Author:Swiber, Patrick

Though our political system has resigned itself to languishing in a perpetual state of partisan malaise, this Issue arrives in the throes of a presidential campaign that has proven more unsavory than any pessimist could have predicted. With that commotion as our setting, we offer several Articles on the broad topic of election law. While much scholarship of late has not coincidentally focused on campaign finance, this Issue largely examines other developments in and aspects of this important area of law.

As an introduction to the high-level questions surrounding election regulation, we begin with a Foreword by someone who himself needs no introduction, Professor Charles Fried. Professors John Yoo and Saikrishna Prakash then consider and criticize the Supreme Court's recent decision in Arizona State Legislature v. Arizona Independent Redistricting Commission. Professor Derek Muller examines some of the history behind the Supreme Court's "one person, one vote" jurisprudence, including its newest addition in Evenwel v. Abbott. Continuing the consideration of recent Supreme Court developments, Professor Michael Dimino, Sr., compares the approach of the Court in Williams-Yulee v. Florida Bar to the earlier decision in Republican Party of Minnesota v. White. Professor Anthony Johnstone discusses the Constitution's Guarantee Clause and argues that states do and should play an important role in shaping the law governing state political processes. In our last Article of the Issue, Professor Michael Morley analyzes in-depth the implications of the injunctive remedies that courts often must fashion in constitutional cases, including those concerning election law.

This Issue also includes the Journal's first piece of student writing this year. James Fullmer, our Deputy Editor-in-Chief, explores recent...

To continue reading