Many state constitutions contain a Free Elections Clause that requires that "elections ought to be free." The function of these clauses is to prevent disenfranchisement through gerrymandering and other tactics. This paper traces the origins of this phrase to the constitutional settlement of 1688, and before that to the First Statute of Westminster of 1275. The 750 year history shows the vitality of the clause to present day voting rights contests.Download the article from SSRN at the link.
August 28, 2024
Plambeck on The Constitutional History of the Free Elections Clause @unc_law
Charles Plambeck, University of North Carolina School of Law, is publishing The Constitutional History of the Free Elections Clause in volume 103 of the North Carolina Law Review. Here is the abstract.
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