If any area of constitutional adjudication requires philosophizing and a theory about politics, it is election law. Current election law adjudication is theoretically and perhaps even empirically rudderless, or it appeals to an implicit theory about American democracy that is incoherent and empirically deficient.
This Essay asserts the need for an American democratic theory of election law and begins to describe how such a theory might look.
Volume 164 Issue 2 2016 Essay