Download e-book for iPad: The Supreme Court and Election Law: Judging Equality from by Richard Hasen

By Richard Hasen

ISBN-10: 0814736599

ISBN-13: 9780814736593

ISBN-10: 1417568569

ISBN-13: 9781417568567

Within the first finished learn of election legislation because the very best courtroom made up our minds Bush v. Gore, Richard L. Hasen rethinks the Court’s function in regulating elections. Drawing at the case records of the Warren, Burger, and Rehnquist courts, Hasen roots the Court’s intervention in political procedure instances to the landmark 1962 case, Baker v. Carr. The case opened the courts to a number of election legislation disputes, to the purpose that the courts now regulate and direct significant features of the yankee electoral process.The ideally suited court docket does have a vital position to play in holding a socially built “core” of political equality ideas, contends Hasen, however it should still go away contested questions of political equality to the political procedure itself. less than this regular, the various Court’s most vital election legislation situations from Baker to Bush were wrongly made up our minds.

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Extra info for The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore

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The Court upheld the ban under Congress’s power to enforce the Fifteenth Amendment, even though Lassiter had held that literacy tests were not per se unconstitutional. In 1969, the Court gave a broad reading to section 5 of the Voting Rights Act in Allen v. ” 32 | The Supreme Court of Political Equality In Allen, the Court held that a change from district-based to at-large elections fell under section 5 and therefore required preclearance. Similarly, the Court held that section 5 required preclearance of a change from the election to appointment of county officers; a change in the rules for an independent candidate to secure a position on the ballot; and a change in the procedures for casting write-in votes.

But Buckley’s square rejection of the equality rationale remains the strongest signal that jurisdictions may not impose generally applicable campaign finance laws to promote political equality. Political Parties The final equality area I consider is the law related to political parties and equality. A number of political party cases implicate equality concerns at least indirectly. In Storer v. Brown,137 for example, the Court indicated it would uphold a state’s right to impose a so-called sore-loser statute preventing losers in party primaries from running as a candidate in general elections.

It also serves the ancillary purpose of allowing evaluation of a criticism that has been made of the Supreme Court’s decision in Bush v. Gore: that the case constituted a major deviation from equal protection election law cases that have come before it. The end of this chapter considers that question. One final caveat: by focusing on cases since 1962, I do not mean to imply that the Court completely failed to regulate political equality before then. In fact, it had done so both to frustrate political equality claims and to foster (at least some versions of) political equality.

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The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore by Richard Hasen


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