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CONTENTS

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RESOLUTIONS

89th Congress, second session:

Page

Senate Joint Resolution 4.

1

Senate Joint Resolution 7.

5

Senate Joint Resolution 11

6

Senate Joint Resolution 12.

8, 49

Senate Joint Resolution 28.

Senate Joint Resolution 58.

11

Suggested Revision of Senate Joint Resolution 58.

Senate Joint Resolution 62-

Senate Joint Resolution 138.

Senate Joint Resolution 139.

16, 40

90th Congress, first session:

Senate Joint Resolution 2.

246

Senator Dirksen's Amendment to Senate Joint Resolution 2.

247

Senate Joint Resolution 3.

248

Senate Joint Resolution 6.

250

Senate Joint Resolution 7-

254

Senate Joint Resolution 12

255

Senate Joint Resolution 15.

256

Senate Joint Resolution 21.

257

Senate Joint Resolution 25-

259

Senate Joint Resolution 55.

260

Senate Joint Resolution 83.

262

Senate Joint Resolution 84.

262

Senate Joint Resolution 86..

263

Statements of witnesses before the subcommittee:
Alexander, Herbert, director, Citizens Research Foundation...

561
Bandstra, Hon. Bert, a U.S. Representative in Congress from the
Fourth Congressional District of the State of Florida.

127
Banzhaf, John F., III, attorney at law, New York, N.Y.

518

Bayh, Hon. Birch E., a U.S. Senator from the State of Indiana, chair-

man of the Subcommittee on Constitutional Amendments.. 18, 245

Birkett, Eastman, chairman, Committee on Federal Legislation of the

Association of the Bar of the City of New York.

556

Bottler, Edgar 0., attorney at law, Greenwich, Conn..

191

Bullen, George S., legislative director, National Federation of Inde-
pendent Business

286

David, Paul, professor of government and foreign affairs, University

of Virginia --

474

Davis, Clarence A., attorney at law, Lincoln, Nebr..

647

Derge, David R., associate dean of the faculty, Indiana University -- 629

Dixon, Robert G., Jr., professor of law, the George Washington

University Law School.

508

Dodd, Hon. Thomas J., a U.S. Senator from the State of Connecticut. 186

Feerick, John D., of New York, adviser to the American Bar Associa-

tion Commission on Electoral College Reform ---

319

Freund, Paul A., Harvard Law School, and a member of the American

Bar Association Commission on Electoral College Reform.

368

Gossett, Ed, former Member, U.S. House of Representatives, of
Dallas, Tex...

221

Graham, Harry L., legislative representative, National Grange..

459

Hicks, W. B., Jr., executive secretary for the Liberty Lobby

340

Holland, Hon. Spessard L., a U.S. Senator from the State of Florida. 28, 435

Hunt, K. L., chairman, Southwest Committee on Reform of the

Electoral College System ---

291

Statements of witnesses before the subcommittee Continued

Kallenbach, Joseph, professor, political science department, University Page of Michigan...

382 Katzenbach, Hon. Nicholas DeB., Attorney General of the United States...

151 Kennedy, Hon. Edward M., a U.S. Senator from the State of Massachusetts.

173 Kennedy, Hon. Robert F., a U.S. Senator from the State of New York..

179 Kirby, James C., Jr., professor of law, Northwestern University, Chicago.

322 Kofmehl, Kenneth, professor of political science, Purdue University - 499 LeBlanc, Dr. Hugh L., professor of political science, George Washington University -

622 Long, Hon. Edward V., a U.S. Senator from the State of Missouri.. 667 Mansfield, Hon. Mike, a U.S. Senator from the State of Montana. 26.5 Marden, Orison S., president, American Bar Association.

314 Miner, Miss Ruth, associate professor, Wisconsin State University, Whitewater..

602 Mitchell, Clarence, secretary, National Association for the Advancement of Colored People

427 Morton, Hon. Thruston B., a U.S. Senator from the State of Kentucky

96, 613 Mundt, Hon. Karl E., a U.S. Senator from the State of South Dakota.

48, 671 Pearson, Hon. James B., a V.S. Senator from the State of Kansas.

361 Peirce, Neal R., political editor, The Congressional Quarterly

227 Piccard, Dr. Paul J., professor, department of government, Florida State University

590 Rankin, Dr. Robert S., political science department, Duke University

639 Rousch, Hon. J. Edward, a Representative in Congress from the Fifth Congressional District of the State of Indiana..

364 Saltonstall, Hon. Leverett, a U.S. Senator from the State of Massachusetts.

117 Scammon, Richard M., Elections Research Center, Washington, D.C. 579 Schlossberg, Stephen I., general counsel, United Auto Workers Union. 677 Scott, Donald H., manager of civic affairs, American Cyanamid Co. (on behalf of the U.S. Chamber of Commerce)..

188, 355 Scott, Hon. Hugh D., a U.S. Senator from the State of Pennsylvania..

111 Smathers, Hon. George A., a U.S. Senator from the State of Florida.. 266 Smith, Hon. Margaret Chase, a U.S. Senator from the State of Maine- 79 Sparkman, Hon. John, A C.S. Senator from the State of Alabama... 71 Stokes, Dr. Donald E., department of political science, University of Michigan..

569 Storey, Dean Robert G., of Dallas, Tex., chairman of the American Bar Association Commission on Electoral College Reform.

316 Thurmond, Hon. Strom, a U.S. Senator from the State of South Carolina...

100 Williams, J. Harvie, secretary, American Good Government Society - 273 Wilmerding, Lucius, Jr., a representative on behalf of the Chamber of Commerce of the l'nited States.

201, 468 Statements for the record: Albaugh, William A., Washington, D.C..

686 Barton, Hon. John J., mayor of the city of Indianapolis, Ind.

687 Bennett, Hon. Charles E., a U.S. Representative in Congress from the Third Congressional District of the State of Florida

467 Bible, Hon. Alan, a U.S. Senator from the State of Nevada.

466 Bickel, Dr. Alexander, professor of law, Yale University

543 Branigin, Hon. Roger D., Governor of the State of Indiana.

686 Brown, Hon. Edmund G., former Governor of the State of California. 687 Brown, Leonard S., member, District of Columbia Young Democratic Clubs and District of Columbia Political Science Association..

687 Burdick, Hon. Quentin N., a C.S. Senator from the State of North Dakota

688 Busch, Mrs. Ernestine G., El Paso, Tex.

689 Case, Hon. Clifford, a C.$. Senator from the State of New Jersey

94 Coit, Dr. Margaret L., associate professor of history, Fairleigh Dickinson L'niversity

691 Statements for the record_Continued

Ervin, Hon. Sam J., Jr., a U.S. Senator from the State of North Caro- Page lina..

26, 456 Hoff, Hon. Philip H., Governor of the State of Vermont.

691 Hruska, Hon. Roman L., a U.S. Senator from the State of Nebraska..

24 Jackson, Robert C., executive vice president, American Textile Mamufacturers Institute, Inc.

692 Johnson, Donald Bruce, professor of political science, l'niversity of Iowa..

693 Johnson, Norman W., associate professor of mathematics, Wheaton College, Norton, Mass.

693 Keeffe, Arthur John, chairman, Constitutional Law Committee, Federal Bar Association..

698 Kenrick, Mari, South Yarmouth, Mass..

698 McBride, Edward J., assistant professor of political science, Saint Francis College, Loretto, Pa.

700 Meliee, Hon. Gale, a U.S. Senator from the State of Wyoming

93 Mckeldin, Hon. Theodore R., mayor of the city of Baltimore, Md. 703 Monticello Business and Professional Women's Club, Monticello, Ind. 433 Montoya, Hon. Joseph, a U.S. Senator from the State of New Mexico. 93 Natapoff , Dr. Alan, Cambridge, Mass.

703 National Association of Manufacturers.

706 Pearce, Mrs. E. D., president, General Federation of Women's Clubs. 710 Shipley, Carl L., chairman, District of Columbia Republican Committee.

710 Smith, Stephen E., attorney at law, New York, NY..

711 Stennis, Hon. John, a U.S. Senator from the State ot Mississippi

75 Tavlor, Tyre, general counsel, Southern States Industrial Council. 712 Wallace, Hon. Lurleen B., Governor of the State of Alabama.

711 Yorty, Hon. Sam, mayor of the city of Los Angeles, Calif.

712 Appendix: State of Delaware v. State of New Yor), et al...

807 Electing the President: A Report of the Commission on Electoral College Reform of the American Bar Association.

715 “Election Contests and the Electoral Vote,” L. Kinvin Wroth, Dickinson Law Review, June 1961.

774 Katzenbach, Attorney General, et al. v. Morgan, eytux.

794 "One Man, 3.312 Votes: A Mathematical Analysis of the

Electoral College,” John F. Banzhaf III, Villanova Law
Review, volume 13, winter 1968.

905

ELECTION OF THE PRESIDENT

MONDAY, FEBRUARY 28, 1966

U.S. SENATE,
SUBCOMMITTEE ON CONSTITUTIONAL AMENDMENTS
OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met, pursuant to recess, at 10:10 a.m., in room G-308, New Senate Office Building, Senator Bayh presiding.

Present: Senators Bayh, Hruska, and Tydings.
Senator Bayh. The subcommittee will please come to order.

Before proceeding with the remarks of the subcommittee, I think it would be appropriate to start this first subcommittee meeting of the new year with a restatement of one or two of the ground rules under which we have tried to operate.

Because of the importance of the matter before us, we have received inquiries from many organizations and individuals interested in having their views expressed. While we should like to allow everyone who wishes to express his views to do so before this subcommittee, past experience has indicated that this is not always possible. Therefore, if it develops that it is impossible to hear everyone requesting an appearance before this subcommittee, we shall permit the submission of written statements for the record.

If there is no objection from my colleague from Nebraska, we will pursue this policy.

Senator HRUSKA. It is prefectly agreeable, Mr. Chairman.

Senator BAYH. I would like to recognize the presence of my distinguished colleage from Nebraska and thank him once again for the great cooperation that he has given our subcommittee by his attendance and able examination of the witnesses. Before proceeding further, I think it would be wise to ask that the record of the hearings include a text of the resolutions which are before us, Resolutions 4, 7, 11, 12, 28,58, Revised 58, 62, 138, and 139.

(The material referred to follows:)

(S.J. Res. 4, 89th Cong., first sess.) JOINT RESOLUTION Proposing an amendment to the Constitution of the United States

providing for nomination of candidates for President and Vice President, and for election of such candidates by popular vote

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid for all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States :

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