The Real Enemies of Democracy

This article is a part of the 2020 Jorde Symposium. The other three pieces are linked below: The New Countermajoritarian Difficulty The New Pro-Majoritarian Powers Countering the Real Countermajoritarian Difficulty Professor Karlan argues that the Constitution is undemocratic and that the Supreme Court is not helping matters. There is some truth to those claims, but […]

Countering the Real Countermajoritarian Difficulty

This article is a part of the 2020 Jorde Symposium. The other three pieces are linked below: The New Countermajoritarian Difficulty The New Pro-Majoritarian Powers The Real Enemies of Democracy     Introduction Writing about the countermajoritarian difficulty is a rite of passage for constitutional law scholars. Indeed, the sheer number of articles that have […]

The New Pro-Majoritarian Powers

This article is a part of the 2020 Jorde Symposium. The other three pieces are linked below: The New Countermajoritarian Difficulty Countering the Real Countermajoritarian Difficulty The Real Enemies of Democracy In her Jorde Lecture, Pam Karlan paints a grim picture of American democracy under siege. Together, the malapportioned Senate, the obsolete Electoral College, rampant […]

The New Countermajoritarian Difficulty

This article is a part of the 2020 Jorde Symposium. The other three pieces are linked below: The New Pro-Majoritarian Powers Countering the Real Countermajoritarian Difficulty The Real Enemies of Democracy     Introduction The “countermajoritarian difficulty” was a central preoccupation for twentieth-century constitutional law scholars.[1] Alexander Bickel, who coined the phrase in The Least […]

Online Appendix—The Future of Felon Disenfranchisement Reform: Evidence from the Campaign to Restore Voting Rights in Florida

This is the appendix to The Future of Felon Disenfranchisement Reform: Evidence from the Campaign to Restore Voting Rights in Florida. Suggested Appendix Citation: Michael Morse, The Future of Felon Disenfranchisement Reform: Evidence from the Campaign to Restore Voting Rights in Florida, 109 Calif. L. Rev. 1143 app. (2021).       I. Campaign Finance […]

The Future of Felon Disenfranchisement Reform: Evidence from the Campaign to Restore Voting Rights in Florida

This Article offers an empirical account of felon disenfranchisement and legal financial obligations in the era of mass incarceration. It focuses on a 2018 ballot initiative, known as Amendment 4, which sought to end lifetime disenfranchisement in Florida. At the time, the Republican controlled state accounted for more than a quarter of the six million […]

Pathological Racism, Chronic Racism & Targeted Universalism

Race and law scholars almost uniformly prefer antisubordination to anticlassification as the best way to understand and adjudicate racism. In this short Essay, we explore whether the antisubordination framework is sufficiently capacious to meet our present demands for racial justice.  We argue that the antisubordination approach relies on a particular conception of racism, which we call pathological […]

Democracy’s Destiny

I swear to the Lord, I still can’t see, why Democracy means, everybody but me. —Langston Hughes From its beginning, America has had a paradoxical democracy, where “all men are created equal” while simultaneously denying the right to vote to anyone who was not White, male, or owned property. The pandemic exposed the fault lines […]

Democracy’s Denominator

What would happen if states stopped equalizing districts’ total populations and started equalizing their citizen voting-age populations (CVAPs) instead? This is not a fanciful question. Conservative activists have long clamored for states to change their unit of apportionment, and the Trump administration took many steps to facilitate this switch. Yet the question remains largely unanswered. […]

Bolstering Faith with Facts: Supporting Independent Redistricting Commissions with Redistricting Algorithms

Redistricting has seen progress in two seemingly distinct areas. On the technology side, a quantum leap in the development and maturation of redistricting algorithms has made it possible to generate and analyze large numbers of random, simulated districting plans that satisfy stated redistricting criteria. Analysis based on these algorithms and the simulated maps they drew […]