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Congressional And State Legislative Redistricting And Racial Vote Dilution Under Section 2 Of The Voting Rights Act Of 1965
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Book Synopsis Congressional and State Legislative Redistricting and Racial Vote Dilution Under Section 2 of the Voting Rights Act of 1965 by : Thomas M. Durbin
Download or read book Congressional and State Legislative Redistricting and Racial Vote Dilution Under Section 2 of the Voting Rights Act of 1965 written by Thomas M. Durbin and published by . This book was released on 1991 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Sued If You Do, Sued If You Don't by : Caroline A. Wong
Download or read book Sued If You Do, Sued If You Don't written by Caroline A. Wong and published by . This book was released on 2015 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt: "To avoid liability for vote dilution in violation of [Section] 2 of the Voting Rights Act, states officials sometimes engage in race-conscious remedial legislative districting. However, race-conscious remedial districting, while averting litigation over a [Section] 2 violation, simultaneously opens the door to a lawsuit in which an electoral district plan may be challenged as an unconstitutional racial classification under the Fourteenth Amendment's Equal Protection Clause. A state that finds itself in potential violation of [Section] 2 is thus placed in a seemingly "impossible position." Whether it decides to forgo or pursue race-conscious remedial districting, the state leaves itself exposed to liability for violating either [Section] 2 of the Voting Rights Act or the Equal Protection Clause, respectively. In an effort to resolve this predicament, a few states have responded to equal protection racial-gerrymandering challenges by arguing that compliance with [Section] 2 constitutes an affirmative defense against claims of race-conscious districting. Whether such a [Section] 2 defense is legally cognizable, however, is a question that remains unresolved. Both times that the issue of the defense's viability has been raised before the US Supreme Court, the justices have expressly declined to address it. As a result, state governments - as well as courts and districting-litigation plaintiffs - have been left without answers to critical questions about the extent to which [Section] 2 requires, justifies, or forbids the incorporation of race-conscious principles in the design of electoral districts. This Comment endeavors to address those questions. Part I canvasses the legislative history of [Section] 2 and overviews the doctrinal frameworks governing federal claims of vote dilution and racial gerrymandering. Part II examines the various attempts that states have made to raise the [Section] 2 defense in response to racial-gerrymandering and state-constitutional claims. Finally, Part III argues that [Section] 2 indeed offers a legally cognizable defense against claims of racial districting for doctrinal and normative reasons. It then envisages how courts could apply the [Section] 2 defense in a way that would benefit states raising the defense in good faith but filter out states merely seeking to evade liability for unjustifiable race-based action. In light of the defense's application in both the vote-dilution and racial-gerrymandering contexts, Part III also explains that states might avoid violations of both [Section] 2 and the Equal Protection Clause by creating racially integrated coalitional districts."
Book Synopsis Voting Rights and Redistricting in the United States by : Mark E. Rush
Download or read book Voting Rights and Redistricting in the United States written by Mark E. Rush and published by Praeger. This book was released on 1998-10-30 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: This up-to-date collection of essays addresses key elements of the law and politics of voting rights: the Supreme Court's jurisprudence, the impact of the Voting Rights Act, and the opportunities for enhanced minority representation posed by alternative electoral systems. This volume, comprised of contributions by leading legal and political science practitioners in the field of voting rights, will be a valuable resource to experienced researchers and newcomers to the field. It includes current assessments of the intricacies of the Supreme Court's decisions, current research on the impact of the the Voting Rights Act on the various minority groups it purports to assist, and critical analysis of the use of alternative electoral systems.
Book Synopsis The Future of the Voting Rights Act by : Sharyn O’Halloran
Download or read book The Future of the Voting Rights Act written by Sharyn O’Halloran and published by Russell Sage Foundation. This book was released on 2006-09-21 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Voting Rights Act (VRA) stands among the great achievements of American democracy. Originally adopted in 1965, the Act extended full political citizenship to African-American voters in the United States nearly 100 years after the Fifteenth Amendment first gave them the vote. While Section 2 of the VRA is a nationwide, permanent ban on discriminatory election practices, Section 5, which is set to expire in 2007, targets only certain parts of the country, requiring that legislative bodies in these areas—mostly southern states with a history of discriminatory practices—get permission from the federal government before they can implement any change that affects voting. In The Future of the Voting Rights Act, David Epstein, Rodolfo de la Garza, Sharyn O'Halloran, and Richard Pildes bring together leading historians, political scientists, and legal scholars to assess the role Section 5 should play in America's future. The contributors offer varied perspectives on the debate. Samuel Issacharoff questions whether Section 5 remains necessary, citing the now substantial presence of blacks in legislative positions and the increasingly partisan enforcement of the law by the Department of Justice (DOJ). While David Epstein and Sharyn O'Halloran are concerned about political misuse of Section 5, they argue that it can only improve minority voting power—even with a partisan DOJ—and therefore continues to serve a valuable purpose. Other contributors argue that the achievements of Section 5 with respect to blacks should not obscure shortcomings in the protection of other groups. Laughlin McDonald argues that widespread and systematic voting discrimination against Native Americans requires that Section 5 protections be expanded to more counties in the west. Rodolfo de la Garza and Louis DeSipio point out that the growth of the Latino population in previously homogenous areas and the continued under-representation of Latinos in government call for an expanded Section 5 that accounts for changing demographics. As its expiration date approaches, it is vital to examine the role that Section 5 still plays in maintaining a healthy democracy. Combining historical perspective, legal scholarship, and the insight of the social sciences, The Future of the Voting Rights Act is a crucial read for anyone interested in one of this year's most important policy debates and in the future of civil rights in America.
Book Synopsis The Voting Rights Act of 1965 by : United States Commission on Civil Rights
Download or read book The Voting Rights Act of 1965 written by United States Commission on Civil Rights and published by . This book was released on 1965 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Voting Rights Act of 1965 by : Kevin J. Coleman
Download or read book The Voting Rights Act of 1965 written by Kevin J. Coleman and published by CreateSpace. This book was released on 2015-01-02 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Voting Rights Act (VRA) was successfully challenged in a June 2013 case decided by the U.S. Supreme Court in Shelby County, Alabama v. Holder. The suit challenged the constitutionality of Sections 4 and 5 of the VRA, under which certain jurisdictions with a history of racial discrimination in voting-mostly in the South-were required to "pre-clear" changes to the election process with the Justice Department (the U.S. Attorney General) or the U.S. District Court for the District of Columbia. The preclearance provision (Section 5) was based on a formula (Section 4) that considered voting practices and patterns in 1964, 1968, or 1972. At issue in Shelby County was whether Congress exceeded its constitutional authority when it reauthorized the VRA in 2006-with the existing formula-thereby infringing on the rights of the states. In its ruling, the Court struck down Section 4 as outdated and not "grounded in current conditions." As a consequence, Section 5 is intact, but inoperable, unless or until Congress prescribes a new Section 4 formula.
Book Synopsis Redistricting in the New Millennium by : Peter F. Galderisi
Download or read book Redistricting in the New Millennium written by Peter F. Galderisi and published by Lexington Books. This book was released on 2005 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: The process and politics of redistricting have become more complicated over the years. This volume addresses that complication through a series of theoretical, historical, and case study essays.
Download or read book Party Lines written by Thomas E. Mann and published by Brookings Institution Press. This book was released on 2008-05-31 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legitimacy of the American electoral system depends on sustaining reasonable levels of fairness, accountability, responsiveness, and common sense. Recent Congressional elections fly in the face of those requirements, however, with a startling lack of competition, growing ideological polarization, and a fierce struggle between the parties to manipulate the electoral rules of the game. Party Lines addresses these problems head on in an authoritative and timely analysis of redistricting in the United States. The practice of state legislatures redrawing district lines after the decennial census has long been a controversial aspect of our governing system. Recent developments have added new urgency to earlier debates. The sorry spectacle of mid-decade partisan gerrymandering in Texas renewed public attention to the potential problems of redistricting, reinforcing the view that it is unfairly dominated by self-serving elected officials and parties. The perfunctory character of Congressional elections is another growing problem—in 2002, only four House incumbents were defeated in the general election, the lowest in American history. Despite a hotly contested presidential contest in 2004, that number increased by only three. In Pa rty Lines, eminent political analysts explain the legal and political history of redistricting since the one person–one vote revolution in the 1960s and place it in the larger context of American politics. The authors document the impact of redistricting on competition, polarization, and partisan fairness, and they assess the role technology played in the redistricting process. The final chapter analyzes options for reform, including most importantly the use of independent redistricting commissions as an alternative to the normal state legislative process. Redistricting reform is no panacea but it is a start toward ensuring that American voters still have the largest say in who will represent them. Contributors include Micah
Book Synopsis Race and Redistricting by : Tinsley E. Yarbrough
Download or read book Race and Redistricting written by Tinsley E. Yarbrough and published by . This book was released on 2002 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through much of the 1990s, a newly hatched snake wreaked political havoc in the South. When North Carolina gained a seat in Congress following the 1990 census, it sought to rectify a long-standing failure to represent African American voters by creating, under federal pressure, two "majority-minority" voting districts. One of these snaked along Interstate 85 for nearly two hundred miles—not much wider than the road itself in some places—and was ridiculed by many as one of the least compact legislative districts ever proposed. From 1993 to 2001, three intertwined cases went before the Supreme Court that decided how far a state could go in establishing voting districts along racial lines. Noted Supreme Court biographer Tinsley Yarbrough examines these closely linked landmark cases to show how the Court addressed the constitutionality of redistricting within the volatile contexts of civil rights and partisan politics. A suit was first filed by Duke University law professor Robinson Everett, a liberal who loathed discrimination but considered racially motivated redistricting a clear violation of the Fourteenth Amendment's equal protection clause. Yarbrough tells how Everett enlisted associates as plaintiffs and went on to win two Supreme Court victories in Shaw v. Reno (1993) and Shaw v. Hunt (1996)—both by 5-4 decisions. Following the creation of another "flawed" redistricting plan, he rounded up a new set of plaintiffs to take the battle back to the Supreme Court. But this time, in Easley v. Cromartie—on the swing vote of Justice Sandra Day O'Connor—the 5-4 vote went against him. Yarbrough shows the significant impact these cases have had on election law and the fascinating interplay of law, politics, and human conflict that the dispute generated. Drawing heavily on court records and on interviews with attorneys on both sides of the litigation, he relates a complex and intriguing tale about these protracted struggles. His cogent and balanced analysis considers whether the state legislature was wrong in using race as a measure for establishing the new district, or whether it was simply engaging in the time-honored practice of gerrymandering to ensure political balance. Race and Redistricting spotlights efforts to "racially engineer" voting districts in an effort to achieve fair representation. By examining one state's efforts to confront such dilemmas, it helps readers better understand future disputes over race and politics, as well as the ongoing debates over our "color-blind" constitution.
Book Synopsis The Voting Rights Act of 1965 by : Marsha Darling
Download or read book The Voting Rights Act of 1965 written by Marsha Darling and published by Routledge. This book was released on 2013-10-31 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political redistricting is one of the most controversial issues in contemporary American society. The practice of shaping voting districts to enhance the political representation of minorities at all levels of government emerged as a legal remedy for redressing the systematic historical exclusion of minority political representation. It continues to have vocal and active defenders and detractors to this day with court rulings upholding or challenging the practice every year. The controversies of redistricting have challenged America's commitment to participatory democracy and America's ability to account for its historical record of voting and racial discrimination. The legal and historical arguments addressing the policy of redistricting and the constitutional issues surrounding it revolve around interpretations of the Fifteenth Amendment and America's ability to accept or reject race-based solutions to political representstion. This three-volume set brings together all the major legal cases and the most influential articles on the legal and historical arguments surrounding this issue.
Book Synopsis Redistricting, Part Three by : Patricia Tierney
Download or read book Redistricting, Part Three written by Patricia Tierney and published by . This book was released on 1991 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Race and Redistricting in the 1990s by : Bernard Grofman
Download or read book Race and Redistricting in the 1990s written by Bernard Grofman and published by Algora Publishing. This book was released on 2003 with total page 842 pages. Available in PDF, EPUB and Kindle. Book excerpt: A portrait of how the 1990s round of redistricting treated the racial and linguistic minorities that had been given special protections by the Voting Rights Act of 1965, primarily African-Americans, but also Native Americans, Asian-Americans, and those of Spanish heritage. Throughout the volume, the primary focus is on the practical politics of redistricting and its consequences for racial representation. Almost all the authors have been directly involved in the 1990s redistricting process either as a legislator, a member of the Voting Rights Section of the Justice Department, a member of a districting commission, or, most commonly, as an expert witness or lawyer in voting rights cases. All bring to bear special insights as well as insider knowledge of Congressional and state redistricting.
Book Synopsis Prophylactic Redistricting? Congress's Section 5 Power and the New Equal Protection Right to Vote by : Michael Morley
Download or read book Prophylactic Redistricting? Congress's Section 5 Power and the New Equal Protection Right to Vote written by Michael Morley and published by . This book was released on 2018 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Voting Rights Act (VRA) has been an important mechanism for increasing participation by racial minorities in the electoral system. In recent years, however, the Supreme Court has demonstrated its willingness to reconsider the VRA's constitutionality. Due to the broad prophylactic scope of section 2 of the VRA, two main developments pose risks to its continued validity. First, the Supreme Court narrowed Congress's enforcement power under Section 5 of the Fourteenth Amendment in City of Boerne v. Flores, and is likely to interpret Section 2 of the Fifteenth Amendment similarly. Section 2 of the VRA features many key characteristics of statutes that the Court has held exceeded Congress's Enforcement Clause authority. The Court may nevertheless preserve section 2 by applying it in light of traditional remedial principles governing prophylactic injunctive relief. Section 2 would fit comfortably within Congress's authority if it were interpreted as prophylactically prohibiting constitutionally valid state laws, legislative maps, or other election-related measures only when those principles establish it is reasonably necessary to prevent violations of Fourteenth or Fifteenth Amendment rights. Second, ongoing evolution in equal protection jurisprudence calls into question measures such as section 2 of the VRA that provide prophylactic protection for certain groups. The Court has historically adopted a “pro-voting” conception of equal protection under which laws protecting voting rights only for certain people were generally upheld under rational basis scrutiny. Bush v. Gore laid the foundation for a “pro-equality” approach emphasizing that, because voting is a fundamental right, any distinctions among people concerning the right to vote are subject to strict scrutiny and likely invalid. The ongoing shift from a “pro-voting” to “pro-equality” equal protection norm reflects the Court's skepticism of legislative control over the electoral process, as well as its reformation of voting rights from a purely political issue into a constitutional one. A “pro-equality” conception of equal protection enhances courts' power to protect voting rights while reducing the ability of Congress and legislatures to do so.
Book Synopsis The Realists' Guide to Redistricting by : J. Gerald Hebert
Download or read book The Realists' Guide to Redistricting written by J. Gerald Hebert and published by American Bar Association. This book was released on 2000 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Congressional Redistricting by : David Butler
Download or read book Congressional Redistricting written by David Butler and published by Prentice Hall. This book was released on 1992 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Redistricting by : Charles S. Bullock
Download or read book Redistricting written by Charles S. Bullock and published by Rowman & Littlefield Publishers. This book was released on 2010 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book will prepare readers for the redistricting of congressional, state legislative, and local collegial bodies that will follow the 2010 Census. Almost every state legislature will devote extensive time to redrawing its own districts along with the state's congressional districts during 2010-2012. In addition, Charles S. Bullock reviews major court decisions that have set standards for redistricting, illustrates various gerrymandering techniques with helpful maps, and considers the consequences of past redistricting decisions. Book jacket.
