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This forthcoming book chapter defines the problem of diminished political competition, describes the relevant legal analogies concerning regulation of economic competition, and explains how the law shapes the competitive environment for elections. It also details how Supreme Court justices have sometimes tried to incorporate competitiveness concerns into their election law decisions in cases concerning ballot access, redistricting, campaign finance, party reform, and term limits. For the most part, constitutional law proves to be both a blunt and a coarse instrument for addressing excesses of partisan greed or self-interest, but justices of varying ideological leanings have invoked such concerns (usually in dissent) to highlight why one or another election law violates the Constitution.


Competition, Election Law

Publication Title

The Marketplace of Democracy

Publication Citation

In The Marketplace of Democracy (Michael McDonald & John Samples eds., Brookins 2006)