According to our Constitution, if neither candidate receives a majority of the electoral votes, the election is decided in the House of Representatives. This has occurred only twice throughout the history of the United States--in 1800 with the election of Jefferson and in 1824 with the election of John Quincy Adams. This lesson asks the question "what if that occurs in the 2000 election?"
One of the Constitutional compromises reached in 1787 dealt with electing the President. The reason we have an electoral college is due to the fact that the small states feared having no say in the presidential election. The deal worked out was that each state would have electors, equal to the amount of Representatives in the House and the number of Senators. This means at minimum each state has three votes, while large states like California have 54 out of 538. The magic number to win the presidential election is 270 votes. If the election must be decided by the House, a new vote is held with each state getting only one vote. The states decide who will receive their final vote based on the decision of the Representatives in their state. If the majority of Representatives choose one candidate, that candidate receives that state's vote.
This lesson assumes that Ralph Nader in a shocking victory manages to win the popular vote in California, Oregon, and Washington. The students will then break up into states and decide the election. Three students in the class will each play Gore, Bush, and Nader. One student will play the role of Speaker of the House. The Speaker controls who gets to speak and when, but must open the floor to everyone.
Procedures
Day One
- Students will read the following "news article" that explains how Nader's victory put the election into the House of Representatives.

- The students break up into 8 different states. The following list of states represents various interests and sizes.
- Alaska 1 student
- California 6 students
- Florida 4 students
- Michigan 2 students
- Missouri 2 students
- New Jersey 3 students
- New York 4 students
- Rhode Island 1 student
- While in their respective states, the students read facts about their states and what issues are important to them. After the groups have had time to discuss their states and where they stand on the issues, the Speaker will call the session to order. He or she will then give 3 minutes of floor time to each candidate who will attempt to persuade the House to make them President. The Speaker will then close the session.
Day Two
The students should divide into states again. Each candidate will go to every group and spend 4 minutes trying to convince the states to vote for them. "Wheeling and dealing" are encouraged and the candidates can "wheel and deal" with each other as well.
Day Three
- The Speaker will open the session and then assign 2 minutes of time to each state to comment.
- Each state will be allowed to question the candidates and make comments on the other states' positions. After every state has talked at least once, the respective states will meet in private and decide whom to vote for.
Conclusion:
This lesson culminates in the Speaker tallying the votes and announcing who is the next President of the United States.