Download or read book Political Gerrymandering and the Courts written by Bernard Grofman and published by Algora Publishing. This book was released on 1990-05 with total page 352 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 chal.
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 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 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 written by Charles S. Bullock and published by Rowman & Littlefield. This book was released on 2021-03-10 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A 2022 Choice Reviews Outstanding Academic Title This authoritative overview of election redistricting at the congressional, state legislative, and local level provides offers an overview of redistricting for students and practitioners. The updated second edition pays special attention to the significant redistricting controversies of the last decade, from the Supreme Court to state courts.
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 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 One Person One Vote written by Nick Seabrook and published by Pantheon. This book was released on 2022-06-14 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: A redistricting crisis is now upon us. This surprising, compelling book tells the history of how we got to this moment—from the Founding Fathers to today’s high-tech manipulation of election districts—and shows us as well how to protect our most sacred, hard-fought principle of one person, one vote. Here is THE book on gerrymandering for citizens, politicians, journalists, activists, and voters. “Seabrook’s lucid account of the origins and evolution of gerrymandering—the deliberate and partisan doctoring of district borders for electoral advantage—makes a potentially dry, wonky subject accessible and engaging for a broad audience.” —The New York Times Gerrymandering is the manipulation of election districts for partisan and political gain. Instead of voters picking the politicians they want, politicians pick the voters they need to get the election results they’re after. Surprisingly, gerrymandering has been around since before our nation’s founding. And with technology, those drawing the redistricting lines have, now more than ever, been able to microtarget their electoral manipulations with unprecedented levels of precision. Nick Seabrook, an authority on constitutional and election law and an expert on gerrymandering (pronounced with a hard G!), has written an illuminating, urgently needed book on how our elections have been rigged through redistricting, beginning with the Founding Fathers, Abraham Lincoln, the Civil War, and Reconstruction, and extending to the twentieth century’s gerrymandering battles at the Supreme Court and today’s high-tech manipulations of election districts. Seabrook writes of Patrick Henry, who used redistricting to settle an old score with political foe and fellow Founding Father James Madison (almost preventing the Bill of Rights from happening). He writes of Massachusetts governor Elbridge Gerry, and corrects the mistaken notion of the derivation of the term “gerrymander.” He writes of Abraham Lincoln and how his desire to preserve the Union led him to manipulate the admission of new states in order to maintain his majority in the Senate. And we come to understand the place of the Supreme Court in its fierce battles regarding gerrymandering throughout the twentieth century. First was Felix Frankfurter, who fought for decades to prevent the judiciary from involving itself in disputes concerning the drawing of districts. Then came the Warren Court and its series of civil rights cases culminating in the landmark decision (Reynolds v. Sims), written by Chief Justice Earl Warren, which says that state legislatures, unlike the United States Congress, must have representation in both houses based on districts containing equal populations—with redistricting as needed following each census. The result has been ever-increasing, hard-fought wrangling between the two political parties after each census. Seabrook explores the rise of the most partisan gerrymanders in American history, put into place by the Republican Party after the 2010 census, and how the battle has shifted to the states via REDMAP—the GOP’s successful strategy of the last decade to control state governments and rig the results of state legislative and congressional elections.
Download or read book The Framers Coup written by Michael J. Klarman and published by Oxford University Press. This book was released on 2016-09-16 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans revere their Constitution. However, most of us are unaware how tumultuous and improbable the drafting and ratification processes were. As Benjamin Franklin keenly observed, any assembly of men bring with them "all their prejudices, their passions, their errors of opinion, their local interests and their selfish views." One need not deny that the Framers had good intentions in order to believe that they also had interests. Based on prodigious research and told largely through the voices of the participants, Michael Klarman's The Framers' Coup narrates how the Framers' clashing interests shaped the Constitution--and American history itself. The Philadelphia convention could easily have been a failure, and the risk of collapse was always present. Had the convention dissolved, any number of adverse outcomes could have resulted, including civil war or a reversion to monarchy. Not only does Klarman capture the knife's-edge atmosphere of the convention, he populates his narrative with riveting and colorful stories: the rebellion of debtor farmers in Massachusetts; George Washington's uncertainty about whether to attend; Gunning Bedford's threat to turn to a European prince if the small states were denied equal representation in the Senate; slave staters' threats to take their marbles and go home if denied representation for their slaves; Hamilton's quasi-monarchist speech to the convention; and Patrick Henry's herculean efforts to defeat the Constitution in Virginia through demagoguery and conspiracy theories. The Framers' Coup is more than a compendium of great stories, however, and the powerful arguments that feature throughout will reshape our understanding of the nation's founding. Simply put, the Constitutional Convention almost didn't happen, and once it happened, it almost failed. And, even after the convention succeeded, the Constitution it produced almost failed to be ratified. Just as importantly, the Constitution was hardly the product of philosophical reflections by brilliant, disinterested statesmen, but rather ordinary interest group politics. Multiple conflicting interests had a say, from creditors and debtors to city dwellers and backwoodsmen. The upper class overwhelmingly supported the Constitution; many working class colonists were more dubious. Slave states and nonslave states had different perspectives on how well the Constitution served their interests. Ultimately, both the Constitution's content and its ratification process raise troubling questions about democratic legitimacy. The Federalists were eager to avoid full-fledged democratic deliberation over the Constitution, and the document that was ratified was stacked in favor of their preferences. And in terms of substance, the Constitution was a significant departure from the more democratic state constitutions of the 1770s. Definitive and authoritative, The Framers' Coup explains why the Framers preferred such a constitution and how they managed to persuade the country to adopt it. We have lived with the consequences, both positive and negative, ever since.
Download or read book 51 Imperfect Solutions written by Judge Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2018-05-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Download or read book Ratf ked written by David Daley and published by National Geographic Books. This book was released on 2016-06-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The explosive account of how Republican legislators and political operatives fundamentally rigged our American democracy through redistricting. With Barack Obama’s historic election in 2008, pundits proclaimed the Republicans as dead as the Whigs of yesteryear. Yet even as Democrats swooned, a small cadre of Republican operatives, including Karl Rove, Ed Gillespie, and Chris Jankowski began plotting their comeback with a simple yet ingenious plan. These men had devised a way to take a tradition of dirty tricks—known to political insiders as “ratf**king”—to a whole new, unprecedented level. Flooding state races with a gold rush of dark money made possible by Citizens United, the Republicans reshaped state legislatures, where the power to redistrict is held. Reconstructing this never- told-before story, David Daley examines the far-reaching effects of this so-called REDMAP program, which has radically altered America’s electoral map and created a firewall in the House, insulating the party and its wealthy donors from popular democracy. Ratf**ked pulls back the curtain on one of the greatest heists in American political history.
Download or read book Elbridge Gerry s Salamander written by Gary W. Cox and published by Cambridge University Press. This book was released on 2002-03-04 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description.
Download or read book Drawing the Lines written by Nicholas R. Seabrook and published by Cornell University Press. This book was released on 2017-02-07 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: Radical redistricting plans, such as that pushed through by Texas governor Rick Perry in 2003, are frequently used for partisan purposes. Perry's plan sent twenty-one Republicans (and only eleven Democrats) to Congress in the 2004 elections. Such heavy-handed tactics strike many as contrary to basic democratic principles. In Drawing the Lines, Nicholas R. Seabrook uses a combination of political science methods and legal studies insights to investigate the effects of redistricting on U.S. House elections. He concludes that partisan gerrymandering poses far less of a threat to democratic accountability than conventional wisdom would suggest.Building on a large data set of the demographics of redrawn districts and subsequent congressional elections, Seabrook looks less at the who and how of gerrymandering and considers more closely the practical effects of partisan redistricting plans. He finds that the redrawing of districts often results in no detrimental effect for district-level competition. Short-term benefits in terms of capturing seats are sometimes achieved but long-term results are uncertain. By focusing on the end results rather than on the motivations of political actors, Seabrook seeks to recast the political debate about the importance of partisanship. He supports institutionalizing metrics for competitiveness that would prove more threatening to all incumbents no matter their party affiliation.
Download or read book The Agenda written by Ian Millhiser and published by . This book was released on 2021-03-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: From 2011, when Republicans gained control of the House of Representatives, until the present, Congress enacted hardly any major legislation outside of the tax law President Trump signed in 2017. In the same period, the Supreme Court dismantled much of America's campaign finance law, severely weakened the Voting Rights Act, permitted states to opt-out of the Affordable Care Act's Medicaid expansion, weakened laws protecting against age discimination and sexual and racial harassment, and held that every state must permit same-sex couples to marry. This powerful unelected body, now controlled by six very conservative Republicans, has and will become the locus of policymaking in the United States. Ian Millhiser, Vox's Supreme Court correspondent, tells the story of what those six justices are likely to do with their power. It is true that the right to abortion is in its final days, as is affirmative action. But Millhiser shows that it is in the most arcane decisions that the Court will fundamentally reshape America, transforming it into something far less democratic, by attacking voting rights, dismantling and vetoing the federal administrative state, ignoring the separation of church and state, and putting corporations above the law. The Agenda exposes a radically altered Supreme Court whose powers extend far beyond transforming any individual right--its agenda is to shape the very nature of America's government, redefining who gets to have legal rights, who is beyond the reach of the law, and who chooses the people who make our laws.
Download or read book The Great Suppression written by Zachary Roth and published by Crown. This book was released on 2016-08-02 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Book Review Editor's Choice Finalist for the J. Anthony Lukas Book Prize In the wake of Donald Trump's victory in the 2016 presidential election, a deeply reported look inside the conservative movement working to undermine American democracy. Donald Trump is the second Republican this century to triumph in the Electoral College without winning the popular vote. As Zachary Roth reveals in The Great Suppression, this is no coincidence. Over the last decade, Republicans have been rigging the game in their favor. Twenty-two states have passed restrictions on voting. Ruthless gerrymandering has given the GOP a long-term grip on Congress. Meanwhile, the Supreme Court has eviscerated campaign finance laws, boosting candidates backed by big money. It would be worrying enough if these were just schemes for partisan advantage. But the reality is even more disturbing: a growing number of Republicans distrust the very idea of democracy—and they’re doing everything they can to limit it. In The Great Suppression, Roth unearths the deep historical roots of this anti-egalitarian worldview, and introduces us to its modern-day proponents: The GOP officials pushing to make it harder to cast a ballot; the lawyers looking to scrap all limits on money in politics; the libertarian scholars reclaiming judicial activism to roll back the New Deal; and the corporate lobbyists working to ban local action on everything from the minimum wage to the environment. And he travels from Rust Belt cities to southern towns to show us how these efforts are hurting the most vulnerable Americans and preventing progress on pressing issues. A sharp, searing polemic in the tradition of Rachel Maddow and Matt Taibbi, The Great Suppression is an urgent wake-up call about a threat to our most cherished values, and a rousing argument for why we need democracy now more than ever.
Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Download or read book The Law of Democracy written by Samuel Issacharoff and published by . This book was released on 2002 with total page 1286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Democracy offers a systematic exploration of the legal construction of American democracy. The book brings together a cluster of issues in law regulating the design of democratic institutions, and the book employs a variety of methods - historical, comparative, theoretical, doctrinal - to explore foundational questions in the theory and practice of democracy. Covered issues include the historical development of the individual right to vote; current struggles over racial gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies.
