Cover image for The U.S. Supreme Court and the electoral process
Title:
The U.S. Supreme Court and the electoral process
Author:
Ryden, David K.
Publication Information:
Washington, D.C. : Georgetown University Press, [2000]

©2000
Physical Description:
xii, 322 pages ; 23 cm
Language:
English
Contents:
The U.S. Supreme Court, the electoral process, and the quest for representation: an overview / David K. Ryden. -- Representation rights and the Rehnquist years: the viability of the "communities of interest" approach / Nancy Maveety. -- Vote dilution, party dilution, and the voting rights act: the search for "fair and effective representation" / Howard A. Scarrow. -- Districting and the meanings of pluralism: the court's futile search for standards in Kiryas Joel / Stephen E. Gottlieb. -- Back to the future: the enduring dilemmas revealed in the Supreme Court's treatment of political parties / Michael A. Fitts. -- Party autonomy or state regulatory authority? The court as mediator / Paul R. Petterson. -- The Supreme Court's patronage decisions and the theory and practice of politics / Cynthia Grant Bowman. -- Entrenching the two-party system: the supreme court's fusion decision / Douglas J. Amy. -- To curb parties or court them? Seeking a constitutional framework for campaign finance reform / Daniel K. Ryden. -- Plebiscites and minority rights: A contrarian view / Bradley A. Smith. -- A Thornton in the side: term limits, representation, and the problem of federalism / Jeff Polet. -- The Supreme Court has no theory of politics--and be thankful for small favors / Daniel H. Lowenstein. -- The Supreme Court as architect of election law: Summing up, looking ahead / Daniel K. Ryden.
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ISBN:
9780878408054

9780878408061
Format :
Book

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Summary

Summary

In recent years, the U.S Supreme Court has made a number of rulings concerned with the constitution; voting and elections, representation and political parties. This book analyzes the major themes raised by the court playing such an influential role in constitutional matters.


Author Notes

Douglas J. Amy is a professor in the department of politics at Mount Holyoke College
Cynthia Grant Bowman received a Ph.D. in political science from Columbia University and a J.D. from Northwestern University School of Law, where she currently is a professor of law
Lee Epstein is professor of political science at Washington University in Saint Louis, Missouri
Michael Fitts is the Robert G. Fuller Professor of Law at the University of Pennsylvania School of Law
Stephen E. Gottlieb is professor of law at Albany Law School
Daniel H. Lowenstein is professor of law at the UCLA School of Law
Nancy Maveety is professor of political science at Tulane University
Paul R. Petterson is assistant professor of political science at Central Connecticut State University
Jeff Polet is associate professor of political science at Malone College in Canton, Ohio
David K. Ryden received his Ph.D. at the Catholic University of America and is assistant professor of political science and the Towsley Research Scholar at Hope College in Holland, Michigan
Howard A. Scarrow is professor of political science at the State University of New York at Stony Brook
Bradley A. Smith is associate professor of law at Capital University Law School in Columbus, Ohio


Reviews 1

Choice Review

Though published before Bush v. Gore (2000), this prescient yet eclectic collection of essays by legal scholars, students of the judiciary, and political theorists, edited by Ryden (Hope College, Michigan), plumbs the Supreme Court's constitutive apolitical role as "primary shaper of the electoral system." While Court decisions involving discrimination and voting rights are well known, these essays reveal the pervasive involvement of the Court in the political process. From questions of voting rights, discrimination, and redistricting to the treatment of political parties, patronage, campaign finance, initiative campaigns, and term limits the Court's authority pervades the political process in American democracy. In surveying the Court's political omnipresence the essays collectively sound larger issues. What guides the Court's involvement in the political process? Is the Court an adequate guide to and guardian of democratic politics? No one perspective clearly emerges. Some see Court decisions as organized attempts to develop and apply tenets of theories of representation and democracy. Others see a fragmentary and eclectic approach to political decisions more consistent with sustaining rather than guiding political competition. But such debates add emphasis to the Court's vital political role. Recommended for upper-division undergraduate, graduate, research, and professional collections. T. Fackler University of Nevada, Las Vegas


Table of Contents

Foreword to the Second EditionLee Epstein
Preface
1 The U.S. Supreme Court, The Electoral Process, and the Quest for Representation: An OverviewDavid K. Ryden
Part I The Judicial Search for Electoral Representation
2 Representation Rights and the Rehnquist Years: The Viability of the "Communities of Interest" ApproachNancy Maveety
3 Vote Dilution, Party Dilution, and the Voting Rights Act: The Search for "Fair and Effective Representation"Howard A. Scarrow
4 Districting and the Meanings of Pluralism: The Court's Futile Search for Standards in Kiryas JoelStephen E. Gottlieb
Part II Political Parties: The Key to, Or the Scourge of, Representation?
5 Back to the Future: The Enduring Dilemmas Revealed in the Supreme Court's Treatment of Political PartiesMichael A. Fitts
6 Partisan Autonomy of State Regulatory Authority? The Court as MediatorPaul R. Petterson
7 The Supreme Court's Patronage Decisions and the Theory and Practice of PoliticsCynthia Grant Brown
Part III The Court and Political Reform: Friend or Foe?
8 Entrenching the Two-Party System: The Supreme Court's Fusion DecisionDouglas J. Amy
9 To Curb Parties or to Court Them? Seeking a Constitutional Framework for Campaign Finance ReformDavid K. Ryden
10 Plebiscites and Minority Rights: A Contrarian ViewBradley A. Smith
Part IV "Out of the Shadows": Bush v. Gore, the Court, and the Selection of a President
11 Bush v. Gore Typifies the Rehnquist Court's Hostility to VotersStephen E. Gottlieb
12 An Agnostic Assessment of the 2000 Presidential ElectionMark E. Rush
13 What Bush v. Gore Does and Does Not Tell Us about the Supreme Court and Electoral PoliticsDavid K. Ryden
14 The Imperiousness of Bush v. GoreJeff Polet
Part V The Court, the Constitution, and Election Law: Merging Practice and Theory
15 The Supreme Court Has No Theory of Politics - and Be Thankful for Small FavorsDaniel H. Lowenstein
16 The Supreme Court as Architect of Election Law: Summing Up, Looking AheadDavid K. Ryden
Bibliography
Table of Cases
Index