Combatting Extremism

Pildes, Richard H.

Journal: Florida Law Review

Volume: 76

First Page: 1583

Year: 2024

Bluebook Citation: 76 FLA. L. REV. 1583 (2024)

Author: Richard H. Pildes: all 37 publications


Abstract

Few of us are happy with the state of American democracy. Our political institutions appear dysfunctional and our political culture more generally has become increasingly toxic and tribalistic. Our current election structures make it too easy for extreme or factional candidates to win office even when they lack the support of electoral majorities. Additionally, our current system also creates incentives for candidates and those in government to be more responsive to the ideological wings of the parties, rather than to citizens more generally.

I want to help shift the focus of election law from rules about voting policy and doctrinal concerns such as the Anderson-Burdick test to a focus on how the way we structure the democratic process affects the kind of government and governance we get. Ultimately, the purpose of rules and policies about the political process is to empower a government that is not only legitimate but also effective at responding to the interests and concerns of citizens.

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