The William and Mary Bill of Rights Journal

Provides articles on constitutional law.

Articles from Vol. 17, No. 2, December

A Constitutional Anomaly: Safeguarding Confidential National Security Information within the Enigma That Is the American Vice Presidency
INTRODUCTIONThe American vice presidency has undergone a dramatic transformation since its inception at the Constitutional Convention in 1787. From the nation's most qualified and influential citizens, to obscure and unimpressive unknowns, different...
Early Voting Reforms and American Elections
INTRODUCTIONThe United States is in the midst of a reform era. After the controversy surrounding the 2000 election results, Congress passed the Help America Vote Act (HAVA) of 2002. x As a result of HAVA, every state in the nation was required to establish...
Gatekeeping vs. Balancing in the Constitutional Law of Elections: Methodological Uncertainty on the High Court
ABSTRACTThis Essay examines the methodological upheaval created by the quartet of constitutional election law cases decided during October Term 2007. Prior to this Term, the ascendant analytic approach called for a threshold characterization of the burden...
Giving Dissenters Back Their Rights: How the White House Presidential Advance Manual Changes the First Amendment and Standing Debates
INTRODUCTIONRestriction of free thought and free speech is the most dangerous of all subversions. It is the one un-American act that could most easily defeat us.- William O. Douglas1In September 2007, the Presidential Advance Manual (the Manual),2 outlining...
Introduction: How We Vote: Electronic Voting and Other Voting Practices in the United States
In recent years, election law has assumed a particularly prominent role in American political life.1 For example, election-related litigation has sharply increased during the past decade, and the winner of a number of high-profile elections has been...
Machine Errors and Undervotes in Florida 2006 Revisited*
ABSTRACTThe 2006 election for U.S. House of Representatives District 13 in Sarasota County, Florida, attracted extensive controversy because an unusually high proportion of the ballots cast lacked a vote for that office, and the unusual number of undervotes...
The Case of the Disappearing Votes: Lessons from the Jennings V. Buchanan Congressional Election Contest
The November 2006 congressional balloting in Florida' s Thirteenth District was a model for how not to conduct an election. The final margin was less than 400 votes out of nearly a quarter million total ballots cast.1 But the candidate who officially...
Voter Registration and Election Reform
Voter registration matters. Political candidates, parties, and advocacy groups have always understood this, devoting a great deal of time and resources to ensuring that their supporters are registered.1 Less nobly, there have been frequent attempts by...
Voting System Risk Assessment Via Computational Complexity Analysis
ABSTRACTAny voting system must be designed to resist a variety of failures, ranging from inadvertent misconfiguration to intentional tampering. The problem with conducting analyses of these issues, particularly across widely divergent technologies, is...
Voting Technology and the 2008 New Hampshire Primary*
EXECUTIVE SUMMARYWe address concerns that the reported vote counts of candidates running in the 2008 New Hampshire presidential primaries were affected by the vote-tabulating technologies used across New Hampshire.* In the Democratic primary, Hillary...