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Full-Text Articles in Law
Race, Federalism, And Voting Rights, Guy-Uriel E. Charles, Luis Fuentes-Rohwer
Race, Federalism, And Voting Rights, Guy-Uriel E. Charles, Luis Fuentes-Rohwer
Faculty Scholarship
In Shelby County v. Holder, the Court struck down an important provision of the Voting Rights Act, section 4, on federalism grounds. The Court argued that Congress no longer had the power to enact section 4 because of the “federalism costs” imposed by the Act and because the Act violated "basic principles" of federalism. Unfortunately, the Court failed to articulate the costs to federalism imposed by the Act, much less conduct a cost-benefit analysis in order to determine whether the benefits of the Act outweighed its costs. Moreover, the Court failed to discuss whether the Reconstruction Amendments ought to matter …
The Electoral College, The Right To Vote, And Our Federalism: A Comment On A Lasting Institution, Luis Fuentes-Rohwer, Guy-Uriel Charles
The Electoral College, The Right To Vote, And Our Federalism: A Comment On A Lasting Institution, Luis Fuentes-Rohwer, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
Understanding Congressional Reform: Lessons From The Seventies, Rafael Gely, Asghar Zardkoohi
Understanding Congressional Reform: Lessons From The Seventies, Rafael Gely, Asghar Zardkoohi
Faculty Publications
The purpose of this article is to examine voting behavior of representatives when faced with dual constraints (constituents back home and the leadership) as compared to one constraint (constituents back home). An ambitious goal of the study would have been to examine the effects of both sets of reforms. However, there are two reasons for not using the 1995 reforms in our empirical examinations. First, not enough time has passed to fully observe the effect of term limits on voting behavior. Second, and more importantly, the leadership, whose power it was to impose a constraint on a representative's promotional opportunities, …