Vote Dilution, Minority Voting Rights, and the Courts
Author | : Stephen L. Wasby |
Publisher | : |
Total Pages | : 52 |
Release | : 1982 |
Genre | : Law |
ISBN | : |
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Author | : Stephen L. Wasby |
Publisher | : |
Total Pages | : 52 |
Release | : 1982 |
Genre | : Law |
ISBN | : |
Author | : Bernard Grofman |
Publisher | : Cambridge University Press |
Total Pages | : 192 |
Release | : 1992 |
Genre | : History |
ISBN | : 9780521477642 |
With the passage of the Voting Rights Act in 1965, the right of minorities to register and vote was largely secured. It was soon discovered, however, that minority voting did not guarantee the election of minorities or minority-preferred candidates. Indeed, efforts by states and localities in the second half of the 1960s were aimed at denying any substantial minority representation to go along with the ability to cast ballots. Eventually congressional amendments to the Act along with the Supreme Court opinion in Thornburg v. Gingles (1986) have led to efforts to eliminate electoral laws that have the effect of diluting the minority vote, whether or not they were enacted with discriminatory intent. Controversy still surrounds the matter of minority representation, however, because of the ambiguity of certain aspects of the law and because of problems in applying it to the largely single-member district context of the 1990s. This book is the most up-to-date treatment of voting rights law and the numerous controversies surrounding minority representation. The authors have extensive, firsthand experience in both the legal battles and the scholarly examination of these issues. Based on this wealth of experience, they describe the development of the law after 1965, discuss in detail the prevailing Supreme Court interpretation of the Voting Rights Act, and examine discrepancies in federal court interpretations of subsequent actions. They also introduce the reader to technical procedures for establishing standards of representation and measuring discrimination. In the final two chapters, they consider the application of voting rights law to districting in the 1990s along with the implications of recent developments for the future of representation in America.
Author | : Chandler Davidson |
Publisher | : |
Total Pages | : 320 |
Release | : 1984 |
Genre | : Political Science |
ISBN | : |
Author | : Charles L. Zelden |
Publisher | : Bloomsbury Publishing USA |
Total Pages | : 367 |
Release | : 2002-01-11 |
Genre | : Political Science |
ISBN | : 1576077950 |
Explores and documents the causes and effects of the long history of vote denial on American politics, culture, law, and society. The debate over who can and cannot vote has been "on trial" since the American Revolution. Throughout U.S. history, the franchise has been awarded and denied on the basis of wealth, status, gender, ethnicity, and race. Featuring a unique mix of analysis and documentation, Voting Rights on Trial illuminates the long, slow, and convoluted path by which vote denial and dilution were first addressed, and then defeated, in the courts. Four narrative chapters survey voting rights from colonial times to the 2000 presidential election, focus on key court cases, and examine the current voting climate. The volume includes analysis of voting rights in the new century and their implications for future electoral contests. The coverage concludes with selections of documents from cases discussed, relevant statutes and amendments, and other primary sources.
Author | : United States Commission on Civil Rights |
Publisher | : |
Total Pages | : 20 |
Release | : 1965 |
Genre | : Government publications |
ISBN | : |
Author | : Sharyn O’Halloran |
Publisher | : Russell Sage Foundation |
Total Pages | : 386 |
Release | : 2006-09-21 |
Genre | : Law |
ISBN | : 1610441893 |
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.
Author | : Bernard N. Grofman |
Publisher | : Brookings Institution Press |
Total Pages | : 404 |
Release | : 2011-01-01 |
Genre | : Political Science |
ISBN | : 9780815707257 |
Widely regarded as one of the most successful pieces of modern legislation, the Voting Rights Act of 1965 has transformed the nature of minority participation and representation in the United States. But with success came controversy as some scholars claim the Act has outlived its usefulness or been subverted in its aim. This volume brings together leading scholars to offer a twenty-five year perspective on the consequences of this landmark act. The Fifteenth Amendment, ratified in 1870, stated that the right of U.S. citizens to vote "shall not be denied or abridged by the United States or by any State on account of race, color, or condition of previous servitude." The South, however, virtually ignored this right, disfranchising blacks through violence, intimidation, literacy tests, and poll taxes. The primary purpose of the Voting Rights Act of 1965 was to break down these barriers to minority voting. Beginning with chapters covering the key provisions of the Act, the book discusses the way the Act has transformed American politics and looks at the role played by major civil rights groups in lobbying for extensions and amendments to it and in insuring that its provisions would be enforced.
Author | : Abigail M. Thernstrom |
Publisher | : Harvard University Press |
Total Pages | : 348 |
Release | : 1987 |
Genre | : History |
ISBN | : 9780674951952 |
"A Twentieth Century Fund study."Includes indexes. Bibliography: p. [257]-302.
Author | : Benjamin E. Griffith |
Publisher | : American Bar Association |
Total Pages | : 420 |
Release | : 2008 |
Genre | : Election law |
ISBN | : 9781590319727 |
This book is a snapshot of America's voting and electoral practices, problems, and most current issues. The book addresses a variety of fundamental areas concerning election law from a federal perspective such as the Help America Vote Act, lessons learned from the 2000 and 2004 presidential elections, voter identification, and demographic and statistical experts in election litigation, and more. It is a useful guide for lawyers as well as law school professors, election officials, state and local government personnel, and election workers.
Author | : Kevin J. Coleman |
Publisher | : CreateSpace |
Total Pages | : 32 |
Release | : 2015-01-02 |
Genre | : Election law |
ISBN | : 9781505554328 |
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.