The application of the Political Question Doctrine is at a crucial crossroads as the Supreme Court continues to test new "War on Terrorism" initiatives. Historically, the political question doctrine has held the courts from resolving constitutional issues that are better left to other departments of government, as a way of maintaining the system of checks and balances. However, the doctrine's many ambiguities have allowed a roughly defined juxtaposition of the branches of government during previous years when the Republic was concerned with both international matters and those within its continental confines. The Political Question Doctrine and the Supreme Court of the United States discusses the gradual changes in the parameters of the doctrine, including its current position dealing with increasingly extraterritorial concerns. Nada Mourtada-Sabbah and Bruce E. Cain bring together critical essays that examine the broad issues of judicial involvement in politics and the future of the doctrine. With a wide range of historical and theoretical perspectives, this book will stimulate debate among those interested in political science and legal studies.

Why now is the time to enshrine the right to vote in the Constitution Throughout history, too many Americans have been disenfranchised or faced needless barriers to vote. Part of the blame falls on the Constitution, which does not contain an affirmative right to vote. The Supreme Court has made matters worse by failing to protect voting rights and limiting Congress’s ability to do so. The time has come for voters to take action and push for an amendment to the Constitution that would guarantee this right for all. Drawing on troubling stories of state attempts to disenfranchise military voters, women, African Americans, students, former felons, Native Americans, and others, Richard Hasen argues that American democracy can and should do better in assuring that all eligible voters can cast a meaningful vote that will be fairly counted. He shows how a constitutional right to vote can deescalate voting wars between political parties that lead to endless rounds of litigation and undermine voter confidence in elections, and can safeguard democracy against dangerous attempts at election subversion like the one we witnessed in the aftermath of the 2020 presidential election. The path to a constitutional amendment is undoubtedly hard, especially in these polarized times. A Real Right to Vote explains what’s in it for conservatives who have resisted voting reform, and reveals how the pursuit of an amendment can yield tangible dividends for democracy long before ratification.

The application of the Political Question Doctrine is at a crucial crossroads as the Supreme Court continues to test new 'War on Terrorism' initiatives. Historically, the political question doctrine has held the courts from resolving constitutional issues that are better left to other departments of government, as a way of maintaining the system of checks and balances. However, the doctrine's many ambiguities have allowed a roughly defined juxtaposition of the branches of government during previous years when the Republic was concerned with both international matters and those within its continental confines. The Political Question Doctrine and the Supreme Court of the United States discusses the gradual changes in the parameters of the doctrine, including its current position dealing with increasingly extraterritorial concerns. Nada Mourtada-Sabbah and Bruce E. Cain bring together critical essays that examine the broad issues of judicial involvement in politics and the future of the doctrine. With a wide range of historical and theoretical perspectives, this book will stimulate debate among those interested in political science and legal studies.

The 2008 presidential nominations were unprecedented in many ways. Marking another step in the democratization of the selection process and a surprising loss of control by party elites, the contests in both parties were unusually competitive and the outcomes belied the predictions of experts. This book offers a fresh look at the role of parties, the constraints of campaign finance, the status of front-runners, and the significance of rules, race, and gender in the post-reform era. In this volume, leading scholars assess the state of the process with original research about money, scheduling, superdelegates, and the role of race and gender in voting. Original analyses show how changes in campaign finance and the scheduling of primaries and caucuses helped determined the outcomes in both parties. Race, once thought of as a handicap, proved an asset for the Obama campaign. 2008 marked another milestone in the democratization of the nominations process with expanded participation by rank and file voters in donating money, voting, and using the Internet. This timely book provides a glimpse into the future of party nominations and elections.

An informed and practical road map for controlling disinformation, embracing free speech, saving American elections, and protecting democracy   “Hasen puts forth a number of solid recommendations on how to combat disinformation.�—Richard Stengel, New York Times   “Hasen has written an extraordinary, thorough and fair examination of the impact of misinformation on democracy.�—Jeff Kosseff, Lawfare   What can be done consistent with the First Amendment to ensure that American voters can make informed election decisions and hold free elections amid a flood of virally spread disinformation and the collapse of local news reporting? How should American society counter the actions of people like former President Donald J. Trump, who used social media to convince millions of his followers to doubt the integrity of U.S. elections and helped foment a violent insurrection? What can we do to minimize disinformation campaigns aimed at suppressing voter turnout?   With piercing insight into the current debates over free speech, censorship, and Big Tech’s responsibilities, Richard L. Hasen proposes legal and social measures to restore Americans’ access to reliable information on which democracy depends. In an era when quack COVID treatments and bizarre QAnon theories have entered mainstream, this book explains how to assure both freedom of ideas and a commitment to truth.

"A hard-hitting critique of the American election process as timely as it is frightening. . . . Required reading for legislators and voters."-Kirkus Reviews, Starred Review From noted election law expert Rick Hasen comes a stark warning on the threats to American democracy in a time of foreign election interference and the coronavirus pandemic "A must-read. It's well-written, easy to read, informative and fair. But it doesn't pull punches."-Mark Caputo, on Twitter As the 2020 presidential campaign begins to take shape, there is widespread distrust of the fairness and accuracy of American elections. In this timely and accessible book, Richard L. Hasen uses riveting stories illustrating four factors increasing the mistrust. Voter suppression has escalated as a Republican tool aimed to depress turnout of likely Democratic voters, fueling suspicion. Pockets of incompetence in election administration, often in large cities controlled by Democrats, have created an opening to claims of unfairness. Old-fashioned and new-fangled dirty tricks, including foreign and domestic misinformation campaigns via social media, threaten electoral integrity. Inflammatory rhetoric about "stolen" elections supercharges distrust among hardcore partisans. Taking into account how each of these threats has manifested in recent years-most notably in the 2016 and 2018 elections-Hasen offers concrete steps that need to be taken to restore trust in American elections before the democratic process is completely undermined. This is an indispensable analysis, from the nation's leading election-law expert, of the key threats to the 2020 American presidential election.

Engaging but caustic and openly ideological, Antonin Scalia was among the most influential justices ever to serve on the United States Supreme Court. In this fascinating new book, legal scholar Richard L. Hasen assesses Scalia's complex legacy as a conservative legal thinker and disruptive public intellectual. The left saw Scalia as an unscrupulous foe who amplified his judicial role with scathing dissents and outrageous public comments. The right viewed him as a rare principled justice committed to neutral tools of constitutional and statutory interpretation. Hasen provides a more nuanced perspective, demonstrating how Scalia was crucial to reshaping jurisprudence on issues from abortion to gun rights to separation of powers. A jumble of contradictions, Scalia promised neutral tools to legitimize the Supreme Court, but his jurisprudence and confrontational style moved the Court to the right, alienated potential allies, and helped to delegitimize the institution he was trying to save.