Breaking a Vice-Presidential Deadlock in the Senate

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

You may also like...

3 Responses

  1. Joe says:

    “This meant that if Bryan had won, no vice-presidental candidate would have received a majority in the Electoral College.”

    It would depend on how close the race was. The actual Democratic v.p. split was 149/27 [S/W]. Watson only received 15% of the vote. It is reasonable to think that if Bryan picked up the seats won by Bryan, Watson would have received even less of a percentage given the conservative nature of the remaining field.

    Interestingly, there were splits of the electoral votes in 1896, a few electors even denying unanimous votes to the lead candidates. The election does show a possible quirk of the 12A.

  2. Joe says:

    There’s a silly typo in there where “Bryan” should be “McKinley.”

  3. Brian Kalt says:

    I like how in 1824, when the badly split presidential election was thrown into the House, the VP election was an easy victory for John C. Calhoun (he was the “running mate” of both Adams and Jackson).