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Essays on American Election Law
Essays on American Election Law
상세정보
- 자료유형
- 학위논문 서양
- 최종처리일시
- 20260202103136
- ISBN
- 9798311951692
- DDC
- 342.73
- 서명/저자
- Essays on American Election Law
- 발행사항
- [Sl] : Stanford University, 2025
- 발행사항
- Ann Arbor : ProQuest Dissertations & Theses, 2025
- 형태사항
- 143 p
- 주기사항
- Source: Dissertations Abstracts International, Volume: 86-12, Section: A.
- 주기사항
- Advisor: Rodden, Jonathan.
- 학위논문주기
- Thesis (Ph.D.)--Stanford University, 2025.
- 초록/해제
- 요약This dissertation studies two definitional aspects of American electoral institutions: their subjection to control by state and local governments, and their supervision by the courts. The three chapters, which are written in the form of papers, address three distinct arenas in which these features arise and interact.The first chapter addresses the history and meaning of the Federal constitution's Elections Clause, which assigns primary responsibility for determining the "Times, Places, and Manner" of elections to the House of Representatives to the "Legislatures" of each state. Gerrymandered state legislatures tend to favor Republican candidates. Because of the limited legislative capacity that results from state constitutional quirks like short legislative sessions, state legislatures must delegate some of their power to governors or other members of the state executive branch. Those executive officials, in turn, often occupy ideal points to the left of the median legislator, since their larger constituencies cannot be gerrymandered the way legislatures can. The result of these facts is that state executives often have incentives to use their delegated power in a manner that is perceived as favoring Democrats and hurting Republicans.To prevent executives and state courts from adopting what they perceive as unfaithful interpretations of state law, Federal courts have made dramatic incursions into what is normally an area of exclusive state jurisdiction, namely the interpretation of state election law. As part of that push, Federal courts have suggested that states' decisions to delegate emergency powers to state executives, or even interpretive power to state courts, could violate the requirement of the Elections Clause that only the "Legislature" of each state set its election rules. The notion that the states cannot allocate their legislative power as they see fit is a marked contrast to the usual idea that, "[t]hrough the structure of its government, and the character of those who exercise government authority, a State defines itself as a sovereign.Are the recent incursions on states' control over their allocation of legislative power consistent with early practice? I investigate the history of delegations by legislatures to state executives in the earliest years of the American Republic. I find that legislatures have long used delegation to achieve partisan goals associated with electoral institutions, like increasing turnout by expanding the number of polling sites, a policy that required giving Executive officials control over polling locations due to the limits of legislative capacity. I find that such delegations were never deemed to be constitutionally problematic, either in numerous challenges to those officials' decisions in Congress, or in court cases (although adjudications of electoral disputes were vanishingly rare in this period). This historical evidence casts doubt on certain Federal judges' suggestions that the Federal constitution constrains states from allocating lawmaking power across their governments as they see fit, and specifically suggests that judges are poorly positioned to lead the charge on constraining state power. It also suggests, as a matter of historical development, just how deeply rooted America's tradition of highly localized election administration is.The second chapter turns to another element of states' control over elections, namely their control over voter list maintenance.
- 일반주제명
- Election law
- 일반주제명
- Legislatures
- 일반주제명
- Referendums
- 일반주제명
- Law
- 일반주제명
- Political science
- 기타저자
- Stanford University.
- 기본자료저록
- Dissertations Abstracts International. 86-12A.
- 전자적 위치 및 접속
- 로그인 후 원문을 볼 수 있습니다.
MARC
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■00520260202103136
■006m o d
■007cr#unu||||||||
■020 ▼a9798311951692
■035 ▼a(MiAaPQ)AAI31974613
■035 ▼a(MiAaPQ)Stanfordhr326rs8086
■040 ▼aMiAaPQ▼cMiAaPQ
■0820 ▼a342.73
■1001 ▼aKrass, Mark Simon.
■24510▼aEssays on American Election Law
■260 ▼a[Sl]▼bStanford University▼c2025
■260 1▼aAnn Arbor▼bProQuest Dissertations & Theses▼c2025
■300 ▼a143 p
■500 ▼aSource: Dissertations Abstracts International, Volume: 86-12, Section: A.
■500 ▼aAdvisor: Rodden, Jonathan.
■5021 ▼aThesis (Ph.D.)--Stanford University, 2025.
■520 ▼aThis dissertation studies two definitional aspects of American electoral institutions: their subjection to control by state and local governments, and their supervision by the courts. The three chapters, which are written in the form of papers, address three distinct arenas in which these features arise and interact.The first chapter addresses the history and meaning of the Federal constitution's Elections Clause, which assigns primary responsibility for determining the "Times, Places, and Manner" of elections to the House of Representatives to the "Legislatures" of each state. Gerrymandered state legislatures tend to favor Republican candidates. Because of the limited legislative capacity that results from state constitutional quirks like short legislative sessions, state legislatures must delegate some of their power to governors or other members of the state executive branch. Those executive officials, in turn, often occupy ideal points to the left of the median legislator, since their larger constituencies cannot be gerrymandered the way legislatures can. The result of these facts is that state executives often have incentives to use their delegated power in a manner that is perceived as favoring Democrats and hurting Republicans.To prevent executives and state courts from adopting what they perceive as unfaithful interpretations of state law, Federal courts have made dramatic incursions into what is normally an area of exclusive state jurisdiction, namely the interpretation of state election law. As part of that push, Federal courts have suggested that states' decisions to delegate emergency powers to state executives, or even interpretive power to state courts, could violate the requirement of the Elections Clause that only the "Legislature" of each state set its election rules. The notion that the states cannot allocate their legislative power as they see fit is a marked contrast to the usual idea that, "[t]hrough the structure of its government, and the character of those who exercise government authority, a State defines itself as a sovereign.Are the recent incursions on states' control over their allocation of legislative power consistent with early practice? I investigate the history of delegations by legislatures to state executives in the earliest years of the American Republic. I find that legislatures have long used delegation to achieve partisan goals associated with electoral institutions, like increasing turnout by expanding the number of polling sites, a policy that required giving Executive officials control over polling locations due to the limits of legislative capacity. I find that such delegations were never deemed to be constitutionally problematic, either in numerous challenges to those officials' decisions in Congress, or in court cases (although adjudications of electoral disputes were vanishingly rare in this period). This historical evidence casts doubt on certain Federal judges' suggestions that the Federal constitution constrains states from allocating lawmaking power across their governments as they see fit, and specifically suggests that judges are poorly positioned to lead the charge on constraining state power. It also suggests, as a matter of historical development, just how deeply rooted America's tradition of highly localized election administration is.The second chapter turns to another element of states' control over elections, namely their control over voter list maintenance.
■590 ▼aSchool code: 0212.
■650 4▼aElection law
■650 4▼aLegislatures
■650 4▼aReferendums
■650 4▼aLaw
■650 4▼aPolitical science
■690 ▼a0398
■690 ▼a0615
■71020▼aStanford University.
■7730 ▼tDissertations Abstracts International▼g86-12A.
■790 ▼a0212
■791 ▼aPh.D.
■792 ▼a2025
■793 ▼aEnglish
■85640▼uhttp://www.riss.kr/pdu/ddodLink.do?id=T17357132▼nKERIS▼z이 자료의 원문은 한국교육학술정보원에서 제공합니다.


