Election Law and Policy

The electoral college is the extraordinarily complex mechanism by which Americans choose their president. Is there any justification for such a system, which may elect the candidate who does not receive the most votes? Today, with two of the last five presidential elections having gone to the popular vote loser and the debacle following the 2020 election, the electoral college's flaws are more apparent than ever. In this fourth edition of the definitive book on the electoral college, George Edwards employs rigorous analysis and systemic data to show how the system violates core democratic principles and does not provide the benefits its advocates claim. With a new chapter focusing on the 2020 election, Edwards addresses justifications for the electoral college that were popular among Trump supporters following the 2016 and 2020 elections. Edwards concludes by offering a straightforward approach to selecting the president that maximizes political equality.

Why it's time to enshrine the right to vote in the Constitution Throughout history, too many Americans have been disenfranchised or faced needless barriers to voting. Part of the blame falls on the Constitution, which does not contain an affirmative right to vote. The Supreme Court has made matters worse by failing to protect voting rights and limiting Congress's ability to do so. The time has come for voters to take action and push for an amendment to the Constitution that would guarantee this right for all. Drawing on troubling stories of state attempts to disenfranchise military voters, women, African Americans, students, former felons, Native Americans, and others, Richard Hasen argues that American democracy can and should do better in assuring that all eligible voters can cast a meaningful vote that will be fairly counted. He shows how a constitutional right to vote can deescalate voting wars between political parties that lead to endless rounds of litigation and undermine voter confidence in elections, and can safeguard democracy against dangerous attempts at election subversion like the one we witnessed in the aftermath of the 2020 presidential election. The path to a constitutional amendment is undoubtedly hard, especially in these polarized times. A Real Right to Vote explains what's in it for conservatives who have resisted voting reform and reveals how the pursuit of an amendment can yield tangible dividends for democracy long before ratification.

On June 25, 2013, the U.S. Supreme Court handed down its decision in Shelby County v. Holder, invalidating a key provision of voting rights law. The decision--the culmination of an eight-year battle over the power of Congress to regulate state conduct of elections--marked the closing of a chapter in American politics. That chapter had opened a century earlier in the case of Guinn v. United States, which ushered in national efforts to knock down racial barriers to the ballot. A detailed and timely history, The Rise and Fall of the Voting Rights Act analyzes changing legislation and the future of voting rights in the United States. In tracing the development of the Voting Rights Act from its inception, Charles S. Bullock III, Ronald Keith Gaddie, and Justin J. Wert begin by exploring the political and legal aspects of the Jim Crow electoral regime. Detailing both the subsequent struggle to enact the law and its impact, they explain why the Voting Rights Act was necessary. The authors draw on court cases and election data to bring their discussion to the present with an examination of the 2006 revision and renewal of the act, and its role in shaping the southern political environment in the 2008 and 2012 presidential elections, when Barack Obama was chosen. Bullock, Gaddie, and Wert go on to closely evaluate the 2013 Shelby County decision, describing how the ideological makeup of the Supreme Court created an appellate environment that made the act ripe for a challenge. Rigorous in its scholarship and thoroughly readable, this book goes beyond history and analysis to provide compelling and much-needed insight into the ways voting rights legislation has shaped the United States. The Rise and Fall of the Voting Rights Act illuminates the historical roots--and the human consequences--of a critical chapter in U.S. legal history.

In this new and original study of the origins of the United States Constitution, award winning scholar Lawrence Goldstone demonstrates that what was left out of the document by the Framers is of equal importance to what was included. Because of the deep divisions present in the United States at the beginning of the Republic, delegates to the Constitutional Convention in 1787 were unwilling, and often unable, to forge a plan for government that would be both comprehensive and sufficiently acceptable to competing interests to achieve ratification. Rather than risk rejection, they chose to leave many key areas of governance vague or undefined, hoping the flaws could be dealt with after the Constitution had become the "supreme law of the land." Although successful in the short term, that strategy left the Constitution excessively prone to subjective interpretation and, as a result, the United States was rendered vulnerable to anti-democratic initiatives and the perpetuation of minority rule, both of which plague the nation today. Thus, a constitution drafted to ensure "a more perfect union" has instead begotten dysfunction and disunion. The ossification of America's political process is to a significant degree due not to what the Constitution says but rather from what it fails to say. The only way to address the threat these omissions engender is to identify the flaws and then complete the Constitution by fashioning legislative solutions to fill the gaps.

From two distinguished experts on election law, an alarming look at how the American presidency could be stolen--by entirely legal means   "Their new book asks whether a second Trump attempt to subvert democracy could succeed. Their answer makes for uncomfortable reading."--Ed Pilkington, The Guardian   Even in the fast and loose world of the Trump White House, the idea that a couple thousand disorganized protestors storming the U.S. Capitol might actually prevent a presidential succession was farfetched. Yet perfectly legal ways of overturning election results actually do exist, and they would allow a political party to install its own candidate in place of the true winner.   Lawrence Lessig and Matthew Seligman work through every option available for subverting a presumptively legitimate result--from vice-presidential intervention to election decertification and beyond. While many strategies would never pass constitutional muster, Lessig and Seligman explain how some might. They expose correctable weaknesses in the system, including one that could be corrected only by the Supreme Court.   Any strategy aimed at hacking a presidential election is a threat to democracy. This book is a clarion call to shore up the insecure system for electing the president before American democracy is forever compromised.

The direct primary, in which voters rather than party leaders or convention delegates select party nominees for state and federal offices, was one of the most widely adopted political reforms of the early twentieth century. Yet after decades of practice and study, scholars have found little clear evidence that direct primaries changed the outcomes of party nominations. The conventional wisdom has always been that once the Progressive movement declined and voters became distracted by more pressing issues, parties slowly reasserted their control over candidate selection. This book shows that the conventional wisdom is wrong. Exploring changes in American primary election laws from the 1920s to the 1970s, Robert G. Boatright argues in Reform and Retrenchment that the introduction of the direct primary created far more chaos in American elections than most scholars realize. As he shows, political parties, factions, and reform groups manipulated primary election laws in order to gain an advantage over their opponents, often under the guise of enhancing democracy. Today there is widespread dissatisfaction with primaries, and we are again in a period of experimentation. Boatright looks at how this history can help us understand the reform ideas before us today, ultimately suggesting that, for all of its flaws, there is likely little that can be done to improve primaries, and those who would seek to change American politics are best off exploring reforms to other areas of elections and governance.

This work is the first systematic attempt to measure the impact of the Voting Rights Act of 1965, commonly regarded as the most effective civil rights legislation of the century. Marshaling a wealth of detailed evidence, the contributors to this volume show how blacks and Mexican Americans in the South, along with the Justice Department, have used the act and the U.S. Constitution to overcome the resistance of white officials to minority mobilization. The book tells the story of the black struggle for equal political participation in eight core southern states from the end of the Civil War to the 1980s--with special emphasis on the period since 1965. The contributors use a variety of quantitative methods to show how the act dramatically increased black registration and black and Mexican-American office holding. They also explain modern voting rights law as it pertains to minority citizens, discussing important legal cases and giving numerous examples of how the law is applied. Destined to become a standard source of information on the history of the Voting Rights Act, Quiet Revolution in the South has implications for the controversies that are sure to continue over the direction in which the voting rights of American ethnic minorities have evolved since the 1960s.

Although the heroism of last century's freedom marches will long be credited for ending racial discrimination, civil rights legislation owes much to work done more quietly in the district courtrooms of the South. This book expands our understanding of how the Voting Rights Act came about by focusing on several key cases in Alabama that paved the way for this landmark legislation. Brian Landsberg--himself a participant in many of these trials--argues that Department of Justice litigation contributed significantly to the content of the landmark 1965 Voting Rights Act. His close analysis of these trials shows how they helped pave the way for the dramatic expansion of federal power in combating racist enforcement of voting laws. Focusing on three out of the seventy voting rights cases filed between 1957 and 1965, he reveals how the DOJ, newly armed with authority to bring civil suits against voting discrimination, aggressively pursued its efforts to enforce the Reconstruction Amendments. These cases in Elmore, Sumter, and Perry counties helped to expose the chasm between the objectives of the Fifteenth Amendment and the practices of southern voter registrars--and the equally deep chasm between practices in the Deep South and those in the rest of the country--by showing that a simple requirement of racial neutrality wasn't enough to guard against discrimination. The VRA adopted many of the stringent remedies that emerged from these trials, including the appointment of federal officials to observe elections and maintain lists of eligible voters and the need for federal approval for changes in local voting procedures. Landsberg highlights a long-neglected but vitally important chapter in the history of the civil rights movement and puts a human face on the struggle for the right to vote, enhancing our understanding of the efforts blacks made to register, the doubts of even moderate whites, and the role of federal agents in protecting voter rights. His study is especially welcome in light of the controversy surrounding the VRA's recent renewal in 2006, which caught glimpses of the pre-VRA South, and current concerns over new and emerging forms of disenfranchisement.

A COUNTERNARRATIVE This groundbreaking book uncovers how anti-Black racism has informed and perpetuated anti-literacy laws, policies, and customs from the colonial period to the present day. As a counternarrative of the history of Black literacy in the United States, the book's historical lens reveals the interlocking political and social structures that have repeatedly failed to support equity in literacy for Black students. Arlette Ingram Willis walks readers through the impact of anti-Black racism's impact on literacy education by identifying and documenting the unacknowledged history of Black literacy education, one that is inextricably bound up with a history of White supremacy. Willis analyzes, exposes, illuminates, and interrogates incontrovertible historical evidence of the social, political, and legal efforts to deny equal literacy access. The chapters cover an in-depth evolution of the role of White supremacy and the harm it causes in forestalling Black readers' progress; a critical examination of empirical research and underlying ideological assumptions that resulted in limiting literacy access; and a review of federal and state documents that restricted reading access for Black people. Willis interweaves historical vignettes throughout the text as antidotes to whitewashing the history of literacy among Black people in the United States and offers recommendations on ways forward to dismantle racist reading research and laws. By centering the narrative on the experiences of Black people in the United States, Willis shifts the conversation and provides an uncompromising focus on not only the historical impact of such laws and policies but also their connections to present-day laws and policies. A definitive history of the instructional and legal structures that have harmed generations of Black people, this text is essential for scholars, students, and policymakers in literacy education, reading research, history of education, and social justice education.

Since 2003, several US states have passed new laws that complicate the process of voter registration and voting. Framed as controls on voter fraud, the laws have spawned controversy in both the courts and public opinion, the latter falling along a sharp partisan divide. Much Sound and Fury, or the New Jim Crow? offers a scholarly analysis, not of the intent but rather the impact of these laws. Beginning with a historical overview of the expanding and contracting right to vote, particularly regarding its impact on African Americans, subsequent chapters use quantitative analysis to analyze the impact of identification requirement laws, proof-of-citizenship requirements, felony disenfranchisement, and gerrymandering. Before 2020, the impact of the laws leaned slightly negative but was mixed. More recent developments, however, point to a far more alarming implication--widespread belief in factually-baseless allegations of fraud, which undermines Americans' trust and faith in our constitutional democracy; these allegations reached a crescendo in 2021 as a violent mob seized the US Capitol. The book concludes with an afterword on the 2020 elections and their aftermath.