene D. Mazo, Sean J. Wright, Michael T. Morley, Richard Briffault, Michael S. Kang, Ann M. Ravel and Charlotte Hill, Anthony J. Gaughan, Cynthia Richie Terrell, Richard Winger, Bradley A. Smith

Editors

Eugene D. Mazo , Rutgers University, New Jersey
Eugene D. Mazo is Visiting Associate Professor of Law at Rutgers University and a nationally recognized scholar of election law. He is the co-editor of several books, including Democracy by the People: Reforming Campaign Finance in America (2018) and Election Law Stories (2016). He is the chair of the Section on Election Law at the Association of American Law Schools (AALS), where he also serves on the executive committee of the Section on Constitutional Law. A graduate of Columbia College, Professor Mazo received his master's degree from Harvard University, a doctorate in politics from Oxford University, and his J.D. from Stanford Law School.
Michael R. Dimino , Widener University Commonwealth Law School
Michael R. Dimino is Professor of Law at the Widener University Commonwealth School of Law, where he also specializes in election law. He is the co-author of a major casebook in the field, Voting Rights and Election Law (2015), and of a leading treatise, Understanding Election Law and Voting Rights (2016). In 2011 and 2017, Widener University awarded Dimino its Douglas E. Ray Award for Excellence in Faculty Scholarship. A former Fulbright Scholar, Professor Dimino is a member of the American Law Institute. He received his B.A. from the State University of New York at Buffalo and his J.D. from Harvard Law School.

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