The law of freedom : the Supreme Court and democracy / Jacob Eisler.

Format:

Book

Author/Creator:

Eisler, Jacob, 1982- author.

Language:

English

Subjects (All):

United States. Supreme Court.

United States.

Political questions and judicial power--United States.

Political questions and judicial power.

Physical Description:

1 online resource (xiii, 329 pages) : digital, PDF file(s).

Edition:

First edition.

Place of Publication:

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2023.

Summary:

The Supreme Court has been at the center of great upheavals in American democracy across the last seventy years. From the end of Jim Crow to the rise of wealth-dominated national campaigns, the Court has battled over if democracy is an egalitarian collaboration to serve the good of all citizens, or a competitive struggle by private interests. In The Law of Freedom, Jacob Eisler questions why the Court has the moral authority to shape democracy at all. Analyzing leading cases through the lens of philosophy and social science, Eisler demonstrates how the soul of election law is a battle between two philosophical understandings of democratic freedom and popular self-rule. This remarkable book reveals that the Court's battle over democracy has shaped how Americans rule themselves, marking election law as the most dramatic judicial intervention in constitutional history.

Contents:

Introduction

The counterpopular dilemma

Constitutionalism and the counterpopular dilemma

Traversing the dilemma : normative struggle over freedom

One-person one-vote : the triumph of minimal procedural equality

Campaign finance : contesting voters' cognitive capacities

Parties in democracy : facilitators or usurpers of popular self-rule?

Race and elections : equality of access or equality of power?

Conclusion : the debate over liberalism, the partisan alternative, and the future of election law.

Notes:

Title from publisher's bibliographic system (viewed on 10 Jul 2023).

Includes bibliographical references and index.

ISBN:

9781108329569

110832956X

9781108331005

1108331009

9781108304269

1108304265