The Supreme Court and Election Law: Judging Equality from Baker V. Carr to Bush V. Gore
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About the Book
In the wake of the 2000 Florida election controversy, many Americans have questioned whether and how the Supreme Court should decide election law disputes. In the first comprehensive study of the issue since the Supreme Court decided Bush v. Gore, Richard L. Hasen rethinks the Supreme Court's role in regulating elections. Hasen, drawing on the case files of Supreme Court Justices in the Warren, Burger, and Rehnquist courts, roots the Supreme Court's intervention in political process cases to the 1962 case Baker v. Carr, in which the Court first agreed to consider claims that a state legislature had violated the Constitution by failing to draw legislative districts with equal populations. 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, concludes 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.
Book Details
ISBN-13: 9780814736913
EAN: 9780814736913
Publisher Date: 01 Mar 2006
Dewey: 342.730
Height: 225 mm
Language: English
No of Pages: 227
Returnable: N
Spine Width: 16 mm
ISBN-10: 0814736912
Publisher: New York University Press
Binding: Paperback
Edition: New edition
Is LeadingArticle: Y
MediaMail: Y
PrintOnDemand: Y
Series Title: English
Width: 153 mm