Book contents
- People v. The Court
- People v. The Court
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Foreword: Nine Principles for Judicial Review
- Acknowledgments
- Introduction
- 1 A Political Process Theory for the Twenty-First Century
- 2 Four Revolutions in Constitutional Law
- 3 Elections
- 4 Election-Related Misinformation
- 5 Individual Rights under International Law
- 6 Weak Review, Strong Rights
- 7 Federalism
- 8 A Roadmap for Revolutionary Change
- Appendix
- Notes
- Bibliography
- Index
3 - Elections
Published online by Cambridge University Press: 07 August 2025
Book contents
- People v. The Court
- People v. The Court
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Foreword: Nine Principles for Judicial Review
- Acknowledgments
- Introduction
- 1 A Political Process Theory for the Twenty-First Century
- 2 Four Revolutions in Constitutional Law
- 3 Elections
- 4 Election-Related Misinformation
- 5 Individual Rights under International Law
- 6 Weak Review, Strong Rights
- 7 Federalism
- 8 A Roadmap for Revolutionary Change
- Appendix
- Notes
- Bibliography
- Index
Summary
Chapter Three develops the argument in favor of strong judicial review to correct malfunctions in our electoral system. The first section analyzes flaws in our current electoral system, explaining why the market for elective office is not sufficiently competitive. The next section reviews the Warren Court’s decisions in key malapportionment cases: Wesberry v. Sanders and Reynold v. Sims. Those cases provide a helpful model for strong judicial review to correct flaws in our electoral system. The chapter then presents a critique of four election law decisions since 1976 where the Supreme Court has contributed to democratic decay by engaging in antidemocratic judicial review. The final section presents several proposals for new constitutional rules that build on the principles articulated in Wesberry and Reynolds. The proposed rules are designed to enhance competition in the market for elective office and improve the quality of democratic self-government in the United States.
Keywords
Information
- Type
- Chapter
- Information
- People v. The CourtThe Next Revolution in Constitutional Law, pp. 55 - 87Publisher: Cambridge University PressPrint publication year: 2025
Accessibility standard: Inaccessible, or known limited accessibility
Why this information is here
This section outlines the accessibility features of this content - including support for screen readers, full keyboard navigation and high-contrast display options. This may not be relevant for you.Accessibility Information
The HTML of this chapter is known to have missing or limited accessibility features.
We may be reviewing its accessibility for future improvement, but final compliance is
not yet assured and may be subject to legal exceptions. If you have any questions,
please contact
accessibility@cambridge.org.
Content Navigation
Table of contents navigation
Allows you to navigate directly to chapters, sections, or non‐text items through a linked table of contents, reducing the need for extensive scrolling.
Allows you to navigate directly to chapters, sections, or non‐text items through a linked table of contents, reducing the need for extensive scrolling.
Index navigation
Provides an interactive index, letting you go straight to where a term or subject appears in the text without manual searching.
Provides an interactive index, letting you go straight to where a term or subject appears in the text without manual searching.
Reading Order & Textual Equivalents
Single logical reading order
You will encounter all content (including footnotes, captions, etc.) in a clear, sequential flow, making it easier to follow with assistive tools like screen readers.
You will encounter all content (including footnotes, captions, etc.) in a clear, sequential flow, making it easier to follow with assistive tools like screen readers.
Short alternative textual descriptions
You get concise descriptions (for images, charts, or media clips), ensuring you do not miss crucial information when visual or audio elements are not accessible.
You get concise descriptions (for images, charts, or media clips), ensuring you do not miss crucial information when visual or audio elements are not accessible.
Structural and Technical Features
ARIA roles provided
You gain clarity from ARIA (Accessible Rich Internet Applications) roles and attributes, as they help assistive technologies interpret how each part of the content functions.
You gain clarity from ARIA (Accessible Rich Internet Applications) roles and attributes, as they help assistive technologies interpret how each part of the content functions.