Weaponizing the Electoral System

Samuel Issacharoff, Stanford Law Review & The Stanford Law Review

Journal: Stanford Law Review

Volume: 74

Year: 2022

Bluebook Citation: 74 STAN. L. REV. (2022)

Author: Samuel Issacharoff: all 48 publications


Abstract

This Essay will examine the fragility of election structures that depend on bipartisan agreement to certain ground rules. I argue that democracies depend on two critical features: (1) a commitment to repeat play; and (2) institutional guardrails such that the majority (or even plurality) will win according to preset rules, but not win too much. The populist fervor of the times threatens both. This Essay explores how close to the abyss the election system came in 2020, and how delicate the balance remains going forward.

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