The Constitution, Congress, and Presidential Elections

It has been recommended by a prestigious commission of the American Bar Association and endorsed by the ABA’s House of Delegates. The Bar Association of the City of New York, which had previously recommended a different proposed amendment, has now shifted its support to direct popular vote, as has Senator Birch Bayh, Chairman of the Subcommittee on Constitutional Amendments of the Senate Committee on the Judiciary. A Gallup poll indicates that 66 per cent of the nation supports this amendment, with only 19 per cent opposed.

It must be remembered, however, that a decision to amend the Constitution is, as a practical matter, usually an irreversible step. It is the purpose of this Article to examine the gravity of the evils sought to be eliminated, the possibility that the proposed amendment might give rise to undesirable side effects, and the availability of alternative remedies.