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Article: Bush v. Gore: looking at Baker v. Carr in a conservative mirror.(federal judicial intervention in state electoral matters)
- Article from:
- Constitutional Commentary
- Article date:
- June 22, 2001
- Author:
CopyrightCOPYRIGHT 2001 Constitutional Commentary, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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A Southern state engages in electoral shenanigans, thereby precipitating a national crisis. Most United States Supreme Court Justices conclude that the ordinary political process will not remedy the problem. Unfortunately for them, the justiciability doctrines and federalism generally prohibit federal judicial intervention in state electoral matters, absent a clear and egregious violation of the Constitution (such as racial discrimination). Although the state's action strikes these Justices as unfair, it does not run afoul of any federal constitutional provision. Undaunted, they make up new equal protection law and hold that the state has failed to comply with it. Several ...