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 : 88.62 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 : 75.14 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 : 47.39 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 : 73.18 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

Redistricting And Representation

Author : Thomas Brunell
ISBN : 9781135925215
Genre : Political Science
File Size : 44.70 MB
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Pundits have observed that if so many incumbents are returned to Congress to each election by such wide margins, perhaps we should look for ways to increase competitiveness – a centerpiece to the American way of life – through redistricting. Do competitive elections increase voter satisfaction? How does voting for a losing candidate affect voters’ attitudes toward government? The not-so-surprising conclusion is that losing voters are less satisfied with Congress and their Representative, but the implications for the way in which we draw congressional and state legislative districts are less straightforward. Redistricting and Representation argues that competition in general elections is not the sine qua non of healthy democracy, and that it in fact contributes to the low levels of approval of Congress and its members. Brunell makes the case for a radical departure from traditional approaches to redistricting – arguing that we need to "pack" districts with as many like-minded partisans as possible, maximizing the number of winning voters, not losers.
Category: Political Science

The Logic Of Democracy

Author : Anthony J. McGann
ISBN : 0472069497
Genre : Political Science
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The Logic of Democracy examines some of the broadest questions in political science—what is democracy and how does it work—and provides a unified theory to explain them. McGann brings together the often antagonistic literature on normative political philosophy, social choice, and the empirical study of political institutions to show that it is possible to provide answers for many outstanding problems prevalent in all three. “This ranks with Riker and Mackie as one of the most important works in democratic theory of the last thirty years. McGann slices through fashionable nonsense like a knife through hot butter.” --Iain McLean, Oxford University “McGann brings a variety of theoretical arguments together to provide a coherent logic of majoritarian democracy and a wholehearted and comprehensive defense of majority rule. Notably, he finds virtue in what is commonly viewed as majority rule's vice — namely cycling — and he also shows that proportional representation, not first-past-the-post, is required for true majoritarianism. The book should be read not just by formal theorists but by a broad range of political science scholars and students.” --Nicholas R. Miller, University of Maryland “In The Logic of Democracy Anthony McGann practices political science the way it should be done. He takes a difficult and important theoretical question, namely how we should interpret the possibility of majority-rule cycling, pursues it single-mindedly across the unhelpful barriers raised by established subspecialties and methodologies, and arrives at a set of non-obvious normative and empirical results. Will you agree with every argument he advances? Surely not. You will, however, benefit immensely from reading this exemplary book.” --Jim Johnson, University of Rochester Anthony McGann is Assistant Professor of Political Science at the University of California, Irvine.
Category: Political Science

The Rise And Fall Of War Crimes Trials

Author : Charles Anthony Smith
ISBN : 9781107023543
Genre : History
File Size : 32.59 MB
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This book is the first comprehensive analysis of the politics of war crimes trials. It provides a systematic and theoretically rigorous examination of whether these trials are used as tools for political consolidation or whether justice is their primary purpose. The consideration of cases begins with the trial of Charles I of England and goes through the presidency of George W. Bush, including the trials of Saddam Hussein and those arising from the War on Terror. The book concludes that political consolidation is the primary concern of these trials - a point that runs contrary to the popular perception of the trials and their stated justification. Through the consideration of war crimes trials, this book makes a contribution to our understanding of power and conflict resolution and illuminates the developmental path of war crimes tribunals.
Category: History

Drawing The Lines

Author : Nicholas R. Seabrook
ISBN : 9781501707780
Genre : History
File Size : 78.15 MB
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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.
Category: History

Six Amendments

Author : John Paul Stevens
ISBN : 9780316373746
Genre : Political Science
File Size : 59.72 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