Jump to ContentJump to Main Navigation
The Democratic ConstitutionExperimentalism and Interpretation$
Users without a subscription are not able to see the full content.

Brian E. Butler

Print publication date: 2017

Print ISBN-13: 9780226474502

Published to Chicago Scholarship Online: January 2018

DOI: 10.7208/chicago/9780226474649.001.0001

Show Summary Details
Page of

PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 03 April 2020

Citizens United

Citizens United

Chapter:
(p.128) Chapter Six Citizens United
Source:
The Democratic Constitution
Author(s):

Brian E. Butler

Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226474649.003.0007

Citizens United is an example of a case where the Supreme Court overruled a law created by democratically elected representatives in the name of democratic process. In this chapter the important First Amendment election finance case, Citizens United, is analyzed and critiqued through a survey of recent legal literature on the decision. In particular, the evaluations of Epstein, Dworkin and Robert C. Post are highlighted. Once a set of critiques are outlined, the issues of Citizens United are then analyzed under a democratic experimentalism framework. What is concluded is that the fact-based and experimental outlook of democratic experimentalism would help the Court avoid the dogmatic and authoritarian stance that the Citizens United opinion unfortunately exemplifies.

Keywords:   First Amendment, Citizens United, Post, Epstein, Dworkin, democratic experimentalism, campaign finance

Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.