In this Book

NYU Press
summary

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.

Table of Contents

  1. Cover
  1. Contents
  2. p. vii
  3. restricted access Download |
  1. Preface
  2. pp. ix-x
  3. restricted access Download |
  1. Acknowledgments
  2. pp. xi-xii
  3. restricted access Download |
  1. Introduction
  2. pp. 1-13
  3. restricted access Download |
  1. 1. The Supreme Court of Political Equality
  2. pp. 14-46
  3. restricted access Download |
  1. 2. Judicial Unmanageability and Political Equality
  2. pp. 47-72
  3. restricted access Download |
  1. 3. Protecting the Core of Political Equality
  2. pp. 73-100
  3. restricted access Download |
  1. 4. Deferring to Political Branches on Contested Equality Claims
  2. pp. 101-137
  3. restricted access Download |
  1. 5. Equality, Not Structure
  2. pp. 138-156
  3. restricted access Download |
  1. Conclusion
  2. pp. 157-165
  3. restricted access Download |
  1. Appendix 1
  2. pp. 166-175
  3. restricted access Download |
  1. Appendix 2
  2. pp. 176-188
  3. restricted access Download |
  1. Notes
  2. pp. 189-220
  3. restricted access Download |
  1. Index
  2. pp. 221-225
  3. restricted access Download |
  1. About the Author
  2. p. 227
  3. restricted access Download |
Back To Top

This website uses cookies to ensure you get the best experience on our website. Without cookies your experience may not be seamless.