The Supreme Court and Election Law

The Supreme Court and Election Law

Author: Richard Hasen

Publisher: NYU Press

Published: 2006-03

Total Pages: 239

ISBN-13: 0814736912

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In the first comprehensive study of election law since the Supreme Court decided Bush v. Gore, Richard L. Hasen rethinks the Court’s role in regulating elections. Drawing on the case files of the Warren, Burger, and Rehnquist courts, Hasen roots the Court’s intervention in political process cases to the landmark 1962 case, Baker v. Carr. The case opened the courts to a variety of election law disputes, to the point that the courts now control and direct major aspects of the American electoral process. The Supreme Court does have a crucial role to play in protecting a socially constructed “core” of political equality principles, contends Hasen, but it should leave contested questions of political equality to the political process itself. Under this standard, many of the Court’s most important election law cases from Baker to Bush have been wrongly decided.


Election Law and Litigation

Election Law and Litigation

Author: Edward B. Foley

Publisher: Aspen Publishing

Published: 2014-03-14

Total Pages: 1363

ISBN-13: 1454847662

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This casebook offers a student-friendly, practical approach with carefully-designed pedagogical features. Its streamlined approach tracks the chronological order of an election, with significant focus on election administration. Features: Tightly-edited cases Useful notes that help serve as classroom discussion tools Up-to-date with the most recent Supreme Court and lower court decisions, including Shelby County (invalidating part of the Voting Rights Act) and lower court litigation involving the 2012 election


The Constitution of Electoral Speech Law

The Constitution of Electoral Speech Law

Author: Brian K. Pinaire

Publisher: Stanford University Press

Published: 2008-03-20

Total Pages: 448

ISBN-13: 0804779600

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Bush v. Gore brought to the public's attention the significance of election law and the United States Supreme Court's role in structuring the rules that govern how campaigns and elections function in America. In this book, Brian K. Pinaire examines one expanding domain within this larger legal context: freedom of speech in the political process, or, what he terms, electoral speech law. Specifically, Pinaire examines the Court's evolving conceptions of free speech in the electoral process and then traces the consequences of various debates and determinations from the post-World War II era to the present. In his analysis of the broad range of cases from this period, supplemented by four recent case study investigations, Pinaire explores competing visions of electoral expression in the marketplace of ideas, various methods for analyzing speech dilemmas, the multiple influences that shape the justices' notions of both the potential for and privileged status of electoral communication, and the ultimate implications of these Court rulings for American democracy.


The U.S. Supreme Court and the Electoral Process

The U.S. Supreme Court and the Electoral Process

Author: David K. Ryden

Publisher: Georgetown University Press

Published: 2002-09-06

Total Pages: 388

ISBN-13: 9781589014725

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The U.S. Supreme Court—at least until Bush v. Gore—had seemed to float along in an apolitical haze in the mind of the electorate. It was the executive branch and the legislative branch that mucked about in politics getting dirty, the judicial branch kept its robes—and nose—clean. The U.S. Supreme Court and the Electoral Process makes it abundantly clear however that before, during, and after the judicial decision that made George W. Bush the President of the United States, everything was, is, and will likely be, politics-including the decisions handed down by the highest court in the land. This revised and updated edition takes into account not only the recent famous (or infamous, depending on the reader's point of view) judicial decision on the Presidency, but a myriad of others as well in which the U.S. Supreme Court has considered the constitutionality of a wide range of issues involving voting and elections, representation, and political participation. Practitioners and academics in both law and political science examine a number of court actions that directly affect how we choose those who govern us, and how those decisions have affected our electoral politics, constitutional doctrine, and the fundamental concepts of democracy, including: racial redistricting, term limits, political patronage, campaign finance regulations, third-party ballot access, and state ballot initiatives limiting civil liberties. Of the first edition, CHOICE said, The U.S. Supreme Court and the Electoral Process "plumbs the Supreme Court's constitutive apolitical role as 'primary shaper of the electoral system' and reveals the pervasive involvement of the Court in the political process."


Election Law

Election Law

Author: LandMark Publications

Publisher:

Published: 2017-07-02

Total Pages: 542

ISBN-13: 9781521724828

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THIS CASEBOOK contains a selection of U. S. Supreme Court decisions that analyze and discuss issues surrounding election law and the right to vote. This Volume covers cases spanning from 1976 to 2010. Volume I covers cases spanning from 1946 to 1974.The right to vote is protected in more than the initial allocation of the franchise. Equal protection applies as well to the manner of its exercise. Having once granted the right to vote on equal terms, the State may not, by later arbitrary and disparate treatment, value one person's vote over that of another. See, e. g., Harper v. Virginia Bd. of Elections, 383 U. S. 663, 665 (1966) ("[O]nce the franchise is granted to the electorate, lines may not be drawn which are inconsistent with the Equal Protection Clause of the Fourteenth Amendment"). It must be remembered that "the right of suffrage can be denied by a debasement or dilution of the weight of a citizen's vote just as effectively as by wholly prohibiting the free exercise of the franchise." Reynolds v. Sims, 377 U. S. 533, 555 (1964). Bush v. Gore, 531 US 98 (2000).


Election Case Law

Election Case Law

Author:

Publisher:

Published:

Total Pages: 352

ISBN-13:

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"A summary of judicial precedent on election issues other than campaign financing"--Cover.


America Votes!

America Votes!

Author: Benjamin E. Griffith

Publisher: American Bar Association

Published: 2008

Total Pages: 420

ISBN-13: 9781590319727

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This book is a snapshot of America's voting and electoral practices, problems, and most current issues. The book addresses a variety of fundamental areas concerning election law from a federal perspective such as the Help America Vote Act, lessons learned from the 2000 and 2004 presidential elections, voter identification, and demographic and statistical experts in election litigation, and more. It is a useful guide for lawyers as well as law school professors, election officials, state and local government personnel, and election workers.


The Court v. The Voters

The Court v. The Voters

Author: Joshua A. Douglas

Publisher: Beacon Press

Published: 2024-05-14

Total Pages: 242

ISBN-13: 0807010944

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An urgent and gripping look at the erosion of voting rights and its implications for democracy, told through the stories of 9 Supreme Court decisions—and the next looming case In The Court v. The Voters, law professor Joshua Douglas takes us behind the scenes of significant cases in voting rights—some surprising and unknown, some familiar—to investigate the historic crossroads that have irrevocably changed our elections and the nation. In crisp and accessible prose, Douglas tells the story of each case, sheds light on the intractable election problems we face as a result, and highlights the unique role the highest court has played in producing a broken electoral system. Douglas charts infamous cases like: Bush v. Gore, which opened the door to many election law claims Citizens United, which contributed to skewed representation—but perhaps not in the way you might think Shelby County v. Holder, which gutted the vital protections of the Voting Rights Act Crawford v. Marion County Elections Board, which allowed states to enforce voter ID laws and make it harder for people to vote The Court v. The Voters powerfully reminds us of the tangible, real-world effects from the Court’s voting rights decisions. While we can—and should—lament the democracy that might have been, Douglas argues that we can—and should—double down in our efforts to protect the right to vote.