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Author Raskin, Jamin B
Title Overruling Democracy : The Supreme Court Versus the American People
Imprint Florence : Taylor & Francis Group, 2003
©2004
book jacket
Edition 1st ed
Descript 1 online resource (307 pages)
text txt rdacontent
computer c rdamedia
online resource cr rdacarrier
Note Book Cover -- Half-Title -- Title -- Copyright -- Dedication -- CONTENTS -- ACKNOWLEDGMENTS -- CHAPTER ONE The Supreme Court and America's Democracy Deficit -- CHAPTER TWO The Court Supreme -- A Political Question Raised by a Candidate with no Standing -- Vote-Counting as Injury -- Disenfiranchisement as Remedy -- What If It Had Been Gore v. Bush? -- Bush v. Gore and the Dred Scott Decision: Which One's Worse? -- Hypocrisy or Reaction? -- CHAPTER THREE Reading Democracy Out -- The Missing Right to Vote in House and Senate Elections: Disenfranchisement in the District -- Territorial Subjects: The People of Puerto Rico, American Samoa, Virgin Islands, and Guam -- Former Felons -- From Visionary to Laggard: America's Missing Right to Vote in International Context -- A Right-to-Vote Amendment -- The Majority's Missing Rlght to Rule -- The Temporary "Vote Trading" Solution to the Problem of the Electoral College -- The Electoral College and Political White Supremacy -- The "Faithless Elector" -- The Obsolete and Empty Arguments for the Electoral College -- History -- Federalism -- The Popular Election of the President Amendment -- CHAPTER FOUR Unequal Protection -- The Voting Rights Act of 1965 -- Shaw v. Reno and Miller v. Johnson -- Racial Double Standards -- Paradox and Contradiction -- Political White Supremacy in the Age of "Color Blindness" -- Turning the Fourteenth Amendment Inside Out -- CHAPTER FIVE America's Signature Exclusion -- States Adding Unconstitutional Qualifications to Federal Officeholding: U.S. Term Limits v. Thornton and Cook v. Gralike -- America's Self-Appointed Political Establishment: The "Two-Party System" -- The "Two-Party System" as an Empirical Political-Science Finding and Hypothesis -- The "Two-Party System" as a Constitutional Claim -- Dominance a Public Policy Objective and Defining Feature of Election Law..
The Unconstitutionality of Election Rules Favoring the "Two-Party System" -- No Place on the Ballot: How Alternative Parties Are Suppressed -- America's Signature Fetish: Jenness v. Fortson -- Cleansing and Gerrymandering the Ballot: The Court's Disoriented Treatment of Ballot-Access Restrictions -- Alleged State Interests in Cleansing the Ballot -- Avoiding Confusion -- Deception -- Frustration of the Democratic Process -- Some Preliminary Showing of a Modicum of Support -- Avoiding the Presence of "Frivolous Candidacies" -- Confusion about Fusion: Timmons v. Twin Cities Area New Party -- Taking John Anderson's Case Seriously -- CHAPTER SIX "Arrogant Orwellian Bureaucrats" -- The Special Interests10... -- The Electoral-Industrial Complex: How the Commission on Presidential Debates Took Control -- The 2000 Presidential Election and the Anheuser-Bush-Gore Debates -- What's Wrong with Debate Genymandering? The Fallacies of "Viability" and "Cacophony" -- The "Viability" Test Reflects Viewpoint Discrimination -- Why Don't Democrats and Republicans Have to Be "Viable"? -- Elections Serve Purposes Broader than Certifying the Candidate with the Most Votes on Election Day -- The Cacophony Alibi -- Corporate Democracy: What Is to Be Done? -- CHAPTER SEVEN Schooling for Democracy -- The Democracy of Everyday Life -- West Virginia v. Barnette, Tinker v. Des Moines School District and the Right to Think for Yourself in School -- The Lost Promise of Integration and Equality: Plessy, Brown, and Beyond -- Constitutionalizing Custom: Plessy v. Ferguson -- Integrated Learning: Brown v. Board of Education -- Justice Collapsing: Milliken, Rodriguez, Freeman, and Jenkins -- A National Movement for Constitutional Literacy -- CHAPTER EIGHT Democracy and the Corporation -- Are Private Corporations Private? -- The Politics of Public Space: Marsh v. Alabama
Democracy Gives Way to the Perfect Shopping Environment: The Shopping Mall Cases -- Why Laissez Isn't Fair: Lochner v. New York and the Hidden Assumptions of Libertarianism -- Corporate Power, Human Freedom, and Anti-Discrimination Law -- The Borders of Democracy: First National Bank v. Bellotti, the Tillman Act of 1907 and Corporate Power in Public Elections -- Democracy, Union Elections, and Corporate Speech -- CHAPTER NINE Unflagging Patriotism -- The Cosmetic Patriotism of the Flag Amendment -- Political Repression and the "Living Flag" Fallacy -- How the Court Defined Democratic Rights against Flag-Based Thought Control -- Texas v. Johnson -- What's the Big Deal? -- Why Do We Need a Flag Amendment? -- Flag Boxers, Barbara Bush's 1988 Inaugural Gown, and Fourth of July Napkins: What Is "Desecration"? -- Any Use of the Flag for Business Advertising, Clothing, or Household Decor -- Patriotic and Partisan Flag Desecration -- Artistic and Cultural Flag Desecration -- Flag-Stamp Cancellation, Virtual Flag-Burnings, and the Magritte Flag Paradox: What Is "The Flag"? -- Why Not Ban the Confederate Flag? Taking Treasonous Flag Semiotics Seriously -- CHAPTER TEN Democracy Rising -- A Movement for a New Constitution -- Who's Afraid to Amend the Constitution? -- A Movement for Democratic Political Reform under the Constitution -- Representing Everyone: Proportional Representation -- Replacing the "Wealth Primary" with the "Clean Money" Option -- Noncitizen Voting -- Conclusion: Unpacking the Court -- NOTES -- Chapter One: The Supreme Court and America's Democracy Deficit -- Chapter Two: The Court Supreme -- Chapter Three: Reading Democracy Out -- Chapter Four: Unequal Protection -- Chapter Five: America's Signature Exclusion: -- Chapter Six: "Arrogant Orwellian Bureaucrats" -- Chapter Seven: Schooling for Democracy
Chapter Eight: Democracy and the Corporation -- Chapter Nine: Unflagging Patriotism -- Chapter Ten: Democracy Rising -- INDEX
The Supreme Court has recently issued decisions announcing that citizens have neither a constitutional right to vote, nor the right to an education. Conservative judges have continually disavowed claims to any rights not specifically mentioned in the Constitution. In "Overruling Democracy, " celebrated law professor Jamin B. Raskin, argues that we need to develop a whole new set of rights, through amendments or court decisions, that revitalize and protect the democracy of everyday life. Detailing specific cases through interesting narratives, "Overruling Democracy" describes the transgressions of the Supreme Court against the Constitution and the people - and the faulty reasoning behind them -- and lays out the plan for the best way to back a more democratic system
Description based on publisher supplied metadata and other sources
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2020. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries
Link Print version: Raskin, Jamin B. Overruling Democracy : The Supreme Court Versus the American People Florence : Taylor & Francis Group,c2003 9780415934398
Subject United States. -- Supreme Court.;Political questions and judicial power -- United States
Electronic books
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