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Each chapter focuses on Supreme Court cases that enlarged the freedom that democracy generates. Fiss points to rulings that allowed citizens to vote, facilitated the exercise of their right to vote, ensured the equality of votes, and provided feasible access to the ballot for independent candidates and new political parties. He celebrates these decisions and at the same time insists upon shifting the ground upon which these decisions rest--from equal protection of the laws to the recognition of a federal constitutional right to vote. Given the threat of democratic backsliding in a nation that has the world's oldest democratic constitution, Fiss's analysis and message are more important than ever.
Owen Fiss is Sterling Profesor of Law, Yale Law School. Among his books are Liberalism Divided and The Irony of Free Speech.
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