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Dedication |
5 |
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CONTENTS |
6 |
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ACKNOWLEDGMENTS |
7 |
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CHAPTER ONE The Supreme Court and America’s Democracy Deficit |
12 |
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CHAPTER TWO The Court Supreme |
22 |
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A Political Question Raised by a Candidate with no Standing |
24 |
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Vote-Counting as Injury |
28 |
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What If It Had Been Gore v. Bush? |
31 |
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Bush v. Gore and the Dred Scott Decision: Which One’s Worse? |
34 |
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Hypocrisy or Reaction? |
36 |
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CHAPTER THREE Reading Democracy Out |
40 |
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The Missing Right to Vote in House and Senate Elections: Disenfranchisement in the District |
42 |
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Territorial Subjects: The People of Puerto Rico, American Samoa, Virgin Islands, and Guam |
45 |
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Former Felons |
47 |
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From Visionary to Laggard: America’s Missing Right to Vote in International Context |
49 |
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A Right-to-Vote Amendment |
52 |
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The Majority’s Missing Rlght to Rule |
54 |
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The Temporary “Vote Trading” Solution to the Problem of the Electoral College |
56 |
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The Electoral College and Political White Supremacy |
65 |
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The “Faithless Elector” |
70 |
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The Obsolete and Empty Arguments for the Electoral College |
70 |
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History |
70 |
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Federalism |
71 |
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The Popular Election of the President Amendment |
73 |
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CHAPTER FOUR Unequal Protection |
77 |
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The Voting Rights Act of 1965 |
77 |
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Shaw v. Reno and Miller v. Johnson |
81 |
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Racial Double Standards |
83 |
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Paradox and Contradiction |
87 |
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Political White Supremacy in the Age of “Color Blindness” |
93 |
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Turning the Fourteenth Amendment Inside Out |
97 |
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CHAPTER FIVE America’s Signature Exclusion |
99 |
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States Adding Unconstitutional Qualifications to Federal Officeholding: U.S. Term Limits v. Thornton and Cook v. Gralike |
101 |
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America’s Self-Appointed Political Establishment: The “Two-Party System” |
103 |
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The “Two-Party System” as an Empirical Political-Science Finding and Hypothesis |
104 |
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The “Two-Party System” as a Constitutional Claim |
105 |
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Dominance a Public Policy Objective and Defining Feature of Election Law... |
106 |
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The Unconstitutionality of Election Rules Favoring the “Two-Party System” |
107 |
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No Place on the Ballot: How Alternative Parties Are Suppressed |
108 |
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America’s Signature Fetish: Jenness v. Fortson |
110 |
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Cleansing and Gerrymandering the Ballot: The Court’s Disoriented Treatment of Ballot-Access Restrictions |
112 |
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Alleged State Interests in Cleansing the Ballot |
114 |
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Avoiding Confusion |
114 |
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Deception |
117 |
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Frustration of the Democratic Process |
118 |
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Some Preliminary Showing of a Modicum of Support |
118 |
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Avoiding the Presence of “Frivolous Candidacies” |
119 |
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Confusion about Fusion: Timmons v. Twin Cities Area New Party |
120 |
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Taking John Anderson’s Case Seriously |
123 |
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CHAPTER SIX “Arrogant Orwellian Bureaucrats” |
125 |
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The Special Interests10... |
128 |
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The Electoral-Industrial Complex: How the Commission on Presidential Debates Took Control |
132 |
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The 2000 Presidential Election and the Anheuser-Bush-Gore Debates |
136 |
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What’s Wrong with Debate Genymandering? The Fallacies of “Viability” and “Cacophony” |
140 |
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The “Viability” Test Reflects Viewpoint Discrimination |
140 |
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Why Don’t Democrats and Republicans Have to Be “Viable”? |
141 |
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Elections Serve Purposes Broader than Certifying the Candidate with the Most Votes on Election Day |
144 |
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The Cacophony Alibi |
145 |
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Corporate Democracy: What Is to Be Done? |
148 |
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CHAPTER SEVEN Schooling for Democracy |
150 |
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The Democracy of Everyday Life |
150 |
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West Virginia v. Barnette, Tinker v. Des Moines School District and the Right to Think for Yourself in School |
154 |
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The Lost Promise of Integration and Equality: Plessy, Brown, and Beyond |
161 |
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Constitutionalizing Custom: Plessy v. Ferguson |
162 |
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Integrated Learning: Brown v. Board of Education |
164 |
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Justice Collapsing: Milliken, Rodriguez, Freeman, and Jenkins |
166 |
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A National Movement for Constitutional Literacy |
172 |
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CHAPTER EIGHT Democracy and the Corporation |
177 |
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Are Private Corporations Private? |
178 |
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The Politics of Public Space: Marsh v. Alabama |
180 |
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Democracy Gives Way to the Perfect Shopping Environment: The Shopping Mall Cases |
182 |
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Why Laissez Isn’t Fair: Lochner v. New York and the Hidden Assumptions of Libertarianism |
185 |
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Corporate Power, Human Freedom, and Anti-Discrimination Law |
189 |
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The Borders of Democracy: First National Bank v. Bellotti, the Tillman Act of 1907 and Corporate Power in Public Elections |
191 |
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Democracy, Union Elections, and Corporate Speech |
200 |
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CHAPTER NINE Unflagging Patriotism |
204 |
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The Cosmetic Patriotism of the Flag Amendment |
206 |
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Political Repression and the “Living Flag” Fallacy |
208 |
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How the Court Defined Democratic Rights against Flag-Based Thought Control |
213 |
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Texas v. Johnson |
215 |
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What’s the Big Deal? |
218 |
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Why Do We Need a Flag Amendment? |
218 |
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Flag Boxers, Barbara Bush’s 1988 Inaugural Gown, and Fourth of July Napkins: What Is “Desecration”? |
220 |
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Any Use of the Flag for Business Advertising, Clothing, or Household Decor |
221 |
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Patriotic and Partisan Flag Desecration |
222 |
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Artistic and Cultural Flag Desecration |
223 |
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Flag-Stamp Cancellation, Virtual Flag-Burnings, and the Magritte Flag Paradox: What Is “The Flag”? |
223 |
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Why Not Ban the Confederate Flag? Taking Treasonous Flag Semiotics Seriously |
225 |
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CHAPTER TEN Democracy Rising |
227 |
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A Movement for a New Constitution |
228 |
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Who’s Afraid to Amend the Constitution? |
231 |
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A Movement for Democratic Political Reform under the Constitution |
233 |
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Representing Everyone: Proportional Representation |
233 |
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Replacing the “Wealth Primary” with the “Clean Money” Option |
238 |
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Noncitizen Voting |
242 |
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Conclusion: Unpacking the Court |
243 |
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NOTES |
246 |
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Chapter One: The Supreme Court and America’s Democracy Deficit |
246 |
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Chapter Two: The Court Supreme |
248 |
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Chapter Three: Reading Democracy Out |
251 |
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Chapter Four: Unequal Protection |
257 |
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Chapter Five: America’s Signature Exclusion: |
265 |
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Chapter Six: “Arrogant Orwellian Bureaucrats” |
268 |
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Chapter Seven: Schooling for Democracy |
274 |
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Chapter Eight: Democracy and the Corporation |
276 |
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Chapter Nine: Unflagging Patriotism |
280 |
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Chapter Ten: Democracy Rising |
283 |
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INDEX |
287 |
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More eBooks at www.ciando.com |
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