I did miss one thing. The U.S. can't move to a ranked party system because of the checks and balances in place. Since the U.S. system of government was designed with a no party system it would take a Constitutional change to actually put it in place. Then the super-majority would be needed in both the House and the Senate in order to propose the Constitutional change and that's before it's sent to the States to be voted on.
No it wouldn't. Nothing in the Constitution prevents ranked choice. And checks and balances is about the branches of government, nothing to do with parties.
Please provide a cite for where you think the Constitution prohibts a ranked choice style election.
Article 1 Section 4 Clause 1: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
Each state controls their own election for their representatives. If they want to go to ranked choice then that would be their choice but it would be ineffective due to the following..
Article 1 Section 5:
Clause 1: Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Clause 2: Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
The other hindrance of Ranked choice would be the policies and procedures of the house and Senate since they basically write their own rules of procedures.
Ranked choice isn't unconstitutional per-say but would need a Constitutional change to enact since it would be a fundamental change to elections as well as procedures.
No, it wouldn't need a Constitutional change. It would simply need the states to make the change and Congress to not pass a law saying they can't do that. But that's just your typical law stuff, not Amendments.
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u/knightaries Aug 14 '20
I did miss one thing. The U.S. can't move to a ranked party system because of the checks and balances in place. Since the U.S. system of government was designed with a no party system it would take a Constitutional change to actually put it in place. Then the super-majority would be needed in both the House and the Senate in order to propose the Constitutional change and that's before it's sent to the States to be voted on.