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Full-Text Articles in Law
The New Deal ‘Constitutional Revolution’ As An Historical Problem, Edward A. Purcell Jr.
The New Deal ‘Constitutional Revolution’ As An Historical Problem, Edward A. Purcell Jr.
Articles & Chapters
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The Contested Right To Vote, Richard Briffault
The Contested Right To Vote, Richard Briffault
Faculty Scholarship
For those who believe the United States is a representative democracy with a government elected by the people, the events of late 2000must have been more than a little disconcerting. In the election for our most important public office – our only truly national office – the candidate who received the most popular votes was declared the loser while his second place opponent, who had received some 540,000 fewer votes, was the winner. This result turned on the outcome in Florida, where approximately 150,000 ballots cast were found not to contain valid votes. Further, due to flaws in ballot design, …
Bush V. Gore As An Equal Protection Case, Richard Briffault
Bush V. Gore As An Equal Protection Case, Richard Briffault
Faculty Scholarship
In Bush v. Gore, the United States Supreme Court applied the Equal Protection Clause to the mechanics of state election administration. The Court invalidated the manual recount of the so-called undervote – that is, ballots that vote-counting machinery had found contained no indication of a vote for President – which the Florida Supreme Court had ordered to determine the winner of Florida's vote for presidential electors in the 2000 presidential election. The United States Supreme Court reasoned that the principles it had previously articulated in applying the Equal Protection Clause to the vote were violated by the Florida court's …