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10 - Democracy in the United States, 2020 and Beyond

How Can Scholarly Research Shape a Vision and Help Realize It?

Published online by Cambridge University Press:  01 June 2011

Edward B. Foley
Affiliation:
Ohio State University
Guy-Uriel E. Charles
Affiliation:
Duke Law School
Heather K. Gerken
Affiliation:
Yale Law School
Michael S. Kang
Affiliation:
Emory University, Atlanta
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Summary

“Democracy 2020” expresses the idea of a decade-long initiative to design and implement an electoral process of which our nation can be proud in time for the presidential election that year. The objective is not to rush a half-baked reform for 2012 or even 2016, but to take a decade to do it right. It would be a nice gift to the children born in the year of Bush v. Gore, the dawn of the new century, as it will be the first year in which they are eligible to vote in a presidential election.

At first, a decade seemed enough time for major reform. “If we can put a man on the moon in a decade…” was how the thinking went. But now I believe that we should strategize in two stages. The year 2020 should still be a target for significant “mid-range” reform, and we should develop a process that uses the time until then to maximum feasible effect. Yet we should also recognize what is not feasible in a ten-year timeframe, and defer for a later date – and an even more ambitious agenda – truly long-term reforms that would take a quarter-century or longer to develop.

DEMOCRACY 2000–2008: A RETROSPECTIVE

What has our nation accomplished since 2000 in terms of electoral reform, and what can we realistically expect to accomplish by 2020?

The answer to this question is quite sobering.

Type
Chapter
Information
Race, Reform, and Regulation of the Electoral Process
Recurring Puzzles in American Democracy
, pp. 209 - 226
Publisher: Cambridge University Press
Print publication year: 2011

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References

Nathan, Colvin & Edward, B. Foley. 2010. The Twelfth Amendment: A Constitutional Ticking Time Bomb. University of Miami Law Review 64: 475.Google Scholar
Florida NAACP v. Browning, 522 F.3d 1153 (11th Cir. 2008).
Foley, Edward B. 2007. The Analysis and Mitigation of Electoral Errors: Theory, Practice, Policy. Stanford Law & Policy Review 18: 350.Google Scholar
Foley, Edward B. 2008. Let's not repeat 2000: A special political tribunal could help resolve election conflicts without mistrust. Legal Times (April 21). http://moritzlaw.osu.edu/library/documents/Foley-LegalTimes-4–21-08.pdf (accessed April 10, 2010).
Foley, Edward B. 2009. The Original Bush v. Gore: An Historical Perspective on Disputed Elections. Oct. 14. http://moritzlaw.osu.edu/electionlaw/docs/post_lecture_draft05march09.pdf (accessed April 7, 2010). A revised version of this lecture will be published in the Indiana Law Review with a new title: The Founders' Bush v. Gore: The 1792 Disputed Election and its Continuing Relevance.
Huefner, S., Tokaji, D., Foley, E., and Cemenska, N.. 2007. From Registration to Recounts: The Electoral Ecosystems of Five Midwestern States. Columbus, OH: Ohio State University.Google Scholar
Ohio Republican Party v. Brunner, 544 F.3d 711 (6th Cir. 2008), order vacated by 129 S.Ct. 5 (2008).
State ex rel. Colvin v. Brunner, 120 Ohio St. 3d 110, 896 N.E.2d 979 (2008).
State ex rel. Stokes v. Brunner, 120 Ohio St. 3d 250, 898 N.E.2d 23 (2008).
State ex rel. Summit County Republican Party v. Brunner, 118 Ohio St. 3d 515, 890 N.E.2d 888 (2008).
Tokaji, Dan. 2009. The Future of Election Reform: From Rules to Institutions. Yale Law & Policy Review 28: 125.Google Scholar

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