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

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Two chapters from the authors' law school casebook, The Law of Democracy: Legal Structures of the Political Process (2d ed. 2001), have been modified in order to stand alone. The chapters address the judicial and political remedial structures, state and federal, for resolving election disputes in the United States. Significant portions of the material examine the state and federal dimensions of the litigation of the 2000 presidential election in Florida, while remaining sections examine more general material on ...
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Overview

Two chapters from the authors' law school casebook, The Law of Democracy: Legal Structures of the Political Process (2d ed. 2001), have been modified in order to stand alone. The chapters address the judicial and political remedial structures, state and federal, for resolving election disputes in the United States. Significant portions of the material examine the state and federal dimensions of the litigation of the 2000 presidential election in Florida, while remaining sections examine more general material on election disputes. Annotation c. Book News, Inc., Portland, OR
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Editorial Reviews

Booknews
Two chapters from the authors' law school casebook, (2d ed. 2001), have been modified in order to stand alone. The chapters address the judicial and political remedial structures, state and federal, for resolving election disputes in the United States. Significant portions of the material examine the state and federal dimensions of the litigation of the 2000 presidential election in Florida, while remaining sections examine more general material on election disputes. Annotation c. Book News, Inc., Portland, OR (booknews.com)
Read More Show Less

Product Details

  • ISBN-13: 9781587781568
  • Publisher: Foundation Press, Incorporated, The
  • Publication date: 2/28/2001
  • Edition description: Older Edition
  • Edition number: 1
  • Pages: 230

Table of Contents

Foreword i
Chapter 1 The Federal Interest in Election Procedures 1
A. State Elections 2
1. Lack of Sufficient Federal Interest 3
2. Sufficient Federal Interests 5
Roe v. State of Alabama 6
Notes on the Procedural Posture and Aftermath of the Roe Litigation 10
Notes and Questions 11
B. Distinct Federal Interests in National Elections: U.S. House and Senate Elections 19
C. Distinct Federal Interests in National Elections: Presidential Elections 22
1. The Electoral College 23
2. Article II and the Role of State Legislatures 24
3. The Electoral Count Act of 1887 25
Chapter 2 The State Interest in Federal Elections 27
Palm Beach County Canvassing Board v. Harris 29
Notes and Questions 39
Chapter 3 The U.S. Supreme Court's Decisions 44
A. The Federal Interest Potentially Asserted 44
Bush v. Palm Beach County Canvassing Board 44
Notes and Questions 48
1. Article II and the "Independent State Legislature Doctrine" 49
McPherson v. Blacker 49
Notes and Questions 54
2. Of "Safe Harbors" and the Electoral Count Act 58
B. The Final Florida Court Decision and the United States Supreme Court Stay 60
Bush v. Gore 61
C. The Federal Interest Decisively Asserted 63
Bush v. Gore 63
Notes and Questions 85
1. The Constitutional Right to Vote and the Equal Protection Clause 85
2. The Application of the Right to Vote and Equal Protection in Bush v. Gore 87
3. Substantive Due Process and the Right to Vote 93
4. The Federal Interest in State Judicial Interpretation of State Laws Regulating Presidential Elector Selection 96
Chapter 4 Eight Views of the Cathedral 98
Chapter 5 The Timing of Federal Court Intervention 107
Growe v. Emison 108
Notes and Questions 111
Siegel v. LePore 116
Notes and Questions 127
Chapter 6 Remedial Possibilities for Defective Elections 129
A. Ordering a New Election 129
Bell v. Southwell 129
Notes and Questions 133
B. Enjoining an Upcoming Election 137
Chisom v. Roemer 137
Notes and Questions 143
C. Adjusting the Vote Totals 145
In re the Matter of the Protest of Election Returns 149
Notes and Questions 152
D. Permanently Enjoining a Particular Election Practice 159
E. Damages 164
Wayne v. Venable 166
Notes and Questions 168
Hutchinson v. Miller 169
Notes and Questions 177
F. Criminal Prosecution 177
Documentary Appendix 180
Selected Provisions of the U.S. Constitution 180
The Electoral Count Act 188
Selected Sections of the Voting Rights Act of 1965 193
Selected Provisions of the Florida Election Code 195
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