Democracy Matters - Episode 46: Compromise Is Fruitful and Conflict Is Destructive

How are election-related legal challenges impacting democratic practices and processes? Should we be concerned about how legal challenges made by President Trump’s campaign to challenge results in key states combined with the spread of false information and unfounded claims of fraud might undermine trust in elections and political institutions? Why can efforts to deter fraudulent voters make matters worse? How should we be thinking about rights to give and spend money in connection with elections? And how can so called “culture war” cases be adjudicated in courts? 

In this episode, we talk with election legal expert, Dr. Michael Gilbert, the Martha Lubin Karsh and Bruce A. Karsh Bicentennial Professor of Law, and Director of the Center for Public Law and Political Economy at the University of Virginia. 

Links in this episode:

• Michael Gilbert, “The Problem of Voter Fraud,” Columbia Law Review
• Michael Gilbert and Charles Barzun, “Conflict Avoidance in Constitutional Law”
• Purcell Principle 
• Citizens United v. Federal Election Commission
• CLEAR
• Corruption and institutional decay, Miller Center for Public Affairs