ballot battles the history of disputed elections in the united states

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Ballot Battles

Author : Edward Foley
ISBN : 9780190235277
Genre : Election monitoring
File Size : 73. 41 MB
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"The 2000 presidential election, with its problems in Florida, was not the first major vote-counting controversy in the nation's history--nor the last. Ballot Battles traces the evolution of America's experience with these disputes, from 1776 to now, explaining why they have proved persistently troublesome and offering an institutional solution"--

Ballot Battles

Author : Edward Foley
ISBN : 9780190235291
Genre : Law
File Size : 38. 92 MB
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The 2000 presidential race resulted in the highest-profile ballot battle in over a century. But it is far from the only American election determined by a handful of votes and marred by claims of fraud. Since the founding of the nation, violence frequently erupted as the votes were being counted, and more than a few elections produced manifestly unfair results. Despite America's claim to be the world's greatest democracy, its adherence to the basic tenets of democratic elections-the ability to count ballots accurately and fairly even when the stakes are high-has always been shaky. A rigged gubernatorial election in New York in 1792 nearly ended in calls for another revolution, and an 1899 gubernatorial race even resulted in an assassination. Though acts of violence have decreased in frequency over the past century, fairness and accuracy in ballot counting nonetheless remains a basic problem in American political life. In Ballot Battles, Edward Foley presents a sweeping history of election controversies in the United States, tracing how their evolution generated legal precedents that ultimately transformed how we determine who wins and who loses. While weaving a narrative spanning over two centuries, Foley repeatedly returns to an originating event: because the Founding Fathers despised parties and never envisioned the emergence of a party system, they wrote a constitution that did not provide clear solutions for high-stakes and highly-contested elections in which two parties could pool resources against one another. Moreover, in the American political system that actually developed, politicians are beholden to the parties which they represent - and elected officials have typically had an outsized say in determining the outcomes of extremely close elections that involve recounts. This underlying structural problem, more than anything else, explains why intense ballot battles that leave one side feeling aggrieved will continue to occur for the foreseeable future. American democracy has improved dramatically over the last two centuries. But the same cannot be said for the ways in which we determine who wins the very close races. From the founding until today, there has been little progress toward fixing the problem. Indeed, supporters of John Jay in 1792 and opponents of Lyndon Johnson in the 1948 Texas Senate race would find it easy to commiserate with Al Gore after the 2000 election. Ballot Battles is not only the first full chronicle of contested elections in the US. It also provides a powerful explanation of why the American election system has been-and remains-so ineffective at deciding the tightest races in a way that all sides will agree is fair.

Ballot Battles

Author : Edward Foley
ISBN : 9780190235284
Genre : Law
File Size : 37. 18 MB
Format : PDF, ePub
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The 2000 presidential race resulted in the highest-profile ballot battle in over a century. But it is far from the only American election determined by a handful of votes and marred by claims of fraud. Since the founding of the nation, violence frequently erupted as the votes were being counted, and more than a few elections produced manifestly unfair results. Despite America's claim to be the world's greatest democracy, its adherence to the basic tenets of democratic elections-the ability to count ballots accurately and fairly even when the stakes are high-has always been shaky. A rigged gubernatorial election in New York in 1792 nearly ended in calls for another revolution, and an 1899 gubernatorial race even resulted in an assassination. Though acts of violence have decreased in frequency over the past century, fairness and accuracy in ballot counting nonetheless remains a basic problem in American political life. In Ballot Battles, Edward Foley presents a sweeping history of election controversies in the United States, tracing how their evolution generated legal precedents that ultimately transformed how we determine who wins and who loses. While weaving a narrative spanning over two centuries, Foley repeatedly returns to an originating event: because the Founding Fathers despised parties and never envisioned the emergence of a party system, they wrote a constitution that did not provide clear solutions for high-stakes and highly-contested elections in which two parties could pool resources against one another. Moreover, in the American political system that actually developed, politicians are beholden to the parties which they represent - and elected officials have typically had an outsized say in determining the outcomes of extremely close elections that involve recounts. This underlying structural problem, more than anything else, explains why intense ballot battles that leave one side feeling aggrieved will continue to occur for the foreseeable future. American democracy has improved dramatically over the last two centuries. But the same cannot be said for the ways in which we determine who wins the very close races. From the founding until today, there has been little progress toward fixing the problem. Indeed, supporters of John Jay in 1792 and opponents of Lyndon Johnson in the 1948 Texas Senate race would find it easy to commiserate with Al Gore after the 2000 election. Ballot Battles is not only the first full chronicle of contested elections in the US. It also provides a powerful explanation of why the American election system has been-and remains-so ineffective at deciding the tightest races in a way that all sides will agree is fair.

Vagrant Nation

Author : Risa Goluboff
ISBN : 9780199768448
Genre : Vagrancy
File Size : 73. 87 MB
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"In 1950s America, it was remarkably easy for police to arrest almost anyone for almost any reason. The criminal justice system-and especially the age-old law of vagrancy-played a key role not only in maintaining safety and order but also in enforcing conventional standards of morality and propriety. A person could be arrested for sporting a beard, making a speech, or working too little. Yet by the end of the 1960s, vagrancy laws were discredited and American society was fundamentally transformed. What happened? In Vagrant Nation, Risa Goluboff provides a truly groundbreaking account of this transformation. By reading the history of the 1960s through the lens of vagrancy laws, Goluboff shows how constitutional challenges to long-standing police practices were at the center of the multiple movements that made "the 1960s." Vagrancy laws were not just about poor people. They were so broad and flexible-criminalizing everything from immorality to wandering about-that they made it possible for the police to arrest anyone out of place in any way: Beats and hippies; Communists and Vietnam War protestors; racial minorities, civil rights activists, and interracial couples; prostitutes, single women, and gay men, lesbians, and other sexual minorities. As hundreds of these "vagrants" and their lawyers claimed that vagrancy laws were unconstitutional, the laws became a flashpoint for debates about radically different visions of order and freedom. In Goluboff's compelling portrayal, the legal campaign against vagrancy laws becomes a sweeping legal and social history of the 1960s. It touches on movements advocating everything from civil rights to peace to gay rights to welfare rights to cultural revolution. As Goluboff links the human stories of those arrested to the great controversies of the time, she makes coherent an era that often seems chaotic. She also powerfully demonstrates how ordinary people, with the help of lawyers and judges, can change the meaning of the Constitution. By 1972, the Supreme Court announced that vagrancy laws that had been a law enforcement staple for four hundred years were no longer constitutional. That decision, as well as the social movements and legal arguments that prompted it, has had major consequences for current debates about police power and constitutional rights. Clashes over everything from stop and frisk to homelessness to public protests echo the same tension between order and freedom that vagrancy cases tried to resolve. Since the early 1970s, courts, policymakers, activists, and ordinary citizens have had to contend with the massive legal vacuum left by vagrancy law's downfall. Battles over what, if anything, should replace vagrancy laws, like battles over the legacy of the sixties transformations themselves, are far from over"--

Broken Ballots

Author : Douglas Jones
ISBN : 1575866366
Genre : Political Science
File Size : 47. 72 MB
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For many of us, the presidential election of 2000 was a wake-up call. The controversy following the vote count led to demands for election reform. But the new voting systems that were subsequently introduced to the market have serious security flaws, and many are confusing and difficult to use. Moreover, legislation has not kept up with the constantly evolving voting technology, leaving little to no legal recourse when votes are improperly counted. How did we come to acquire the complex technology we now depend on to count votes? Douglas Jones and Barbara Simons probe this question, along with public policy and regulatory issues raised by our voting technologies. Broken Ballots is a thorough and incisive analysis of the current voting climate that approaches American elections from technological, legal, and historical perspectives. The authors examine the ways in which Americans vote today, gauging how inaccurate, unreliable, and insecure our voting systems are. An important book for election administrators, political scientists, and students of government and technology policy, Broken Ballots is also a vital tool for any voting American.

Changing How America Votes

Author : Todd Donovan
ISBN : 9781442276086
Genre : Political Science
File Size : 21. 58 MB
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Democracy requires conversations about how its practice can be improved. This is an enduring theme in American politics, and demands for change in how we conduct elections are highly salient today. The crisis of the 2000 presidential election generated demands for changes in election rules, but the response was muted. After 2000, several states adopted photo ID laws, and other rules that made it more difficult to vote. The 2010 Citizens United decision heralded in deregulation of campaign finance. The Voting Rights Act was weakened by The Court in 2013. More recently, the unprecedented presidential election of 2016 generated accusations from the left and right that America’s elections were ‘a rigged system’ of caucuses, conventions, and campaign finance desperately in need of reforms. Changing How America Votes is an edited volume comprised of 15 short substantive chapters on various specific reform topics that examine how electoral democracy in the United States is working, and how it might be improved. Editor Todd Donovan has written brief introductory and concluding chapters, and very brief introductions to the following three thematic sections that divide the readings accordingly: Voting and Participation: Changing Who Votes; Electoral Rules and Systems: Changing How We Vote; and Changing the Role of Parties and Money. In order to facilitate student learning and assist instructors’ ability to use the book, this edited volume reads as a coherent text. The contributors, many of whom are accomplished scholars, or who write frequent blog posts and Op-Ed pieces, were asked to write as accessibly as possible for an undergraduate audience, and address many of the following topics: • Why is this issue important? • What would a proposed reform look like? • What are arguments in favor of the proposal? • Is there evidence it might make a difference, and what difference would it make? • Beyond the evidence, is it the right thing to do? List of contributors: Joseph Anthony, Lonna Rae Atkeson, Matt Barreto , Brian Brox, Barry C. Burden, Jason S. Byers, Jamie L. Carson, Jason P. Casellas, Kellen Gracey, Wendy L. Hansen, Ron Hayduk, Jordan Hsu, David C. Kimball, Vladimir Kogan, Martha Kropf, Eric McGhee, Stephen Nuño, Drew Spencer Penrose, Rob Richie, Gabriel Sanchez, Shane P. Singh, Caroline J. Tolbert, Hannah Walker, Holly Whisman, and Kenicia Wright

The Virgin Vote

Author : Jon Grinspan
ISBN : 9781469627359
Genre : History
File Size : 55. 39 MB
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There was a time when young people were the most passionate participants in American democracy. In the second half of the nineteenth century--as voter turnout reached unprecedented peaks--young people led the way, hollering, fighting, and flirting at massive midnight rallies. Parents trained their children to be "violent little partisans," while politicians lobbied twenty-one-year-olds for their "virgin votes"—the first ballot cast upon reaching adulthood. In schoolhouses, saloons, and squares, young men and women proved that democracy is social and politics is personal, earning their adulthood by participating in public life. Drawing on hundreds of diaries and letters of diverse young Americans--from barmaids to belles, sharecroppers to cowboys--this book explores how exuberant young people and scheming party bosses relied on each other from the 1840s to the turn of the twentieth century. It also explains why this era ended so dramatically and asks if aspects of that strange period might be useful today. In a vivid evocation of this formative but forgotten world, Jon Grinspan recalls a time when struggling young citizens found identity and maturity in democracy.

Fraud Of The Century

Author : Roy Jr. Morris
ISBN : 9781416585459
Genre : History
File Size : 23. 9 MB
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In this major work of popular history and scholarship, acclaimed historian and biographer Roy Morris, Jr., tells the extraordinary story of how, in America's centennial year, the presidency was stolen, the Civil War was almost reignited, and black Americans were consigned to nearly ninety years of legalized segregation in the South. The bitter 1876 contest between Ohio Republican governor Rutherford B. Hayes and New York Democratic governor Samuel J. Tilden is the most sensational, ethically sordid, and legally questionable presidential election in American history. The first since Lincoln's in 1860 in which the Democrats had a real chance of recapturing the White House, the election was in some ways the last battle of the Civil War, as the two parties fought to preserve or overturn what had been decided by armies just eleven years earlier. Riding a wave of popular revulsion at the numerous scandals of the Grant administration and a sluggish economy, Tilden received some 260,000 more votes than his opponent. But contested returns in Florida, Louisiana, and South Carolina ultimately led to Hayes's being declared the winner by a specially created, Republican-dominated Electoral Commission after four tense months of political intrigue and threats of violence. President Grant took the threats seriously: he ordered armed federal troops into the streets of Washington to keep the peace. Morris brings to life all the colorful personalities and high drama of this most remarkable -- and largely forgotten -- election. He presents vivid portraits of the bachelor lawyer Tilden, a wealthy New York sophisticate whose passion for clean government propelled him to the very brink of the presidency, and of Hayes, a family man whose midwestern simplicity masked a cunning political mind. We travel to Philadelphia, where the Centennial Exhibition celebrated America's industrial might and democratic ideals, and to the nation's heartland, where Republicans waged a cynical but effective "bloody shirt" campaign to tar the Demo-crats, once again, as the party of disunion and rebellion. Morris dramatically recreates the suspenseful events of election night, when both candidates went to bed believing Tilden had won, and a one-legged former Union army general, "Devil Dan" Sickles, stumped into Republican headquarters and hastily improvised a devious plan to subvert the election in the three disputed southern states. We watch Hayes outmaneuver the curiously passive Tilden and his supporters in the days following the election, and witness the late-night backroom maneuvering of party leaders in the nation's capital, where democracy itself was ultimately subverted and the will of the people thwarted. Fraud of the Century presents compelling evidence that fraud by Republican vote-counters in the three southern states, and especially in Louisiana, robbed Tilden of the presidency. It is at once a masterful example of political reporting and an absorbing read.

Election Fraud

Author : R. Michael Alvarez
ISBN : 9780815701606
Genre : Political Science
File Size : 54. 86 MB
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Allegations of fraud have marred recent elections around the world, from Russia and Italy to Mexico and the United States. Such charges raise fundamental questions about the quality of democracy in each country. Yet election fraud and, more broadly, electoral manipulation remain remarkably understudied concepts. There is no consensus on what constitutes election fraud, let alone how to detect and deter it. E lection Fraud: Detecting and Deterring Electoral Manipulation brings together experts on election law, election administration, and U.S. and comparative politics to address these critical issues. The first part of the book, which opens with an essay by Craig Donsanto of the U.S. Department of Justice, examines the U.S. understanding of election fraud in comparative perspective. In the second part of the book, D. Roderick Kiewiet, Jonathan N. Katz, and other scholars of U.S. elections draw on a wide variety of sources, including survey data, incident reports, and state-collected fraud allegations, to measure the extent and nature of election fraud in the United States. Finally, the third part of the book analyzes techniques for detecting and potentially deterring fraud. These strategies include both statistical analysis, as Walter R. Mebane, Jr. and Peter Ordeshook explain, and the now widespread practice of election monitoring, which Alberto Simpser examines in an intriguing essay.

The Concept Of Cultural Genocide

Author : Elisa Novic
ISBN : 9780198787167
Genre :
File Size : 25. 34 MB
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Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.

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