Subject: Re: McConnell v. FEC: The big picture
From: sjmulr@wm.edu
Date: 12/12/2003, 11:31 AM
To: ban@richardwinger.com
CC: Guy-Uriel Charles<gcharles@UMN.EDU>, election-law@majordomo.lls.edu

A number of posts on Vieth emphasize that there's no right to 
vote in the Constitution. I recognize this is true, and that 
a state legislature can abolish presidential elections if it 
wants.  But, the Constitution does require that members of 
Congress be elected, and there's the republican form of 
government clause.  So is judicial intervention such a 
stretch here? 

I'm surprised that so many people on the list take such a 
laissez faire approach re: partisan gerrymandering while 
apparently acquiescing in judicial intervention re: one-
person, one-vote and racial gerrymandering.  It seems to me 
that in terms of thwarting the popular will across a given 
State, partisan gerrymandering is more problematic than those 
other two types of redistricting problems.