There are a variety of ways to access the United States Constitution using both free and subscription resources. Below is a selected list.

Fee-based Resources

Lexis+ Access to Lexis+ requires a subscription. Researchers must use their own login credentials to access legal content.
Westlaw Precision Access to Westlaw Precision requires a subscription. Researchers must use their own login credentials to access legal content.
HeinOnline Access to HeinOnline requires a subscription. Researchers must use their own login credentials to access content.

Free Resources

National Archives- The National Archives and Records Administration (NARA) is the nation's record keeper. Of all documents and materials created in the course of business conducted by the United States federal government, only 1%-3% are so important for legal or historical reasons that they are kept by us forever. The linked text is a transcription of the Constitution as it was inscribed by Jacob Shallus on parchment (the document on display in the Rotunda at the National Archives Museum.) The spelling and punctuation reflect the original.
Constitution Annotated The Constitution of the United States of America: Analysis and Interpretation ("Constitution Annotated" or "CONAN") provides a legal analysis and interpretation of the United States Constitution based on a comprehensive review of Supreme Court case law and, where relevant, historical practices that have defined the text of the Constitution.

Below are a selection of Constitution amendments from CONAN about voting and voting rights to begin your research.

U.S. Constitution, Amendment XV § 1 - the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
U.S. Constitution, Amendment XIX -The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
U.S. Constitution, Amendment XXIV § 1 The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.
U.S. Constitution, Amendment XXVI § 1 The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

The United States government provides a variety of free websites to access official government documents. Below are a few selected websites where government documents can be accessed. While this list is not exhaustive, it provides a place to begin researching election and election law.

The National Archives The National Archives and Records Administration (NARA) is the nation's record keeper. Of all documents and materials created in the course of business conducted by the United States federal government, only 1%-3% are so important for legal or historical reasons that they are kept by us forever.

Federal Elections Commission The Federal Election Commission (FEC) is the independent regulatory agency charged with administering and enforcing the federal campaign finance law. The FEC has jurisdiction over the financing of campaigns for the U.S. House, Senate, Presidency and the Vice Presidency.

Govinfo.gov GovInfo is a service of the United States Government Publishing Office (GPO) which is a Federal agency in the legislative branch. GovInfo provides free public access to official publications from all three branches of the Federal Government.

Voters Rights Act of 1965 "The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting"

National Voters Registration Act 1993 "Congress enacted the National Voter Registration Act of 1993 (also known as the "NVRA" and the "Motor Voter Act"), to enhance voting opportunities for every American. The Act has made it easier for all Americans to register to vote and to maintain their registration. The NVRA allows the Department of Justice to bring civil actions in federal court to enforce its requirements. The Act also gives the responsibility to the Federal Election Commission (FEC) to provide States with guidance on the Act, to develop a national mail voter registration form, and to compile reports on the effectiveness of the Act. An amendment in the Help America Vote Act of 2002 transferred the FEC's responsibilities under the Act to the Election Assistance Commission."

Help America Vote Act of 2002 "The Help America Vote Act (HAVA) is an item of United States federal election law signed in to law on October 29, 2002 by President Bush. Under HAVA, a new federal voter registration form was created. HAVA guarantees the ability of individuals to cast a provisional ballot and have the validity of their registration checked later if they do not appear on voter registration rolls."

American Disability Act "The ADA requires state and local governments and their election officials to ensure that people with disabilities have a full and equal opportunity to vote in all elections. This includes federal, state, and local elections. And it includes all parts of voting, like voter registration, selecting a location for polling places, and voting, whether on election day or during an early or absentee voting process."

Visit the NCCU Law Library Catalog for more titles.

Suggested search terms:

Elections
Electoral College
Voting

Understanding the Fundamentals of the U. S. Presidential Election System by Alexander S. Belenky
Call Number: KF4886.B45 2012

ISBN: 9783642238185

Publication Date: 2012-04-26

NCCU Law Library
This is the first book on the U.S. presidential election system to analyze the basic principles underlying the design of the existing system and those at the heart of competing proposals for improving the system. The book discusses how the use of some election rules embedded in the U.S. Constitution and in the Presidential Succession Act may cause skewed or weird election outcomes and election stalemates. The book argues that the act may not cover some rare though possible situations which the Twentieth Amendment authorizes Congress to address. Also, the book questions the constitutionality of the National Popular Vote Plan to introduce a direct popular presidential election de facto, without amending the Constitution, and addresses the plan's "Achilles' Heel." In particular, the book shows that the plan may violate the Equal Protection Clause from the Fourteenth Amendment of the Constitution. Numerical examples are provided to show that the counterintuitive claims of the NPV originators and proponents that the plan will encourage presidential candidates to "chase" every vote in every state do not have any grounds. Finally, the book proposes a plan for improving the election system by combining at the national level the "one state, one vote" principle - embedded in the Constitution - and the "one person, one vote" principle. Under this plan no state loses its current Electoral College benefits while all the states gain more attention of presidential candidates.
Forge of Union, Anvil of Liberty by Jeffrey St. John; Warren E. Burger (Foreword by)
Call Number: E303.S79 1992

ISBN: 9780915463626

Publication Date: 1992-07-01

NCCU Law Library
"One of the most important news stories of the last two centuries comes to life in this "eyewitness account" of America's first Federal elections and of the First Congress and President Washington creating the Bill of Rights. In this swift-moving and colorful chronicle, written by St. John as though he were an on-the-scene reporter, you will discover how Congressman James Madison became in the formative months of the new Republic the power behind Washington in the executive branch--while wheeling and dealing in Congress, and still championing a separation of powers; how Madison had to fight both friend and foe of the Constitution to pass a Federal Bill of Rights in the First Congress; why Washington and Madison saw the future of America in the frontier West and not in Europe; and how Spanish and British intrigues, with the aid of hostile Indian tribes on the American frontier, posed a threat to the survival of the new national government." "Retired Chief Justice of the U.S. Supreme Court Warren E. Burger said, "this book, like the first two of St. John's trilogy, tells an exciting story of our nation's founding, which should engage readers of all ages and backgrounds."" "This book and its predecessors are a captivating history lesson--told like a banner headline news story--for Americans wanting to know the roots of the political freedoms they enjoy today."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
The Documentary History of the First Federal Elections, 1788-1790, Volume I
Call Number: JK171.A1 D6

ISBN: 9780299066901

Publication Date: 1976-06-30

NCCU Law Library
This is the first volume of an ambitious project which, when completed, will offer to the historian of early America the first readily accessible account of the nation's first elections. Volume I documents the first federal elections in South Carolina, Pennsylvania, Massachusetts, and New Hampshire. This book also covers the Constitution, the Confederation Congress, and federal elections, as well as the Confederation Congress and the First Federal Election Ordinance of September 13th, 1788. Included in the three-volume set are hundreds of documents which together illuminate the critical political events of the time and the men who forged them. The documents are both official ones--legislative journals, debates, and laws relating to the elections--and unofficial ones, including material from letters, diaries, newspapers, broadsides, and other sources. The subjects treated include the providing for the elections by the Confederation Congress; public and private commentary prior to the elections; and summaries of official and unofficial actions for each of the thirteen original states. The editors have provided biographical sketches of the candidates for election and sketches of the political events of the time in introductions, headnotes, and editorial notes, in order to place the documents in their historical context. These documents, most of which have been available to scholars only under the most difficult of circumstances, provided the basis for a more complete understanding of the fundamental political acts required to implement the Constitution after its ratification: the election of Representatives, Senators, Electors, and a President--the men who would give shape and meaning to the government created by the Constitution. Scholars and students of early American history, politics, and law will refer to these volumes frequently, in order to gain a fuller comprehension of the men, the events, and the temper of the times that led to the establishment of our early federal government.

What is the Electoral College?

The Electoral College decides who will be elected president and vice president of the United States.

Constitution Annotated The Constitution of the United States of America: Analysis and Interpretation ("Constitution Annotated" or "CONAN") provides a legal analysis and interpretation of the United States Constitution based on a comprehensive review of Supreme Court case law and, where relevant, historical practices that have defined the text of the Constitution.

Below are a selection of Constitution amendments from CONAN about the electoral college to begin your research.

U.S. Constitution art II § 1 Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
U.S. Constitution, Amendment XII The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;--The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice.... The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President to the United States.
U.S. Constitution, Amendment XIV No person shall be... elector of President and Vice President ... who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Electronic Resources

Fee-based Sources

HeinOnline - HeinOnline is a subscription service available through the law school which has access to a variety of material regarding the electoral college. This list is not exhaustive but provides a beginning point to your research.

U.S. Presidential Library Electoral College This links directly to a variety of resources available in the US Presidential Library database regarding the Electoral College.
Law Library Journal - HeinOnline has access to a variety of legal journals which will have articles about the electoral college such as James Beckman, "A Constitutional Anachronism: Why the Electoral College Should Be Abolished or Its Operation Re-Configured", 52 Cumb. L. Rev. (2022)

Free Resources

National Archives - The National Archives and Records Administration (NARA) is the nation's record keeper. Of all documents and materials created in the course of business conducted by the United States federal government, only 1%-3% are so important for legal or historical reasons that they are kept by us forever. The National Archives has keeps a variety of material on the Electoral College. Below are links to a few which might be useful.

USA.gov - Official website of the United State government, USA.gov provides information about a variety of US agencies

Electoral College

NCSL Electoral College Information The National Conference of State Legislatures represents the legislatures in the states, territories and commonwealths of the U.S. Its mission is to advance the effectiveness, independence and integrity of legislatures and to foster interstate cooperation and facilitate the exchange of information among legislatures.

The Electoral College

Books

Visit the NCCU Law Library Catalog for more titles.

Suggested search terms:

Electoral College

Why the Electoral College Is Bad for America by George C. Edwards III
Call Number: JK529.E38 2024

ISBN: 9781009426268

Publication Date: 2023-10-31

NCCU Law Library
The electoral college is the extraordinarily complex mechanism by which Americans choose their president. Is there any justification for such a system, which may elect the candidate who does not receive the most votes? Today, with two of the last five presidential elections having gone to the popular vote loser and the debacle following the 2020 election, the electoral college's flaws are more apparent than ever. In this fourth edition of the definitive book on the electoral college, George Edwards employs rigorous analysis and systemic data to show how the system violates core democratic principles and does not provide the benefits its advocates claim. With a new chapter focusing on the 2020 election, Edwards addresses justifications for the electoral college that were popular among Trump supporters following the 2016 and 2020 elections. Edwards concludes by offering a straightforward approach to selecting the president that maximizes political equality.
Presidential Elections and Majority Rule by Edward B. Foley
Call Number: KF4910.F65 2020

ISBN: 9780190060152

Publication Date: 2020-01-02

NCCU Law Library
The Electoral College that governs America has been with us since 1804, when Thomas Jefferson's supporters redesigned it for his re-election. The Jeffersonians were motivated by the principle of majority rule. Gone were the days when a president would be elected by acclamation, as George Washington had been. Instead, given the emergence of intense two-party competition, the Jeffersonians wanted to make sure that the Electoral College awarded the presidency to the candidate of the majority, rather than minority, party. They also envisioned that a candidate would win by amassing a majority of Electoral College votes secured from states where the candidate's party was in the majority. For most of American history, this system has worked as intended, producing presidents who won Electoral College victories derived from state-based majorities. In the last quarter-century, however, there have been three significant aberrations from the Jeffersonian design: 1992, 2000, and 2016. In each of these years, the Electoral College victory depended on states where the winner received only a minority of votes. In this authoritative history of the American Electoral College system, Edward Foley analyzes the consequences of the unparalleled departure from the Jeffersonians' original intent-and delineates what we can do about it. He explains how states, by simply changing their Electoral College procedures, could restore the original Jeffersonian commitment to majority rule. There are various ways to do this, all of which comply with the Constitution. If only a few states had done so before 2016, the outcome might have been different. Doing so before future elections can prevent another victory that, contrary to the original Jeffersonian intent, a majority of voters did not want.
Electoral College Reform by Gary Bugh (Editor)
Call Number: JK529.E54 2010

ISBN: 9780754677512

Publication Date: 2010-05-28

NCCU Law Library
The United States has not updated the Electoral College system since the Twelfth Amendment was ratified in 1804, despite public opinion polls showing a majority of Americans are in favor of changing or outright abolishing it. So why hasn't the United States reformed this system? Electoral College Reform brings together new essays examining all aspects of this crucial debate, including the reasons for reform, the issues surrounding a constitutional amendment, the effect of the Electoral College on political campaigns and the possibilities for extra-constitutional avenues to change. The authors consider both the Federalists' vision of balanced representation and a more democratic and equality-based ideal. These competing frameworks, perhaps more than any other factor, account for centuries of American indecision on this key issue. By offering an unprecedented and carefully researched analysis of an always controversial subject, this volume explores the potential for changing a system that many contend is long overdue.
Reforming the Electoral Process in America by Brian L. Fife
Call Number: KF4886.F544 2010

ISBN: 9780313372278

Publication Date: 2010-06-16

NCCU Law Library
Calling for increased civic engagement, this book makes a compelling case for reforms that will democratize American elections and provide more power to the people. Quick-fix plans to "restore democracy" are a dime a dozen. Happily, Reforming the Electoral Process in America: Toward More Democracy in the 21st Century offers a more nuanced approach, emphasizing the value of civic engagement in a democratic society. Author Brian L. Fife situates our current plight in the context of the growth of democracy, from the Founding Fathers through the Jackson era, the enfranchisement of blacks after the Civil War, women's suffrage, and the Voting Rights Act of the 1960s. He reflects on the work of the Framers as it pertains to voting and elections, compares voting laws and voter turnout in the various states, and offers an analysis of the impact of money in American elections. Ultimately, Fife proposes a blueprint for reform that includes national same-day voter registration, elimination of punch card and mechanical voting machines, reconsideration of felons' voting rights, regional primaries, and the abolition of the Electoral College.
Taming the Electoral College by Robert. W Bennett
Call Number: KF4911.B46 2006

ISBN: 9780804754095

Publication Date: 2006-04-24

NCCU Law Library
Taming the Electoral College explores poorly understood aspects of the electoral college, including two possibilities in particular that could pose the most serious danger for American democracy. These are, first, determination of the president by "faithless electors" who ignore the popular vote in their states, and, second, choice of the president in the House of Representatives, which is required if no electoral college majority votes in favor of a single candidate. In any given election, neither of these outcomes is likely, but the 2000 election showed that we would do well to take both of them seriously and take action now to prevent them from occurring. Both possibilities could be dealt with by constitutional amendment, but amendment is difficult to achieve, particularly as it bears on the electoral college process. This engaging book instead offers nonconstitutional solutions to the two possibilities, as well as to a variety of other problems that lurk in the shadows of the electoral college process. It also offers a way to work toward popular election of the president without a constitutional amendment.

Visitors, please read the Law Library's Visitors Policy for updated visitor's requirements.

If research assistance is needed, please do not visit the library without receiving confirmation of your appointment from a library staff member.

Election Law: Federal

What is the Electoral College?