Law of Freedom - The Supreme Court and Democracy

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.

List of contents

Introduction; 1. The counterpopular dilemma; 2. Constitutionalism and the counterpopular dilemma; 3. Traversing the dilemma: normative struggle over freedom; 4. One-person one-vote: the triumph of minimal procedural equality; 5. Campaign finance: contesting voters' cognitive capacities; 6. Parties in democracy: facilitators or usurpers of popular self-rule?; 7. Race and elections: equality of access or equality of power?; Conclusion: the debate over liberalism, the partisan alternative, and the future of election law.

About the author

Jacob Eisler is Associate Professor at the University of Southampton Law School where he focuses on democratic theory, election law, and corruption. In 2023, he will join Florida State University College of Law as the James Edmund and Margaret Elizabeth Corry Professor.

Summary

This book examines the philosophy of judicial review to show how the Supreme Court has transformed elections in America. The Supreme Court has battled over the meaning of rule by the people, and this battle on the Court is a struggle over the defining values of American democracy.

Foreword

Examines election case law to demonstrate and assess how the Supreme Court has radically transformed American democracy.

Product details

• Authors: Jacob Eisler, Jacob (University of Southampton) Eisler
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Paperback / Softback
• Released: 30.06.2023
• EAN: 9781108412247
• ISBN: 978-1-108-41224-7
• No. of pages: 300
• Subjects: Non-fiction book > History > Miscellaneous; Social sciences, law, business > Law > International law, foreign law; USA, POLITICAL SCIENCE / Political Process / General, POLITICAL SCIENCE / Political Ideologies / Democracy, LAW / Courts, LAW / Constitutional, HISTORY / United States / General, LAW / Comparative, LAW / Election Law, LAW / Trial Practice, Political structures: democracy, Legal History, United States of America, USA, comparative law, History of the Americas, Courts & procedure, Legal systems: courts and procedures, Constitutional & administrative law, Election law, History of constitution and comparative constitutional law