Cover image for The Supreme Court and Election Law : Judging Equality from Baker v. Carr to Bush v. Gore.
The Supreme Court and Election Law : Judging Equality from Baker v. Carr to Bush v. Gore.
Title:
The Supreme Court and Election Law : Judging Equality from Baker v. Carr to Bush v. Gore.
Author:
Hasen, Richard.
ISBN:
9780814744536
Personal Author:
Edition:
1st ed.
Physical Description:
1 online resource (239 pages)
Contents:
Contents -- Preface -- Acknowledgments -- Introduction: Mighty Platonic Guardians -- 1 The Supreme Court of Political Equality: What are Political Equality Cases? -- 2 Judicial Unmanageability and Political Equality: A Misplaced Focus on "Judicially Manageable" Standards -- 3 Protecting the Core of Political Equality: Core versus Contested Equality Principles -- 4 Deferring to Political Branches on Contested Equality Claims: Who Decides the Validity of Contested Political Equality Measures and Why? -- 5 Equality, Not Structure: The End of Individual Rights? -- Conclusion: Political Equality and a Minimalist Court -- Appendix 1: Twentieth-Century Election Law Cases Decided by the Supreme Court in a Written Opinion -- Appendix 2: Justice Goldberg's Proposed Dissent to a Per Curiam Summary Affirmance in Harper v. Virginia State Board of Elect -- Notes -- Index -- About the Author.
Abstract:
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.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
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