Download or read book Political Gerrymandering and the Courts written by Bernard Grofman and published by Algora Publishing. This book was released on 2003 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is motivated by three concerns. First is the belief that the issue of political gerrymander will play a significant (although far from dominant) role in redistricting litigation in the 1990s and thereafter. In the 1980s, the legislative and/or congressional redistricting plans of all but a handful of states were subject to lawsuits (Grofman, 1985a). Many of these lawsuits involved the issue of racial vote dilution (Grofman, Migalski, and Noviello, 1985). In the 1980s hundreds of local jurisdictions that used at-large or multimember district elections had their electoral system challenged OCo and most of the jurisdictions under challenge were forced to change their system to a single-member district plan that was not dilutive of minority voting strength (see, e.g., Brischetto and Grofman, 1988). Although partisan gerrymandering is less prevalent than racial vote dilution, in the 1990s we can expect to see challenges to partisan gerrymandering like those in the 1980s to racial vote dilution. In particular, numerous local jurisdictions that use partisan multimember district or at-large elections may be subject to challenge. Second, in commissioning essays I sought to involve a number of the leading scholars in the field so as to put together a largely selfcontained compendium of the major points of view on how issues of partisan gerrymandering are to be litigated. While the ultimate issues in constitutional interpretation are ones that the Supreme Court must resolve, and these will be resolved only after an extensive series of case-by-case adjudications-just as the actual numerical features of the one person, one vote standard evolved only in the decade of litigation after Baker v. Carr (Grofman, 1989a) OCo there is an important role for social scientists to play. Social science testimony proved important in the area of racial vote dilution by aiding courts to interpret the provisions of the Voting Rights Acts (e.g., in defining the operational meaning of terms like racially polarized voting; Grofman, Migalski, and Noviello, 1985; Grofman, 1989b). In like manner, I believe that research by social scientists will aid attorneys and the federal courts in specifying manageable standards to define and measure the effects of partisan gerrymandering. I hope this volume will prove instrumental as the beginning of such a dialogue. The third concern that motivated this volume is my view that egregious partisan gerrymandering is a violation of the Fourteenth Amendment rights of political groups, and that it is both appropriate and necessary for courts to intervene when such rights are significantly impaired. However, I recognize that the courts must steer a careful line so as to avoid encouraging frivolous lawsuits, while at the same time sending a clear message to potential gerrymanders that intentional egregious political gerrymanders, which eliminate competition and are built to be resistant to electoral tides, will be struck down. Court intervention to end egregious partisan gerrymandering is necessary for a number of reasons."
Download or read book Ground War written by Assistant Professor of Political Science Nicholas Goedert and published by Oxford University Press. This book was released on 2022-03 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Partisan gerrymandering, the drawing of legislative district lines to deliberately favor one political party, has been present and controversial in American politics since before the ratification of our Constitution. Yet in the past couple of decades, parties in power at the state level have developed greater expertise than ever before at redistricting to their own advantage. In Ground War, Nicholas Goedert tackles the controversies, litigation, and effects surrounding partisan gerrymandering of the US Congress. Using multiple empirical approaches and a novel metric to measure the partisan fairness of maps, Goedert argues that nonpartisan redistricting commisions, rather than the US courts, represent the best alternative to legislative redistricting." -- back cover.
Download or read book Gerrymandering in America written by Anthony J. McGann and published by Cambridge University Press. This book was released on 2016-04-04 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the political and constitutional consequences of Vieth v. Jubelirer (2004), where the Supreme Court held that partisan gerrymandering challenges could no longer be adjudicated by the courts. Through a rigorous scientific analysis of US House district maps, the authors argue that partisan bias increased dramatically in the 2010 redistricting round after the Vieth decision, both at the national and state level. From a constitutional perspective, unrestrained partisan gerrymandering poses a critical threat to a central pillar of American democracy, popular sovereignty. State legislatures now effectively determine the political composition of the US House. The book answers the Court's challenge to find a new standard for gerrymandering that is both constitutionally grounded and legally manageable. It argues that the scientifically rigorous partisan symmetry measure is an appropriate legal standard for partisan gerrymandering, as it logically implies the constitutional right to individual equality and can be practically applied.
Download or read book The Appearance of Equality written by Christophe M. Burke and published by Bloomsbury Publishing USA. This book was released on 1999-06-30 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the language of law in the area of political representation, this book considers the development and recognition of group claims brought pursuant to the Voting Rights Act and the Equal Protection Clause in Supreme Court opinions. In his analysis, Burke highlights the different, discursive strategies, broadly identified as liberal and communitarian, used by the Supreme Court to justify the outcomes of various cases, and he argues that no particular strategy of justification is inherently politically conservative or liberal and that no conception of political representation is unassailable. Therefore, it is unlikely that the Supreme Court will articulate a stable measure of fair representation. The Supreme Court offers one more forum in the deliberation over what is fair representation; however, it is not likely to provide minority communities with a legal answer to the problem of political underrepresentation. As such, this book tells the uncertain story of the creation of political fairness by the Supreme Court. The language used to characterize what is fair and representative, and the theoretical designs which the rhetoric reflects, allows us to formulate concepts of fair representation as legal standards evolve. By placing the debate over fair representation in not only political and legal but also philosophical terms, we are better able to understand the inevitable tensions that drive the concept of representation into new, ill-defined, and contentious areas.
Download or read book The Fight to Vote written by Michael Waldman and published by Simon and Schuster. This book was released on 2022-01-18 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: On cover, the word "right" has an x drawn over the letter "r" with the letter "f" above it.
Download or read book Gerrymandering written by Franklin L. Kury and published by Rowman & Littlefield. This book was released on 2018-05-18 with total page 133 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the spring of 2018 the U.S. Supreme Court will render a decision in the Wisconsin gerrymandering case that could have a revolutionary impact on American politics and how legislative representation is chosen. Gerrymandering! A Guide to Congressional Redistricting, Dark Money and the Supreme Court is a unique explanation to understand and act on the Court’s decision, whatever it may be. After describing the importance of legislative representation, the book describes the anatomy of a redistricting n Pennsylvania. That is followed by a review of legislative redistricting in American history and the Supreme Court’s role throughout. The book relates what has happened to the efforts to bring changes to redistricting through the legislatures, including the unseen but omnipresent use of dark money to oppose reforms. The penultimate chapter analyzes the Wisconsin case now pending in the Supreme Court and concludes that anyone relying on the Court’s decision is relying on a firm maybe. Following the text is a Citizen’s Toolbox with which readers throughout the country can evaluate the redistricting situation in their states. The Toolbox is replete with useful information gerrymandering. There are numerous books that tell how bad gerrymandering is, but my book is different, much different. Unlike the others, this book analyzes gerrymandering as developed through the force of history, the hardball politics of state legislatures and scantily disclosed campaign expenditures to maintain it, and the daunting legal challenge for those who want the Supreme Court to adopt a new national standard for determining when gerrymandering is unconstitutional as a violation of the Equal Protection Clause of the 14th Amendment. The daunting challenges is to show the Court that a mathematical formula, such as the efficiency gap formula, is a valid method to measure violations of the 14th amendment’s guarantee that every citizen be given equal protection of the law.
Download or read book Partisan Gerrymandering and the Construction of American Democracy written by Erik J. Engstrom and published by University of Michigan Press. This book was released on 2013-09-30 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the nation’s founding, the strategic manipulation of congressional districts has influenced American politics and public policy
Download or read book Election Law and Litigation written by Edward B. Foley and published by Aspen Publishing. This book was released on 2021-08-23 with total page 1103 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Election Law and Litigation: The Judicial Regulation of Politics
Download or read book The Partisan Court written by Ryan J. Rebe and published by Rowman & Littlefield. This book was released on 2021-10-11 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Era of Political Partisanship on the U.S. Supreme Court challenges conventional notions of consensus-building and neutral decision-making on the U.S. Supreme Court and argues that the justices vote their partisan preferences on election law cases. By focusing specifically on election law, Rebe reveals a consistent pattern of partisanship on the Court. The findings controvert popular perceptions of non-biased decision-making and fundamental fairness. The aggregate analysis shows that the justices vote along party-lines in a majority of election law cases, and consensus-building is rare when there is a contentious electoral issue at stake. Moreover, these decisions often conflict with principles of stare decisis, originalism, or judicial restraint. The topics covered include: gerrymandering, campaign finance, voter ID laws, and mail-in voting, among others. Rebe also conducts a content analysis of the most controversial election law cases of the past twenty years, such as: Vieth v. Jubelirer, Crawford v. Marion County, Citizens United v. FEC, and Shelby County v. Holder. This book provides a thorough overview of two decades of election law cases and sheds light on the impact these decisions have had on remaking America’s electoral institutions.
Download or read book Courts and Legislatures in the political Thicket written by Jeremy Buchman and published by . This book was released on 1999 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Gobbledygook written by Michael Gentithes and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In finding that extreme partisan gerrymandering is a non-justiciable political question in Rucho v. Common Cause, the Supreme Court fixated upon the lack of judicially manageable standards to evaluate their constitutionality. The decision culminated the Court's recent reinforcement of that manageability focus in partisan gerrymandering cases, with Chief Justice Roberts even calling efforts to numerically calculate the extremity of such gerrymandering “sociological gobbledygook.” Such belabored fears about manageability misread the questions in the political question doctrine. The doctrine requires the Justices to initially ask, as a normative matter, whether the judiciary should resolve the controversy in our constitutional system, and only then to consider practical manageability concerns. The Court has taken the reverse approach, failing to acknowledge the damage extreme partisan gerrymandering does to our representative democracy of separated powers. The Court has also used an incoherent understanding of manageability that moves the goalposts for those that would measure and control partisan gerrymandering. In turn, the Court has first demanded more precise standards, then required more malleable ones. That impossibly exacting standard for standards is out of step with constitutional jurisprudence of similarly broad impact, such as Second and Fourth Amendment law, reapportionment cases, and racial gerrymandering.The Rucho Court should have tackled the normative question directly, finding that extreme partisan gerrymandering is an existential threat to our tripartite government. It exacerbates legislative gridlock, forcing an overburdened judiciary to act as the primary agent of legal change. The Court should then have relaxed its demands for manageable standards. Manageability is a sliding scale; where an issue is normatively vital to democracy's future, the Justices should experiment with malleable standards. Adjudicating these cases with imperfect standards would have unleashed human capital to help repair the partisan rot in our democracy.
Download or read book Gerrymandering the States written by Alex Keena and published by Cambridge University Press. This book was released on 2021-07-22 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: State legislatures are tasked with drawing state and federal districts and administering election law, among many other responsibilities. Yet state legislatures are themselves gerrymandered. This book examines how, why, and with what consequences, drawing on an original dataset of ninety-five state legislative maps from before and after 2011 redistricting. Identifying the institutional, political, and geographic determinants of gerrymandering, the authors find that Republican gerrymandering increased dramatically after the 2011 redistricting and bias was most extreme in states with racial segregation where Republicans drew the maps. This bias has had long-term consequences. For instance, states with the most extreme Republican gerrymandering were more likely to pass laws that restricted voting rights and undermined public health, and they were less likely to respond to COVID-19. The authors examine the implications for American democracy and for the balance of power between federal and state government; they also offer empirically grounded recommendations for reform.
Download or read book The Justice of Contradictions written by Richard L. Hasen and published by Yale University Press. This book was released on 2018-03-20 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order
Download or read book Redistricting and Gerrymandering in North Carolina written by J. Michael Bitzer and published by Palgrave Pivot. This book was released on 2022-09-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gives a historical and contemporary overview of the redistricting process, using North Carolina for the different political, electoral, and legal issues and debates over the practice of drawing legislative district boundaries. Redistricting has been characterized as “the most political activity in America,” and North Carolina has often been at the heart of recent controversies over this particular activity. In fact, the Tar Heel state was once described as “long notorious for (its) outrageous reapportionment.” Through legislative construction to significant legal challenges, the Tar Heel state has been a noted case study for the past thirty years. From the contentious issues of redistricting principles to the matters of gerrymandering, based on race and politics, North Carolina’s past three decades have seen major U.S. Supreme Court cases deal with redistricting controversies. By exploring this state’s dealings with gerrymandering and redistricting, readers will have a better sense of the dynamics facing the nation as it confronts the 2020 Census and the subsequent redistricting efforts in 2021.
Download or read book On the American Political Problem of Partisan Gerrymandering written by Ricarda von Meding and published by . This book was released on 2019-06-07 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2018 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 16, University of Passau, language: English, abstract: This work is a systematic approach to one of the major problems within the American voting system, namely partisan gerrymandering. In response to the urgency of solving the problem of partisan gerrymandering, the origins of gerrymandering are depicted, followed by a comparison of suggested standards and solutions which have been proposed in light of recent court decisions, and an analysis of why none of them can satisfactorily solve the problem. Therefore, this paper takes a different approach and outlines how the problem can be diminished and ideally prevented in the future by approaching the problem in a more fundamental way. The right to cast an effective, meaningful vote in fair elections is at the core of every democratic system of government around the world. Even though this right has been embedded in the U.S. Constitution more than 200 years ago, the United States is now struggling more than ever before to provide this exact right to voting citizens. Partisan gerrymandering, the division of geographic areas into voting districts in a way that gives one party an unfair advantage in elections, increasingly poses a threat to the constitutional integrity of U.S.-American elections. Recently, the United States Supreme Court once again refused to set out a standard on the constitutionality of partisan gerrymandering in two cases pending before it, delaying a clear answer to this perennial problem for another few years. This continues to leave lower courts, political scientists and legal scholars second-guessing the Supreme Court's possible approach in the future.
Download or read book The Realist s Guide to Redistricting written by J. Gerald Hebert and published by American Bar Association. This book was released on 2010 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the 2010 census, every state will undertake the often contentious process of redistricting. Though some principles remain constant, much has changed in the decade since the last round of redistricting. This practical handbook is written by some of the most seasoned experts in the field. It walks you through the fundamentals of redistricting law and will help you identify the legal pitfalls that may lie ahead.
Download or read book Gerrymandering and Voting Districts written by Rita Santos and published by Greenhaven Publishing LLC. This book was released on 2018-07-15 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gerrymandering, the manipulation of boundaries in order to benefit one group or political party, is not new, but thanks to technology it is more widespread. Questions about the constitutionality of gerrymandering have gone all the way to the U.S. Supreme Court. This provocative volume explores the practice of partisan redistricting, how it affects elections and policy, whether it is unconstitutional, and above all what must be done to ensure that control of the government rests in the hands of the people.
