Book contents
- The Law of Freedom
- The Law of Freedom
- Copyright page
- Dedication
- Epigraph
- Contents
- Preface
- Acknowledgments
- Introduction
- 1 The Counterpopular Dilemma
- 2 Constitutionalism and the Counterpopular Dilemma
- 3 Traversing the Dilemma
- 4 One Person, One Vote
- 5 Campaign Finance
- 6 Parties in Democracy
- 7 Race and Elections
- Conclusion
- Selected Bibliography
- Index
Conclusion
The Battle over Liberalism, the Trap of Partisanship, and the Future of Election Law
Published online by Cambridge University Press: 06 July 2023
- The Law of Freedom
- The Law of Freedom
- Copyright page
- Dedication
- Epigraph
- Contents
- Preface
- Acknowledgments
- Introduction
- 1 The Counterpopular Dilemma
- 2 Constitutionalism and the Counterpopular Dilemma
- 3 Traversing the Dilemma
- 4 One Person, One Vote
- 5 Campaign Finance
- 6 Parties in Democracy
- 7 Race and Elections
- Conclusion
- Selected Bibliography
- Index
Summary
This chapter synthesizes the unifying theme across the different domains by mapping each conflict onto the egalitarian–libertarian debate: does autonomous constituent self-rule demand ensuring that all constituents enjoy a baseline substantive opportunity to contribute to public governance, or require noninterference with the application of private power and constituent preferences (including by powerful or privileged constituents who will enjoy disproportionate practical influence over politics)? The Conclusion also describes the two related trends in current Supreme Court lawmaking that threaten contestation over freedom. There is the threat – most clearly expressed in Bush v. Gore – that purely tribal partisanship will overdetermine election law outcomes and displace rather than frame the debate over freedom. Second, the parallel rise of the use of summary modes of disposition further erodes the opportunities for philosophical engagement by the bench.
Keywords
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- The Law of FreedomThe Supreme Court and Democracy, pp. 291 - 312Publisher: Cambridge University PressPrint publication year: 2023