Presidents have been given too much room for abuse.
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Road Map to a Safe and Secure Election
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In 2020, we didn’t see the unprecedented January 6 attack on the Capitol coming. If election deniers succeed in destroying American democracy this year, we can’t make the same excuses. There has been some progress made in shoring up the system, such as updating the Electoral Count Act to clarify presidential transition procedures. And legal accountability for many of those involved in the attempted coup is moving forward. But that isn’t nearly enough. State legislators and members of Congress all have major roles to play in defending against election denial and election sabotage
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Is Trump Eligible to Be on the Ballot?
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Donald Trump has asked a state court in Maine to overturn the secretary of state’s decision to bar him from the Republican primary ballot because of his role in January 6. Two state supreme courts have already ruled on the matter, reaching opposite conclusions. The Colorado Supreme Court found Trump ineligible, while Minnesota’s high court concluded that determining eligibility for the primaries falls to political parties, not the courts. Amid calls for the U.S. Supreme Court to step in and resolve this issue soon, a State Court Report analysis examines why the two state supreme courts came out on different sides
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The Danger of Presidential Emergency Powers
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Congress gives the president extraordinary powers to address emergencies. Inadequate checks on this authority have given presidents too much room to abuse it, and many have used emergency powers to sidestep Congress on policy issues. Unless Congress reforms this system, a future president could leverage these powers to undermine democracy itself
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Encouraging Trends for the Right to Vote
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Even as several state legislatures continued to attack voting rights last year, their efforts were countered by a flourishing pro-democracy movement that pushed many states in the right direction. Between January and October 2023, nearly two dozen states enacted 47 laws to expand access to the ballot box. Congress must follow their lead and pass robust federal legislation to ensure that the franchise is protected nationwide
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Preview of Congressional Maps in 2030
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New population estimates released by the Census Bureau suggest that the next congressional reapportionment could bring about profound shifts in political power. If current trends continue for the rest of the decade, rapid population growth in the South will grant states in the region greater representation in the House, while population declines in states including New York, Illinois, and California will lead them to lose several seats. Given the South's record on gerrymandering, the result will have major ramifications for fair representation
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The Path to Environmental Democracy
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Governments across the country and the globe are implementing processes aimed at allowing the public to shape climate policies — a model known as environmental democracy. But barriers often prevent young activists, particularly those from marginalized backgrounds, from truly making their voices heard in these local processes. Policymakers should improve how they engage constituents in environmental decision-making to ensure that policies serve all community members effectively
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BRENNAN CENTER ON SOCIAL MEDIA
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Harassment of election officials is on the rise. Find out what’s driving the increase >>
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Brennan Center for Justice at NYU School of Law
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