arrowSection 8.1 - Democracy & Constitutional Theory

This topic is monitored by Moritz Law Professor Edward B. Foley

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Although much of election law is detailed and technical, a significant portion of it derives from very general and abstract principles of political philosophy, like the equality of citizens in a democracy. This point is especially true of the U.S. Supreme Court's insistence that voting districts comply with the constitutional command of one-person-one-vote, which the Court derived as much from the Constitution's overarching commitment to a democratic system of government as from the specific text of the "equal protection" clause of the Fourteenth Amendment. Insofar as election law is rooted in such philosophical ideas, it is necessary to attend to debates and discussions among political philosophers concerning these ideas and their implications for the design of electoral systems.