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The Law of Freedom: The Supreme Court and Democracy

The Law of Freedom: The Supreme Court and Democracy

Name: The Law of Freedom: The Supreme Court and Democracy
Brand: Cambridge University Press
SKU: 9781108412247
Price: 290.03 HKD
Availability: InStock
Author: Jacob Eisler
ISBN: 9781108412247

By Jacob Eisler

Cambridge University Press July 2023

Specifications

ISBN-13: 9781108412247
Publisher: Cambridge University Press
Publication: July 2023
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

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.

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 partisa

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