Why We Vote
Series: Inalienable Rights;
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Product details:
- Publisher OUP USA
- Date of Publication 1 May 2024
- ISBN 9780197746387
- Binding Hardback
- No. of pages184 pages
- Size 203x147x33 mm
- Weight 318 g
- Language English 558
Categories
Short description:
In Why We Vote, renowned legal scholar Owen Fiss offers a bold and daring reconstruction of judicial doctrine that underscores the US Constitution's commitment to the expansion of democracy. Each chapter points to landmark Supreme Court decisions that have either enhanced the citizens' enjoyment of the right to vote or guaranteed feasible access to the ballot for independent candidates and new political parties. Fiss also shifts the focus from equal protection of the laws to the freedom that democracy generates--the right of those who are ruled to choose their rulers.
MoreLong description:
In Why We Vote, renowned legal scholar Owen Fiss offers a bold and daring reconstruction of judicial doctrine that gives expression to the democratic aspirations of the US Constitution. Fiss argues that embedded within the Constitution is a commitment to democracy, and that over the course of the twentieth century, the Supreme Court brought to fruition the principle that allows those who are ruled to choose their rulers.
Each chapter focuses on Supreme Court cases that enlarged the freedom that democracy generates. Fiss points to rulings that allowed citizens to vote, facilitated the exercise of their right to vote, ensured the equality of votes, and provided feasible access to the ballot for independent candidates and new political parties. He celebrates these decisions and at the same time insists upon shifting the ground upon which these decisions rest--from equal protection of the laws to the recognition of a federal constitutional right to vote. Given the threat of democratic backsliding in a nation that has the world's oldest democratic constitution, Fiss's analysis and message are more important than ever.
Owen Fiss is the acknowledged master of purpose-driven constitutional interpretation. In this crucial book, he focuses on democracy itself, urging the courts to adopt a systemic approach to treating voting as the right at the core of our democratic Constitution. Why We Vote shows that Fiss's unique combination of moral vision and legal virtuosity is as essential, and as powerful, as ever.
Table of Contents:
Series Editor's Foreword
Introduction: Democracy as a Source of Freedom
Chapter 1. The Constitutional Character of Our Democracy
Chapter 2. Extending the Franchise
Chapter 3. The Duty of Facilitation
Chapter 4. The Equality of Votes
Chapter 5. The Constraints of the Ballot
Conclusion: Is the Law of Democracy Really Law?
Acknowledgments
Notes
Index
Topographic Memory and Victorian Travellers in the Dolomite Mountains: Peaks of Venice
