This panel has been asked to consider whether "the Constitution [is] responsible for electoral dysfunction."' My answer is no. The electoral process undeniably falls well short of our aspirations, but it strikes me that we should look to the Supreme Court for an accounting before blaming the Constitution for the deeply unsatisfactory condition in which we find ourselves.
Katz, Ellen D. "Election Law's Lochnerian Turn." B. U. L. Rev. 94, no. 3 (2014): 697-709.