GERRYMANDERING IN AMERICA THE HOUSE OF REPRESENTATIVES THE SUPREME COURT AND THE FUTURE OF POPULAR SOVEREIGNTY

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Gerrymandering In America

Author : Anthony J. McGann
ISBN : 9781316589335
Genre : Political Science
File Size : 86.20 MB
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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.
Category: Political Science

Gerrymandering The Supreme Court And The Constitutional Revolution Of 2004

Author : Anthony J. McGann
ISBN : 9781107143258
Genre : Political Science
File Size : 22.80 MB
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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.
Category: Political Science

Political Gerrymandering And The Courts

Author : Bernard Grofman
ISBN : 0875862667
Genre : Law
File Size : 42.95 MB
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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."
Category: Law

Redistricting

Author : Charles S. Bullock III
ISBN : 9781442203556
Genre : Political Science
File Size : 31.67 MB
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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 2011-2012. Chapters 2 through 5 cover the major factors involved in drawing the new maps. These are arranged in the order of their legal prominence beginning with the need for equal populations before moving to the obligation to avoid discriminating against minorities. Chapter 4 examines the other elements weighed by those redrawing districts: compactness, respect for political boundaries and communities of interest. Chapter 5 deals with partisan considerations and consequences of redistricting. More than any other state, Georgia has probably been the locale for more precedent-setting cases and had more difficulty securing Department of Justice approval of its districting plans. Chapter 6 uses Georgia as a case study to demonstrate the application of a number of concepts discussed in the preceding four chapters. The seventh chapter provides a preview of the post-2010 redistricting with a discussion of projections of likely congressional reapportionment. The final chapter also considers how the changes in the Voting Rights Act adopted in 2006 may affect the next round of redistricting.
Category: Political Science

Six Amendments

Author : John Paul Stevens
ISBN : 9780316373746
Genre : Political Science
File Size : 24.59 MB
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For the first time ever, a retired Supreme Court Justice offers a manifesto on how the Constitution needs to change. By the time of his retirement in June 2010, John Paul Stevens had become the second longest serving Justice in the history of the Supreme Court. Now he draws upon his more than three decades on the Court, during which he was involved with many of the defining decisions of the modern era, to offer a book like none other. SIX AMENDMENTS is an absolutely unprecedented call to arms, detailing six specific ways in which the Constitution should be amended in order to protect our democracy and the safety and wellbeing of American citizens. Written with the same precision and elegance that made Stevens's own Court opinions legendary for their clarity as well as logic, SIX AMENDMENTS is a remarkable work, both because of its unprecedented nature and, in an age of partisan ferocity, its inarguable common sense.
Category: Political Science

Handbook Of Biology And Politics

Author : Steven A. Peterson
ISBN : 9781783476275
Genre :
File Size : 45.68 MB
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The study of biology and politics (or biopolitics) has gained considerable currency in recent years, as articles on the subject have appeared in mainstream journals and books on the subject have been well received. The literature has increased greatly since the 1960s and 1970s, when this specialization first made an appearance. This volume assesses the contributions of biology to political science. Chapters focus on general biological approaches to politics, biopolitical contributions to mainstream areas within political science, and linkages between biology and public policy. The volume provides readers with a comprehensive introduction to the subject.
Category:

Ratf Ked

Author : David Daley
ISBN : 1631493213
Genre : Political Science
File Size : 50.97 MB
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Lauded as a "compelling" (The New Yorker) and "eye-opening tour of a process that many Americans never see" (Washington Post), David Daley's Ratf**ked documents the effort of Republican legislators and political operatives to hack American democracy through an audacious redistricting plan called REDMAP. Since the revolutionary election of Barack Obama, a group of GOP strategists has devised a way to flood state races with a gold rush of dark money, made possible by Citizens United, in order to completely reshape Congress--and our democracy itself. "Sobering and convincing" (New York Review of Books), Ratf**ked shows how this program has radically altered America's electoral map and created a firewall in the House, insulating the Republican party and its wealthy donors from popular democracy. While exhausted voters recover from a grueling presidential election, a new Afterword from the author explores the latest intense efforts by both parties, who are already preparing for the next redistricting cycle in 2020.
Category: Political Science

The American Supreme Court

Author : Robert G. McCloskey
ISBN : 9780226556833
Genre : Law
File Size : 50.90 MB
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Celebrating its fiftieth anniversary, Robert McCloskey’s classic work on the Supreme Court’s role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation’s highest court. For this new fifth edition, Sanford Levinson extends McCloskey’s magisterial treatment to address the Court’s most recent decisions. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiments. In two revised chapters, Levinson shows how McCloskey’s approach continues to illuminate developments since 2005, including the Court’s decisions in cases arising out of the War on Terror, which range from issues of civil liberty to tests of executive power. He also discusses the Court’s skepticism regarding campaign finance regulation; its affirmation of the right to bear arms; and the increasingly important nomination and confirmation process of Supreme Court justices, including that of the first Hispanic justice, Sonia Sotomayor. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.
Category: Law

How Democratic Is The American Constitution

Author : Robert Alan Dahl
ISBN : 9780300133721
Genre : Law
File Size : 37.15 MB
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In this provocative book, one of our most eminent political scientists questions the extent to which the American Constitution furthers democratic goals. Robert Dahl reveals the Constitution's potentially antidemocratic elements and explains why they are there, compares the American constitutional system to other democratic systems, and explores how we might alter our political system to achieve greater equality among citizens. In a new chapter for this second edition, he shows how increasing differences in state populations revealed by the Census of 2000 have further increased the veto power over constitutional amendments held by a tiny minority of Americans. He then explores the prospects for changing some important political practices that are not prescribed by the written Constitution, though most Americans may assume them to be so.
Category: Law

Plutocrats United

Author : Richard L. Hasen
ISBN : 9780300216745
Genre : Political Science
File Size : 37.32 MB
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Campaign financing is one of today’s most divisive political issues. The left asserts that the electoral process is rife with corruption. The right protests that the real aim of campaign limits is to suppress political activity and protect incumbents. Meanwhile, money flows freely on both sides. In Plutocrats United, Richard Hasen argues that both left and right avoid the key issue of the new Citizens United era: balancing political inequality with free speech. The Supreme Court has long held that corruption and its appearance are the only reasons to constitutionally restrict campaign funds. Progressives often agree but have a much broader view of corruption. Hasen argues for a new focus and way forward: if the government is to ensure robust political debate, the Supreme Court should allow limits on money in politics to prevent those with great economic power from distorting the political process.
Category: Political Science