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Author: David K. Ryden
Publisher: Georgetown University Press
ISBN: 9781589014725
Category : Political Science
Languages : en
Pages : 388
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Book Description
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."
Author: David K. Ryden
Publisher: Georgetown University Press
ISBN: 9781589014725
Category : Political Science
Languages : en
Pages : 388
Get Book
Book Description
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."
Author: D. Grier Stephenson
Publisher: Columbia University Press
ISBN: 9780231100359
Category : History
Languages : en
Pages : 388
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Book Description
How the Supreme Court is influenced by national electoral politics, which in turn affects the Court, is the focus of this sweeping study by a leading constitutional scholar. Stephenson demythologizes the Court as an impartial adjudicating institution "above politics."
Author: Richard Pierre Claude
Publisher: Johns Hopkins University Press
ISBN:
Category : Election law
Languages : en
Pages : 328
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Book Description
Author: Brian K. Pinaire
Publisher: Stanford University Press
ISBN: 0804779600
Category : Law
Languages : en
Pages : 438
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Book Description
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.
Author: Richard P. Claude
Publisher:
ISBN: 9780608305257
Category : Election law
Languages : en
Pages : 314
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Book Description
Author: Richard Hasen
Publisher: NYU Press
ISBN: 0814736912
Category : Law
Languages : en
Pages : 239
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Book Description
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.
Author: Chris W. Bonneau
Publisher: Taylor & Francis
ISBN: 0415991323
Category : Political Science
Languages : en
Pages : 181
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Book Description
One of the most contentious issues in politics today is the propriety of electing judges. Ought judges be independent of democratic processes in obtaining and retaining their seats, or should they be subject to the approval of the electorate and the processes that accompany popular control? While this debate is interesting and often quite heated, it usually occurs without reference to empirical facts--or at least accurate ones. Also, empirical scholars to date have refused to take a position on the normative issues surrounding the practice. Bonneau and Hall offer a fresh new approach. Using almost two decades of data on state supreme court elections, Bonneau and Hall argue that opponents of judicial elections have made—and continue to make—erroneous empirical claims. They show that judicial elections are efficacious mechanisms that enhance the quality of democracy and create an inextricable link between citizens and the judiciary. In so doing, they pioneer the use of empirical data to shed light on these normative questions and offer a coherent defense of judicial elections. This provocative book is essential reading for anyone interested in the politics of judicial selection, law and politics, or the electoral process. Part of the Controversies in Electoral Democracy and Representation series edited by Matthew J. Streb.
Author: Dennis F. Thompson
Publisher: University of Chicago Press
ISBN: 9780226797649
Category : Law
Languages : en
Pages : 276
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Book Description
The 2000 election showed that the mechanics of voting such as ballot design, can make a critical difference in the accuracy and fairness of our elections. But as Dennis F. Thompson shows, even more fundamental issues must be addressed to insure that our electoral system is just. Thompson argues that three central democratic principles—equal respect, free choice, and popular sovereignty—underlie our electoral institutions, and should inform any assessment of the justice of elections. Although we may all endorse these principles in theory, Thompson shows that in practice we disagree about their meaning and application. He shows how they create conflicts among basic values across a broad spectrum of electoral controversies, from disagreements about term limits and primaries to disputes about recounts and presidential electors. To create a fair electoral system, Thompson argues, we must deliberate together about these principles and take greater control of the procedures that govern our elections. He demonstrates how applying the principles of justice to electoral practices can help us answer questions that our electoral system poses: Should race count in redistricting? Should the media call elections before the polls close? How should we limit the power of money in elections? Accessible and wide ranging, Just Elections masterfully weaves together the philosophical, legal, and political aspects of the electoral process. Anyone who wants to understand the deeper issues at stake in American elections and the consequences that follow them will need to read it. In answering these and other questions, Thompson examines the arguments that citizens and their representatives actually use in political forums, congressional debates and hearings, state legislative proceedings, and meetings of commissions and local councils. In addition, the book draws on a broad range of literature: democratic theory, including writings by Madison, Hamilton, and Tocqueville, and contemporary philosophers, as well as recent studies in political science, and work in election law.
Author: Nada Mourtada-Sabbah
Publisher: Lexington Books
ISBN: 9780739112830
Category : Law
Languages : en
Pages : 290
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Book Description
Historically, the political question doctrine has held the courts from resolving constitutional issues that are better left to other departments of government, as a way of maintaining the system of checks and balances. However, this book discusses the gradual changes in the parameters of the doctrine, including its current position dealing with increasingly extraterritorial concerns.
Author: E.J. Dionne
Publisher: Brookings Institution Press
ISBN: 0815706952
Category : Political Science
Languages : en
Pages : 361
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Book Description
On December 12, 2000, a controversial decision by the Supreme Court of the United States effectively ended the disputed presidential contest between George W. Bush and Albert Gore Jr. with a 5-4 ruling that revealed the court to be as bitterly divided as the electorate. Four days earlier, the Florida Supreme Court had abruptly changed the dynamics of the election by reversing a lower court and ordering hand recounts of "undervotes" statewide. The U.S. Supreme Court quickly stepped in to halt the recounts and agreed to hear Bush v. Gore. After brief oral arguments and a short period of deliberation, the high court reversed the state court decision. The justices in both cases were bitterly divided, and passionate language emerged in both the majority rulings and the dissents. The drama and divisiveness of this extraordinary saga come to life in the rulings, opinions, and dissents from these two cases: U.S. Supreme Court case 00-949 (Bush v. Gore) and Florida Supreme Court case 00-2431 (Gore v. Harris). The first section of this volume gathers the complete text of both rulings, along with selections from oral arguments in the U.S. Supreme Court case. The second section of the book gathers the most significant opinion pieces from journalists and scholars on both sides of the political fence. Selected and organized by political analysts E.J. Dionne and William Kristol, these articles illuminate the perspectives of both sides about the various twists and turns in the post-election campaign, and the landmark judicial intervention. A companion website will provide links to documents from additional legal proceedings and other related documents and writings. The legal and historical significance of the 2000 election will be studied and debated for years to come. This volume combines the most important source documents with the most intelligent opinion and analysis about the conflict and its controversial resolution.
