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The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore / Edition 1
     

The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore / Edition 1

by Richard Hasen
 

ISBN-10: 0814736599

ISBN-13: 9780814736593

Pub. Date: 11/01/2003

Publisher: New York University Press

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

Overview

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.

Product Details

ISBN-13:
9780814736593
Publisher:
New York University Press
Publication date:
11/01/2003
Edition description:
New Edition
Pages:
227
Product dimensions:
6.00(w) x 9.00(h) x 0.90(d)

Table of Contents

Preface
Acknowledgments
Introduction: Mighty Platonic Guardians
1 The Supreme Court of Political Equality
2 Judicial Unmanageability and Political Equality
3 Protecting the Core of Political Equality
4 Deferring to Political Branches on Contested Equality Claims
5 Equality, Not Structure
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 Afürmance in Harper v. Virginia State Board of Elections
Notes
Index
About the Author

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