LAW WISE    

Published by the Kansas Bar Foundation
Editor: Gayle B. Larkin, Attorney at Law, Lawrence
Coordinators: Ron Keefover, Kansas Supreme Court and Art Thompson, Kansas Bar Foundation
  March 2000

Greetings from the Kansas Supreme Court and the Kansas Bar Association. In honor of President’s Day and because this is a presidential election year, the theme of this edition of Law Wise is Electing a President. If there are any law-related topics that you would like to see included in a future edition of Law Wise, please feel free to contact Gayle B. Larkin, Editor.

In this issue:


voting.jpg Who Elects the President?

The Electoral College was devised by the founding fathers as a compromise between the election of a President by popular vote and by the Congress. The College currently consists of 538 electors -- based on the total number of Representatives and Senators, plus three District of Columbia electors. A majority of 270 electoral votes is required to elect the President and Vice President.

In most States, the electors are appointed by state-wide popular election on the day of the general election. The slate of electors for the candidate who receives the most popular votes is appointed. The United States Constitution forbids a Senator, Representative, or person holding an office of trust or profit under the United States from being appointed as an elector. The electors meet in each state on the first Monday after the second Wednesday in December (December 18, 2000).

No constitutional provision or Federal law requires electors to vote in accordance with the popular vote in their State. In the 1976 election, a Washington elector pledged to President Gerald Ford voted for Ronald Reagan. In the 1988 election, a West Virginia elector voted for Senator Lloyd Bentsen as President and for Governor Michael Dukakis as Vice President. But some state laws require electors to cast their votes according to the popular vote and provide that so-called "faithless electors" may be subject to fines or may be disqualified for casting an invalid vote and be replaced by a substitute elector.

The electors prepare the Certificates of Vote and annex a Certificate of Ascertainment. Each Certificate of Vote lists all persons voted for as President and the number of electors voting for each person and separately lists all persons voted for as Vice President and the number of electors voting for each person.

If no presidential candidate wins a majority of electoral votes, the 12th Amendment to the Constitution provides for the presidential election to be decided by the House of Representatives. The House would select the President by majority vote, choosing from the three candidates who received the greatest number of electoral votes. The vote would be taken by State, with each State delegation having one vote. If no Vice Presidential candidate wins a majority of electoral votes, the Senate would select the Vice President by majority vote, with each Senator choosing from the two candidates who received the greatest number of electoral votes.

The source of the information for this article is the National Archives and Records Administration of the Office of the Federal Register. For more information, see http://www.nara.gov/fedreg/ec-hmpge.html


Presidential Election Glitches

The 1888 Presidential election was very close. Democratic party candidate President Grover Cleveland and running mate Allen G. Thurman of Ohio won the popular election by 95,713 votes. President Cleveland, however, was not re-elected because he lost the electoral college vote by 65 votes. Instead Benjamin Harrison, former senator from Indiana and the Grandson of President William Henry Harrison, was elected as the 23rd President of the United States.

Today a President must win 270 electoral votes, a majority, to become President. If no candidate wins a majority of electoral votes, the 12th Amendment to the Constitution provides for Presidential election by the House of Representatives with each state delegation receiving one vote. Twice in our history, the House of Representatives has chosen the President -- Thomas Jefferson's election in 1801 and John Quincy Adam's election in 1825. The first constitutional crisis occurred when Thomas Jefferson and Aaron Burr received the same number of electoral votes. Even though they were both Republicans and Jefferson was chosen as the Presidential candidate and Burr as the Vice Presidential candidate, it took the House of Representatives 36 successive ballots to finally elect Thomas Jefferson as President. Twenty-four years later, again no candidate received a 131 vote majority of electoral votes needed to become President. In this case, the House of Representatives voted for John Quincy Adams over Andrew Jackson and William H. Crawford on the first ballot.

These instances in our political history remind us of the important role that the Electoral College plays in electing a President.

The source of the information for this article is the National Archives and Records Administration of the Office of the Federal Register. For more information, see http://www.nara.gov/fedreg/ec-hmpge.html
 


The Electoral College     flag

Currently, there are a total of 538 electors. A majority, or 270 votes are needed to become the President of the United States. The 538 electors are divided between the states and the District of Columbia as follows:
Alabama - 9
Alaska - 3
Arizona - 8
Arkansas - 6
California - 54
Colorado - 8
Connecticut - 8
Delaware - 3
District of Columbia - 3
Florida - 25
Georgia - 13
Hawaii - 4
Idaho - 4
Illinois - 22
Indiana - 12
Iowa - 7
Kansas - 6
Kentucky - 8
Louisiana - 9
Maine - 4
Maryland - 10
Massachusetts - 12
Michigan - 18
Minnesota - 10
Mississippi - 7
Missouri - 11
Montana - 3
Nebraska - 5
Nevada - 4
New York - 33
New Mexico - 5
New Hampshire - 4
New Jersey - 15
North Carolina - 14
North Dakota - 3
Ohio - 21
Oklahoma - 8
Oregon - 7
Pennsylvania - 23
Rhode Island - 4
South Dakota - 3
South Carolina - 8
Tennessee - 11
Texas - 32
Utah - 5
Vermont - 3
Virginia - 13
Washington - 11
West Virginia - 5
Wisconsin - 11
Wyoming - 3

The 1996 Election
In the 1996 Presidential Election, the 538 electors cast 379 (70.4%) votes for Bill Clinton and Al Gore, and 159 (29.6%) votes for Bob Dole and Jack Kemp. In Kansas, the electors (Timothy Golba, Michael Harris, Betty Hanicke, Marynell Reece, Marjorie Robards, and John Watkins) cast their votes for Bob Dole and Jack Kemp. Clinton/Gore received 45,590,703 popular votes, while Dole/Kemp captured 37,816,307 popular votes. Reform party candidate, Ross Perot, received nearly 8 million votes.

The 1992 Election
In 1992, the Clinton/Gore camp received 370 (68.8%) electoral votes, while the Bush/Quayle team received only 168 (31.2%) electoral votes. The 1992 Kansas electors (Shari Caywood, James Bolden, Bruce Mayfield, Carlos Mayans, Charles Rayl, and Adolph Howard) cast their six (6) votes cast for George Bush and Dan Quayle. The popular vote was a much closer race, with Clinton/Gore receiving 44,908,254 and Bush/Quayle receiving 39,102,343. Additionally, Ross Perot received nearly 20 million votes.

Presidential Election Constitutional Provisions
If you would like to read about the constitutional provisions on Electing a President, see . . .

  • United States Constitution, Article II. Section 1.
  • Twelfth Amendment to the United States Constitution.
  • Fourteenth Amendment to the United States Constitution.
  • Fifteenth Amendment to the United States Constitution.
  • Nineteenth Amendment to the United States Constitution.
  • Twentieth Amendment to the United States Constitution.
  • Twenty-Second Amendment to the United States Constitution.
  • Twenty-Third Amendment to the United States Constitution.
  • Twenty-Fourth Amendment to the United States Constitution.
  • Twenty-Fifth Amendment to the United States Constitution.
  • Twenty-Sixth Amendment to the United States Constitution.



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The ABA has a free newsletter that contains information on law related education. Law Matters, which reports on developments, ideas, programs, and resources in the field of public education about the law, is published three times each year (winter, summer, fall). For information on ordering, contact the ABA at (312) 988-5735 or abapubed@abanet.org.
 


Resources at the Law-Related Education Inventory

The Law-Related Education Inventory has the following items which might be useful in teaching your students about Electing a President:
  1. “The Presidency” is a videocassette designed for high school students that outlines the many roles of the United States President, raising questions suitable for classroom discussion on presidential power. Library number: 353.03/P926.
  2. “The Election of a President” is a filmstrip, appropriate for middle school and high school students, that presents the story of how our system for electing the President has changed and how it works today. Library number: 324.9.EL25.
  3. A set of four posters covering primaries and caucuses, the convention, the campaign, and the election is available and designed for fifth grade through twelfth grade. Each poster has teaching activities for duplication on the back. Library number: 324.6/EL25.
  4. “The Electoral Map” indicates electoral vote results for the presidential elections of 1948 intermittently through 1988. It also allows students to create the electoral map for the 1992 election results. Middle school and high school students might be interested in viewing this poster. Library number: 324/EL25.
  5. Presidential campaign highlights from 1932 to 1988 with photographs and a brief synopsis of particular campaigns is available for middle school and high school students. Library number: 324.973/P92.
The Law-Related Education Inventory has many resources to help teach about law-related topics. To order a catalog call Tara Ward at the Kansas Bar Association, (785) 234-5696. The Kansas Bar Association and the lawyers in your community sponsor the Law-Related Education Inventory. The clearinghouse will mail free copies of law-related posters, games, mock trials, booklets, lesson plans, and other aids. It is open Monday through Thursday, 8:00 a.m. to 7:00 p.m., and Friday, 8:00 a.m. to 5:00 p.m. The director of the Teachers College Resource Center, which houses the Law-Related Education Inventory, Marla Darby, can be reached at
Darbymar@esumail.emporia.edu/


Lesson Plan #1     The Presidential Campaign Game

An AskERIC Lesson Plan
Submitted by: Denton S. Gehr, II
Grade Level: Grades 11-12.

Overview: Many people in the United States have very little knowledge concerning the complexity of campaigning for a political office, especially the complexity for campaigning for the office of President of the United States. Very little is known by the average American citizen about the complex organization needed to help a candidate win the election in a Presidential campaign.

Winning public office is a two-stage process. The first stage is to win the nomination of one of the two major American political parties. Once nominated, the candidate moves to the second step: winning the election to the office itself. Unless the candidate is fortunate enough to run unopposed, the election must be won through an electoral campaign, an organized effort to persuade voters to choose one candidate over others competing for the same office. A full-blown Presidential campaign proceeds through three broad stages: building a base, planning a strategy, and clinching the vote. In building a base, campaign workers must be recruited and sources of funds must be identified. In planning a strategy, a campaign theme must be adopted and can be party-centered, issue-centered, or personality-oriented. In clinching the vote, the candidate must meet the voting groups and counter the opponents arguments. Many factors help shape decisions at these three stages of the campaign, whether the candidate is campaigning to win the nomination or to win the office itself.

Purpose: The purpose of this political game is to give the students experience in working within the political process. The game will also give the students an understanding of the many dimensions of the political process and what is needed to manage a political campaign.

Objectives: Students will be able to:

Identify by name the two major political parties in the United States.
Identify the two major party chairmen.
Identify the symbols of the two political parties.
Identify the political "philosophies" of the two political parties.
Identify the "propaganda" techniques used by both of the parties in campaigning.
Identify the fund raising techniques of the two parties.
Identify and locate the local and state headquarters of the two parties.
Activities: The class will be divided into small groups, and from these groups, candidates will be chosen to run for President of the United States.

The remainder of the group will act as the candidate's campaign committee. Each committee must select a political party name for itself. The name of the party must be one that is made-up by the campaign committee of each candidate. Try to select a party name that will enhance the chances of your candidate winning the election!

After your party caucus, the party names will be presented to the class as a whole, and the name selected as the best, will earn 20 points for the party. One person from each group will be appointed as the evaluator for the group. This person will evaluate the materials and assign points for each of the following campaign items:

a. 20 points: a bumper sticker
b. 20 points: a street sign
c. 20 points: a campaign slogan
d. 20 points: a name for your political party
e. 20 points: a "throwaway" flyer
f. 50 points: five give away items
g. 50 points: a fifteen second radio commercial (television)
h. 20 points: a newspaper ad
i. 50 points: a fund raising social activity
j. 30 points: a secret that will help your candidate win the election
These items will be required of each group and the manufacture and design of these materials are to be agreed upon by each group. These items are to be as realistic as possible! The evaluators will evaluate each group's campaign items and the final point count will be tallied by an independent auditor -- the classroom teacher!

Presidential speeches will be given by each candidate and will be limited to three minutes. This will be the candidates' times to sell their programs and themselves.

The election will take place by secret ballot in the class and a special committee will be selected by the teacher to count the ballots. May the best candidate win!

Tying It All Together: You may want to videotape this game and play it back the final day when the candidates have given their speeches and the vote is in. Many of the students often want to play the game again because they have come up with new ideas and feel that they can win the election if given another chance. The game has also turned many of the students toward becoming involved in "real" campaigns. Many students have joined political parties and have helped candidates at all levels in their campaigns. This game make government "fun" and makes the students realize that they can play a part in the political process!


   Terrific Technology for Teachers


Court of Appeals Welcomes You

The Kansas Court of Appeals, a ten-member, intermediate appellate court sits in three-judge panels throughout the state. Every three weeks, hearings are conducted at four or five locations throughout the state. The Court of Appeals regularly sits in Wichita, Topeka, and Kansas City. Additionally, the court also sits at other locations throughout the state. The court is pleased to have students attend the hearings. In March, 2000, the court will be hearing oral arguments on March 14 and 15, 2000, in Topeka, Wichita, Hutchinson, and Kansas City. Later this spring, the court will be in session on April 11 and 12, 2000, and May 16 and 17, 2000.

The Kansas Supreme Court is the highest court in the state, and includes seven members. Students also are welcome at oral arguments before the Supreme Court. The high court holds its hearings only in Topeka. The Supreme Court will be hearing oral arguments during the weeks beginning March 6, 2000, April 17, 2000, May 30, 2000, September 11, 2000, October 23, 2000, and December 4, 2000. If you have any questions concerning the Kansas appellate courts, or if you would like to bring your class to either the Kansas Supreme Court or the Kansas Court of Appeals, please contact Ron Keefover, Education and Information Officer of the Office of Judicial Administration, 301 West 10th Avenue, Topeka, Kansas 66612-1507, (785) 296-4872. You can also contact Mr. Keefover at via e-mail at keefoverr@kscourts.org.


Law Wise is published by the Kansas Bar Foundation during the school year. Published free, on request, for teachers or anyone interested in law-related education, it is edited by Gayle B. Larkin, Lawrence, (785) 865-3970. For further information about any projects or articles, contact Ron Keefover, Education and Information Officer of the Office of Judicial Administration, Topeka, (785) 296-4872, or Eric Ward, Public Services Director of the Kansas Bar Association, Topeka (785) 234-5696. Law Wise is printed at the Kansas Bar Foundation, 1200 Southwest Harrison, P.O. Box 1037, Topeka, Kansas 66601-1037.