When Elections Go Bad:The Law of Democracy and the Presidential Election of 2000 / Edition 1

When Elections Go Bad:The Law of Democracy and the Presidential Election of 2000 / Edition 1

by Samuel Issacharoff, Richard H. Pildes, Pamela S. Karlan, Richard H. Pildes
     
 

ISBN-10: 1587782332

ISBN-13: 9781587782336

Pub. Date: 09/01/2001

Publisher: West Academic Publishing

Using the presidential election of 2000 as a springboard for discussion, this treatise offers a comprehensive legal perspective on how disputed state and federal elections are resolved. Crucial judicial decisions and legal materials from this disputed election are examined against a broader historical, doctrinal, and analytical context.

Overview

Using the presidential election of 2000 as a springboard for discussion, this treatise offers a comprehensive legal perspective on how disputed state and federal elections are resolved. Crucial judicial decisions and legal materials from this disputed election are examined against a broader historical, doctrinal, and analytical context.

Product Details

ISBN-13:
9781587782336
Publisher:
West Academic Publishing
Publication date:
09/01/2001
Series:
University Casebook Series
Edition description:
REVISED
Pages:
209
Product dimensions:
7.31(w) x 10.00(h) x 0.40(d)

Table of Contents

Forewordi
Chapter 1The Federal Interest in Election Procedures1
A.State Elections2
1.Lack of Sufficient Federal Interest3
2.Sufficient Federal Interests5
Roe v. State of Alabama6
Notes on the Procedural Posture and Aftermath of the Roe Litigation10
Notes and Questions11
B.Distinct Federal Interests in National Elections: U.S. House and Senate Elections19
C.Distinct Federal Interests in National Elections: Presidential Elections22
1.The Electoral College23
2.Article II and the Role of State Legislatures24
3.The Electoral Count Act of 188725
Chapter 2The State Interest in Federal Elections27
Palm Beach County Canvassing Board v. Harris29
Notes and Questions39
Chapter 3The U.S. Supreme Court's Decisions44
A.The Federal Interest Potentially Asserted44
Bush v. Palm Beach County Canvassing Board44
Notes and Questions48
1.Article II and the "Independent State Legislature Doctrine"49
McPherson v. Blacker49
Notes and Questions54
2.Of "Safe Harbors" and the Electoral Count Act58
B.The Final Florida Court Decision and the United States Supreme Court Stay60
Bush v. Gore61
C.The Federal Interest Decisively Asserted63
Bush v. Gore63
Notes and Questions85
1.The Constitutional Right to Vote and the Equal Protection Clause85
2.The Application of the Right to Vote and Equal Protection in Bush v. Gore87
3.Substantive Due Process and the Right to Vote93
4.The Federal Interest in State Judicial Interpretation of State Laws Regulating Presidential Elector Selection96
Chapter 4Eight Views of the Cathedral98
Chapter 5The Timing of Federal Court Intervention107
Growe v. Emison108
Notes and Questions111
Siegel v. LePore116
Notes and Questions127
Chapter 6Remedial Possibilities for Defective Elections129
A.Ordering a New Election129
Bell v. Southwell129
Notes and Questions133
B.Enjoining an Upcoming Election137
Chisom v. Roemer137
Notes and Questions143
C.Adjusting the Vote Totals145
In re the Matter of the Protest of Election Returns149
Notes and Questions152
D.Permanently Enjoining a Particular Election Practice159
E.Damages164
Wayne v. Venable166
Notes and Questions168
Hutchinson v. Miller169
Notes and Questions177
F.Criminal Prosecution177
Documentary Appendix180
Selected Provisions of the U.S. Constitution180
The Electoral Count Act188
Selected Sections of the Voting Rights Act of 1965193
Selected Provisions of the Florida Election Code195

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